354.11 Attachments to subdivision plats.
1. A subdivision plat, other than an auditor’s plat, that is presented to the recorder for recording shall conform to section 354.6 and shall not be accepted for recording unless accompanied by the following documents:
a. A statement by the proprietors and their spouses, if any, that the plat is prepared with their free consent and in accordance with their desire, signed and acknowledged before an officer authorized to take the acknowledgment of deeds. The statement by the proprietors may also include a dedication to the public of all lands within the plat that are designated for streets, alleys, parks, open areas, school property, or other public use, if the dedication is approved by the governing body.
b. A statement from the mortgage holders or lienholders, if any, that the plat is prepared with their free consent and in accordance with their desire, signed and acknowledged before an officer authorized to take the acknowledgment of deeds. An affidavit and bond as provided for in section 354.12 may be recorded in lieu of the consent of the mortgage or lienholder. When a mortgage or lienholder consents to the subdivision, a release of mortgage or lien shall be recorded for any areas conveyed to the governing body or dedicated to the public.
c. An opinion by an attorney at law who has examined the abstract of title of the land being platted. The opinion shall state the names of the proprietors and holders of mortgages, liens, or other encumbrances on the land being platted and shall note the encumbrances, along with any bonds securing the encumbrances. Utility easements shall not be construed to be encumbrances for the purpose of this section.
d. A certified resolution by each governing body as required by section 354.8 either approving the subdivision or waiving the right to review.
e. A statement by the auditor approving the name or title of the subdivision plat.
f. A certificate of the treasurer that the land is free from certified taxes and certified special assessments or that the land is free from certified taxes and that the certified special assessments are secured by bond in compliance with section 354.12. A certificate of the treasurer shall expire upon the next annual delivery of the tax list from the county auditor to the county treasurer pursuant to the procedures set forth in section 443.4. An expired certificate of the treasurer shall not be considered an acceptable document presented to the recorder for recording.
2. A subdivision plat that includes no land set apart for streets, alleys, parks, open areas, school property, or public use other than utility easements shall be accompanied by the documents listed in subsection 1, paragraphs “a”, “b”, “c”, “d”, and “e” and a certificate of the treasurer that the land is free from certified taxes other than certified special assessments.
90 Acts, ch 1236, §25
C91, §409A.11
C93, §354.11
2006 Acts, ch 1012, §2, 3; 2010 Acts, ch 1061, §143; 2020 Acts, ch 1061, §1
Referred to in §354.6, 354.8, 354.16, 354.25
Subsection 1, paragraph f amended