(On Behalf of the Nevada Association of Land Surveyors)
April 15, 1997
____________
Referred to Committee on Government Affairs
SUMMARY--Makes various changes relating to division of land. (BDR 22-1059)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: No.
EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.
AN ACT relating to the division of land; revising various provisions relating to maps of subdivisions of land; authorizing professional land surveyors to request the correction or amendment of certain maps; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1 NRS 278.0145 is hereby amended to read as follows:
278.0145 "Final map" means a map prepared in accordance with the provisions of NRS [278.010 to 278.630, inclusive, and] 278.325, 278.360 to 278.460, inclusive, 278.472, 278.4725, 278.4955 or any applicable local ordinance, which is designed to be placed on record in the office of the county recorder of the county in which any part of the subdivision is located or the recorder of Carson City.
Sec. 2. NRS 278.017 is hereby amended to read as follows:
278.017 "Parcel map" means a map as provided in NRS 278.461, 278.462, 278.463, 278.464 [, 278.466 and 278.467.] or 278.466.
Sec. 3. NRS 278.360 is hereby amended to read as follows:
278.360 1. Unless a longer time is provided in an agreement entered into pursuant to NRS 278.0201:
(a) Unless the time is extended, the subdivider shall present to the governing body, or planning commission if it has been authorized to act finally, a final map, prepared in accordance with the tentative map, for the entire area for which a tentative map has been approved, or one of a series of final maps, each covering a portion of the approved tentative map, within [1 year or within successive 1-year periods] 2 years after the date of approval of the tentative map.
(b) If the subdivider fails to record a final map for any portion of the tentative map within [1 year] 2 years after the date of approval of the tentative map, or within 1 year after the date of approval of the most recently recorded final map, all proceedings concerning the subdivision are terminated.
(c) The governing body or planning commission may grant an extension of not more than 1 year for the presentation of any final map after the [1-year] period for presenting the entire final map or next successive final map has expired.
2. If the subdivider is presenting in a timely manner a series of final maps, each covering a portion of the approved tentative map, no requirements other than those imposed on each of the final maps in the series may be placed on the map when an extension of time is granted unless the requirement is directly attributable to a change in applicable laws which affect the public health, safety or welfare.
Sec. 4. NRS 278.390 is hereby amended to read as follows:
278.390 Title to property dedicated or accepted for streets and easements passes when the final map is recorded. If at the time the final map is approved any streets are rejected, the offer of dedication shall be deemed to remain open and the governing body or planning commission may by resolution at any later date, and without further action by the subdivider, rescind its action and accept and open the streets for public use. Such an acceptance must be recorded in the office of the county recorder and be so noted by the recorder on the subdivision [plot,] plat, if the county recorder does not maintain a cumulative index for such [plots] plats and amendments. If such an index is maintained, the county recorder shall direct an appropriate entry for the acceptance or amendment.
Sec. 5. NRS 278.468 is hereby amended to read as follows:
278.468 1. If a parcel map is approved pursuant to NRS 278.464, the preparer of the map shall:
(a) [Record] Cause the approved map to be recorded in the office of the county recorder within 1 year after the date the map met all conditions required for approval. The map must be accompanied by a written statement signed by the treasurer of the county in which the land to be divided is located indicating that all property taxes on the land for the fiscal year have been paid.
(b) Pay a $17 fee to the county recorder for filing and indexing.
2. Upon receipt of a parcel map, the county recorder shall file the map in a suitable place. He shall keep proper indexes of parcel maps by the name of grant, tract, subdivision or United States subdivision.
Sec. 6. NRS 278.473 is hereby amended to read as follows:
278.473 1. To correct an error or omission in [,] or to amend any recorded subdivision plat, record of survey, parcel map, map of division into large parcels [,] or reversionary map, if the correction or amendment does not change or purport to change the physical location of any survey monument, property line or boundary line, a certificate of amendment must be requested and recorded pursuant to this section.
2. A certificate of amendment may be requested by:
(a) The county surveyor to make a correction or amendment which affects land located within the boundaries of an unincorporated area or Carson City;
(b) The city surveyor or a professional land surveyor appointed by the governing body of the city to make a correction or amendment which affects land located within an incorporated city; [or]
(c) The planning commission if authorized by local ordinance [.] ; or
(d) A professional land surveyor registered pursuant to chapter 625 of NRS.
3. If a certificate of amendment is requested to correct or amend a record of survey, the surveyor who:
(a) [Made the survey which is to be amended;] Requests the certificate of amendment; or
(b) Is responsible for [the] an error or omission which is to be
corrected,
shall prepare and record the certificate of amendment within 90 days after he receives notification of the request made pursuant to subsection 2. If the surveyor is no longer professionally active, the county surveyor, city surveyor or a professional land surveyor appointed by the governing body shall prepare and file the certificate.
