Chapter 16.25
DEDICATION OF PLATS AND SHORT PLATS

Sections:

16.25.010    Requirements.

16.25.020    Shown on plat.

16.25.030    Access to lots.

16.25.040    Exemption – Conveyance to corporation.

16.25.050    Exemption – Corporate membership and responsibilities – Condition of exemption.

16.25.010 Requirements.

(1) All streets, highways and parcels of land shown on the final map and intended for any public use shall be offered for dedication for public use, except where the provisions provide for private streets.

(2) Streets intended for future use as access to adjoining properties must be dedicated and constructed even though their immediate use is not required.

(3) Easements being dedicated shall be so indicated in the certificate of dedication and on the face of the plat.

(4) Every final plat or short plat of a subdivision or short subdivision filed for record must contain a certificate giving a full and correct description of the lands divided as they appear on the plat or short plat, including a statement that the subdivision or short subdivision has been made with the free consent and in accordance with the desires of the owner or owners. If the plat or short plat includes a dedication, the certificate shall also contain the dedication of all streets and other areas to the public, and individual or individuals, religious society or societies or to any corporation, public or private, as shown on the plat or short plat. A waiver of all claims for damages against any governmental authority that may be occasioned to the adjacent land by the established construction, drainage and maintenance of said road shall be stated. Said certificate shall be signed and acknowledged before a notary public by all parties having any interest in the lands subdivided.

(5) Every plat and short plat containing a dedication filed for record must be accompanied by a title report confirming that the title of the lands as described and shown on said plat is in the name of the owners signing the certificate.

(6) An offer of dedication may include a waiver of right of direct access to any street from any property, and if the dedication is accepted, any such waiver is effective. Such waiver may be required by local authorities as a condition of approval. Roads not dedicated to the public must be clearly marked on the face of the plat. Any dedications, donation or grant as shown on the face of the plat shall be considered to all intents and purposes as a quit claim deed to the said donee or donees, grantee or grantees for his, her or their use for the purpose intended by the donors or grantors as aforesaid. (Ord. 1110 § 2, 2002).

16.25.020 Shown on plat.

All dedications of land shall be clearly and precisely indicated on the face of the plat. (Ord. 1110 § 2, 2002).

16.25.030 Access to lots.

Convenient access to every lot shall be provided by a dedicated road unless served by a private road approved in accordance with these regulations. (Ord. 1110 § 2, 2002).

16.25.040 Exemption – Conveyance to corporation.

(1) If the council concludes that the public interest will be served thereby, the council may, in lieu of requiring the dedication of land in a subdivision for protective improvements, drainage ways, alleys, sidewalks, parks, playgrounds, recreational, community or other general purposes, allow the said land to be conveyed to a homeowner’s association or similar nonprofit corporation.

(2) When park, playground, recreational, community or other general purpose areas are conveyed to a homeowner’s association or similar nonprofit corporation, the following shall be placed on the face of the final plat:

(a) Community area(s) (as identified on the map) shall be designated as community open space to be owned and maintained in common for the benefit of all lot owners.

(b) The ownership interest in the community area(s) (as identified on the map) shall be stated in the deed to each lot.

(3) A statement similar to the following shall be placed on the face of the final plat when park, playground, recreational, community or other general purpose areas have specific restrictive uses attached by the city council:

Community area(s) (as identified on the map) shall be left in a substantially natural state. No clearing, grading, filling or construction shall occur within the tract(s) other than that specifically authorized by the city of Stanwood and the (name of plat) homeowner’s association.

(Ord. 1110 § 2, 2002).

16.25.050 Exemption – Corporate membership and responsibilities – Condition of exemption.

A subdivider who wishes to make a conveyance as permitted by SMC 16.25.040 shall, at or prior to the time of filing a final plat for approval, supply the city with copies of the grantee organization’s articles of incorporation and bylaws, and with evidence of the conveyance of a binding commitment to convey. The articles of incorporation shall be appurtenant to ownership land in the subdivision; that the corporation is empowered to assess said land for costs of construction and maintenance of the improvements and property owned by the corporation; and that such assessments shall be a lien upon the land. The city may impose such other conditions as it deems appropriate to assure that property and improvements owned by the corporation will be adequately constructed and maintained. (Ord. 1110 § 2, 2002).