Chapter 17.40
DEDICATIONS
17.40.000 Chapter Contents
Sections:
17.40.010 Dedications indicated on plat.
17.40.020 Access to lots.
17.40.030 Dedication for public use.
17.40.040 Easements.
17.40.050 Certificate.
17.40.060 Title report.
17.40.070 Access waiver.
17.40.080 Exemption--Conveyance to corporation.
17.40.090 Exemption--Corporate membership and responsibilities--Conditions.
17.40.010 Dedications indicated on plat
All dedications of land shall be clearly and precisely indicated on the face of the plat, short plat, or large lot plat map.
(Ord. 4529 §10(1), 1984).
17.40.020 Access to lots
Convenient access to every lot shall be provided by a street approved in accordance with the city development standards.
(Ord. 4529 §10(2), 1984).
17.40.030 Dedication for public use
All streets, highways and parcels of land shown on the final plat, short plat, or large lot plat map and intended for any public use shall be offered for dedication for public use, except where the provisions of the city’s development standards provide for private streets.
(Ord. 4529 §10(3), 1984).
17.40.040 Easements
Easements being dedicated shall be so indicated in the certificate of dedication and on the face of the plat.
(Ord. 4529 §10(4), 1984).
17.40.050 Certificate
Every subdivision, short subdivision or large lot subdivision filed for record must contain a certificate giving a full and correct description of the lands divided as they appear on the plat, short plat or large lot plat, including a statement that the division has been made with the free consent and in accordance with the desires of the owner or owners. If the division is subject to a dedication, the certificate or separate written instrument shall also contain the dedication of all streets and other areas to the public, any individual or individuals, religious society or societies or to any corporation, public or private, as shown on the plat and a waiver of all claims for damages against any governmental authority which may be occasioned to the adjacent land by the established construction, drainage and maintenance of the street. The certificate or instrument of dedication shall be signed and acknowledged before a notary public by all parties having any ownership interest in the lands divided and recorded as part of the final plat, short plat or large lot plat.
(Ord. 4529 §10(5), 1984).
17.40.060 Title report
Every division containing a dedication for record must be accompanied by a title report confirming that the title of the lands as described and shown on the plat, short plat or large lot plat is in the name of the owners signing the certificate.
(Ord. 4529 §10(6), 1984).
17.40.070 Access waiver
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 as a condition of approval. Streets 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 donee or donees, grantee or grantees, for their use for the purpose intended by the donors or grantors as aforesaid.
(Ord. 7187 §3, 2019; Ord. 4529 §10(7), 1984).
17.40.080 Exemption –Conveyance to corporation
If the Planning Department, hearing examiner or council concludes that the public interest will be served thereby, they may, in lieu of requiring the dedication of land in a subdivision for protective improvements, drainageways, streets, alleys, sidewalks, parks, playgrounds, recreational, community or other general purposes, allow the land to be conveyed to a homeowner’s association or similar nonprofit corporation.
(Ord. 4529 §10(8), 1984).
17.40.090 Exemption –Corporate membership and responsibilities –Conditions
A subdivider who wishes to make a conveyance to a homeowners’ association or similar nonprofit corporation shall, at or prior to the time of filing a final plat, short plat, or large lot 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 provide that membership in the organization shall be appurtenant to ownership of land in the subdivision; that the corporation is empowered to assess the land for costs owned by the corporation, and that such assessments shall be a lien upon the land. The Planning Department, hearing examiner or council may impose such other conditions as deemed appropriate to assure that property and improvements owned by the corporation will be adequately constructed and maintained.
(Ord. 4529 §10(9), 1984).