4. The certificate of amendment must:
(a) Be in the form of a letter addressed to the county surveyor, the city surveyor, a professional land surveyor appointed by the governing body of the city or, if authorized by local ordinance, the planning commission;
(b) Specify the title, legal description and recording date of the document being corrected or amended;
(c) Concisely state the data being changed and the correction or amendment;
(d) Be dated, signed and sealed by the surveyor preparing the certificate; and
(e) Contain the following statement, dated and signed by the county surveyor, city surveyor or a professional land surveyor appointed by the governing body:
I hereby certify that I have examined the certificate of amendment and that the changes to the original document specified therein are provided for in applicable sections of NRS 278.010 to 278.630, inclusive, 625.340 to 625.380, inclusive, and local ordinances adopted pursuant thereto, and I am satisfied that this certificate of amendment so amends or corrects the document as to make it technically correct.
5. Upon the recording of a certificate of amendment, the county recorder shall cause a proper notation to be entered upon all recorded sheets of the original document being amended, if the county recorder does not maintain a cumulative index for such maps and amendments. If such an index is maintained, the county recorder shall direct an appropriate entry for the amendment.
Sec. 7. NRS 278.475 is hereby amended to read as follows:
278.475 1. To correct an error or omission in or to amend any recorded subdivision plat, record of survey, parcel map, map of division into large parcels [,] or reversionary map, if the correction or amendment changes or purports to change the physical location of any survey monument, property line or boundary line, an amended plat, survey or map must be requested and recorded pursuant to this section.
2. An amended plat, survey or map [, which corrects an error or omission,] may be requested by:
(a) The county surveyor to make a correction or amendment which affects land located within the boundaries of an unincorporated area or Carson City;
(b) The city surveyor or a professional land surveyor appointed by the governing body of the city to make a correction or amendment which affects land located within an incorporated city; [or]
(c) The planning commission if authorized by local ordinance [.] ; or
(d) A professional land surveyor registered pursuant to chapter 625 of NRS.
3. Except as otherwise provided in this subsection, a surveyor who [performed] :
(a) Performed the survey [is] ; or
(b) Is responsible for [the] an error or omission which is to be corrected , [and]
shall prepare and record the amended plat, survey or map within 90 days after he receives notification of the request made pursuant to subsection 2. The time within which the surveyor must prepare and record the amended plat, survey or map may be extended by the county surveyor, the city surveyor or a professional land surveyor appointed by the governing body of the city or the planning commission. If the surveyor who performed the survey or is responsible for the error or omission is no longer professionally active, the county surveyor, city surveyor or a professional land surveyor appointed by the governing body shall prepare and file the amended plat, survey or map.
Sec. 8. NRS 278.477 is hereby amended to read as follows:
278.477 1. In addition to the requirements of subsection 2, an amendment of a recorded subdivision plat, parcel map, map of division into large parcels [,] or record of survey which changes or purports to change the physical location of any survey monument, property line or boundary line is subject to the following requirements:
(a) If the proposed amendment is to a parcel map, map of division into large parcels [,] or record of survey, the same procedures and requirements apply as in the original filing.
(b) If the proposed amendment is to a subdivision plat, only those procedures for the approval and filing of a final map.
2. Any amended subdivision plat, parcel map , map of division into large parcels or record of survey required pursuant to subsection 1 must:
(a) Be identical in size and scale to the document being amended, drawn in the manner and on the material provided by law;
(b) Have the words "Amended Plat of" prominently displayed on each sheet above the title of the document amended;
(c) Have a blank margin for the county recorder's index information;
(d) Have a 3-inch square adjacent to and on the left side of the existing square for the county recorder's information and stamp; and
(e) [Contain or be accompanied by the report of a title company and the certificate required by NRS 278.374 or an order of the district court of the county in which the land is located that the amendment may be approved without all the necessary signatures if the order is based upon a finding that a bona fide effort was made to communicate with the necessary persons, that all persons who responded have consented thereto and that the amendment does not adversely affect the persons who did not respond;
(f)] Contain a certificate of the professional land surveyor registered pursuant to chapter 625 of NRS who prepared the amendment stating that it complies with all pertinent sections of NRS 278.010 to 278.630, inclusive, and 625.340 to 625.380, inclusive, and with any applicable local ordinance . [; and
(g) For a survey recorded in support of an adjusted boundary, contain a certificate executed by the appropriate county surveyor, county engineer, city surveyor or city engineer, if he is registered as a professional land surveyor or civil engineer pursuant to chapter 625 of NRS stating that he has examined the document and that it is technically correct.]
3. An amended subdivision plat, parcel map, map of division into large parcels or record of survey that is recorded in support of an adjusted boundary must:
(a) Contain or be accompanied by the report of a title company and the certificate required by NRS 278.374 or an order of the district court of the county in which the land is located that the amendment may be approved without all the necessary signatures if the order is based upon a finding that:
(1) A bona fide effort was made to notify the necessary persons;
(2) All persons who responded to the notice have consented to the amendment; and
(3) The amendment does not adversely affect the persons who did not respond; and
(b) Contain a certificate executed by the appropriate county surveyor, county engineer, city surveyor or city engineer, if he is registered as a professional land surveyor or civil engineer pursuant to chapter 625 of NRS, stating that he has examined the document and that it is technically correct.
4. Upon recording the amended document, the county recorder shall cause a proper notation to be entered upon all recorded sheets of the document being amended, if the county recorder does not maintain a cumulative index for such maps and amendments. If such an index is maintained, the county recorder shall direct an appropriate entry for the amendment.