17.53.075 Submission of Final Subdivision Plat

17.53.075 Submission of Final Subdivision Plat.

Within 12 months after approval of the tentative plan, the subdivider shall prepare a final plat in conformance with the tentative plan as approved. The subdivider shall submit the original drawing and two exact copies and any supplementary information to the city engineer. Approval of the tentative subdivision plan shall be valid for a one-year period from the effective date of approval. Upon written request, the director may approve a one-year extension of the decision. Additional extensions shall require the subdivider to resubmit the tentative plan to the planning commission and make any revisions considered necessary to meet changed conditions.

A. Information on Final Plat. In addition to that specified by ORS 92.050 and ORS 209.250, the following information shall be shown on the final plat and/or complied with:

1. The date, scale, north point, legend, controlling topography, such as bluffs, creeks, and other bodies of water, and existing cultural features, such as highways and railroads;

2. Legal description of the tract boundaries;

3. Name of the owner, subdivider, and surveyor;

4. Reference points of existing surveys identified, related to the plat by distances and bearings, and referenced to a field book or map as follows:

a. Stakes, monuments, or other evidence found on the ground and used to determine the boundaries of the subdivision;

b. Adjoining lot corners of adjoining subdivisions;

c. Oregon Coordinate System

d. Error of closure throughout the subdivision shall not exceed one foot in 10,000 feet;

e. Measurement error shall not exceed one tenth of a foot between monuments, or one ten-thousandth of the distance shown on the subdivision plat, whichever is greater.

f. Other monuments found or established in making the survey of the subdivision or required to be installed by provisions of this ordinance.

5. The exact location, deflection angle, and width of streets and easements intercepting the boundary of the tract. The width of the portion of streets being dedicated and the width of existing right-of-way. For streets on curvature, curve data shall be based on the street center line. In addition to showing bearings in degrees, minutes, and seconds of a degree and distances in feet and hundredths of a foot, the following curve information shall be shown on the subdivision either on the face of the map or in a separate table:

a. Arc length;

b. Chord length;

c. Chord bearing;

d. Radius; and

e. Central angle.

6. Tract, block, and lot boundary lines and street rights-of-way and center lines, with dimensions, bearing and deflection angles, radii, arcs, points of curvature, and tangent bearings. Flood plain and normal high water lines for any creek or other body of water. Tract boundaries and street bearings shall be shown to the nearest 30 seconds with basis of bearings. Distances shall be shown to the nearest 0.01 feet. No ditto marks shall be used;

7. Easements denoted by fine dotted lines, clearly identified and, if already of record, their recorded reference. If an easement of record is not definitely located, a statement of the easement shall be given. The width of the easement, its length and bearing, and sufficient ties to locate the easement with respect to the subdivision shall be shown. If the easement is being dedicated by the plat, it shall be properly referenced in the owner’s certificates of dedication;

8. Lot numbers beginning with the number “1” and numbered consecutively;

9. Area of each lot shall be shown on the face of the plat, with acreage calculated to 1/100 acre or square footage to nearest square foot, when area is less than one acre;

10. Identification of land parcels to be dedicated for any purpose, public or private, so as to be distinguishable from lots intended for sale;

11. The following declarations which may be combined where appropriate;

a. A declaration signed and acknowledged by all parties having any recorded title or interest in the land, consenting to the preparation and recording of the plat;

b. A declaration signed and acknowledged as above, dedicating all parcels of land shown on the final map intended for public use except those parcels which are intended for the exclusive use of the lot owners in the subdivision, their licenses, visitors, tenants, and servants;

c. A declaration with the seal of the surveyor responsible for the survey and final map;

d. Other declarations, deed restrictions, or covenants as now or hereafter may be required by law.

12. A statement of water right, if appropriate, and, if a water right is appurtenant, a copy of the acknowledgment from the Water Resources department must be attached before the County recording officer may accept the plat of the subdivision for recording (ORS 92.120).

B. Supplementary Information with Final Subdivision Plat. The following data shall accompany the final plat:

1. A subdivision guarantee report issued by a title insurance company in the name of the owner(s) of the land, showing all parties whose consent is necessary and their interest in the premises;

2. Sheets and drawings showing the following:

a. Traverse data including the coordinates of the boundary of the subdivision and ties to section corners and donation land claim corners, and showing the error of closure, if any, prior to adjustment;

b. The computation of all distances, angles, and courses shown on the final map;

c. Ties to existing monuments, proposed monuments, adjacent subdivisions, street corners, state highway stationing, and Oregon Coordinate System;

3. A copy of any deed restrictions applicable to the subdivision;

4. A copy of any dedication requiring separate documents;

5. Written proof that all taxes and assessments which have become a lien on the tract are paid;

1. Upon receipt of the final plat and accompanying data, the city engineering department, the planning department and McMinnville water and light shall review the final plat and documents to determine that the plat conforms to the approved tentative plan, and that there has been compliance with provisions of the law and of this ordinance.

2. In addition to the above review process, the city engineer and County Surveyor shall examine the plat for compliance with requirements for accuracy and completeness. They shall make checks in the field to verify that the plat is sufficiently correct on the ground, and may enter the property for this purpose. If they determine that there has not been full conformity, the subdivider shall be advised of the changes or additions that must be made, and the subdivider shall be afforded an opportunity to make such changes or additions.

3. If the city engineer determines that full conformity has been made, he shall so certify.

D. Agreement for Improvements. Before director or planning commission approval is certified on the final plat, the subdivider shall either install required improvements and repair existing streets and other public facilities damaged in the development of the subdivision or execute and file with the city an agreement between himself and the city, specifying the period within which required improvements and repairs shall be completed. The agreement shall provide that if the work is not completed within the period specified, the city may complete the work and recover the full cost and expense thereof from the subdivider. The agreement may provide for the construction of the improvements in units and for an extension of time under specified conditions.

1. The subdivider will be required to file with the agreement for improvement as required in MMC 17.53.075(D) above, to assure his full and faithful performance thereof, one of the following:

a. A surety bond executed by a surety company authorized to transact business in the state of Oregon in a form approved by the city attorney;

b. File with the city a copy of instructions to a qualified escrow agent, providing that said agent shall withhold any amounts due or to become due to the subdivider in amount sufficient to cover the cost of all public improvements to be completed or installed by the subdivider, in a form approved by the city attorney;

c. Cash;

d. Letter of credit or loan commitment in a form approved by the city attorney.

2. Such assurance of full and faithful performance shall be for a sum determined by the city engineer as sufficient to cover the cost of the improvements and repairs, including related city expenses.

3. If the subdivider fails to carry out provisions of the agreement and the city has unreimbursed costs or expense resulting from such failure, the city shall call on the bond or cash deposit for reimbursement. If the amount of the bond or cash deposit exceeds the cost and expense incurred by the city, the city shall release the remainder. If the amount of the bond or cash deposit is less than the cost and expense incurred by the city, the subdivider shall be liable to the city for the difference. (Ord. 4988 §1, 2015; Ord. 4920 §4, 2010).