§ 20.60.190. Certificates, statements, and signatures required.

A final plat submitted for review and approval shall bear the following certificates with signatures of appropriate parties signed with permanent black ink:

A.

Certificate of ownership, dedication, and acknowledgement.

1.

All parties having an interest of record in land being subdivided shall sign a certificate of ownership and dedication printed on the plat, affixed thereto, or by separate affidavit. If such title interest is vested in other than named individuals, including but not limited to corporations, partnerships, limited liability companies, trusts or homeowner's associations, the certificate shall be signed and acknowledged by an individual(s) under written authority granted by its board of directors or shown by official documentation appropriate to the entity. Documentation of such authority shall be submitted with the final plat.

2.

A certificate to plat, current to not more than three business days prior to submittal of the final plat, issued by a title company authorized to issue title policies in the State of Alaska, shall be submitted with the final plat and shall be considered as prima facie evidence of all parties having an interest in the land being subdivided. A certificate to plat shall be valid for thirty days from date of issuance or update.

3.

The certificate of ownership for a replat of multiple parcels owned by separate parties shall show to which original parcel the signatory attests.

4.

Multiple or otherwise notarized affidavits or certificates of ownership and dedication may be substituted on separate 8½ × 11 inch sheets, each containing the title of the plat, surveyor's name and seal, and the date. The separate certificates shall be recorded simultaneously with the plat, each bearing appropriate references. A minimum of one signed certificate must be on the face of the plat.

5.

The certificate of ownership and dedication shall be substantially as follows:

Certificate of Ownership and Dedication

(I) (We) hereby certify that (I am) (we are) the owner(s) of the real property shown and described hereon and that (I) (we) hereby adopt this plan of subdivision and by (my) (our) free consent dedicate all rights-of-way and public areas to public use and grant all easements to the use shown, (if a special use easement being accepted by city, include description and city name).

_____ Owner's name and address

 

Certificates or affidavits of those parties having legal and equitable interest in the property shall contain appropriate modifications to the owner's certificate.

6.

All parties affixing their signature to a certificate of ownership and dedication shall sign before an officer duly authorized to take acknowledgements who shall notarize the signature in essentially the following form:

Notary's Acknowledgement

For: _____
Acknowledged before me this _____ day of _______, 20___.
_____ Notary Public for Alaska My commission expires: _____	(Notary seal affixed)

 

7.

A certificate of acceptance for any dedicated right-of-way, easement, or other public area in substantially the following form shall be executed by a government official authorized to bind the governmental entity accepting the dedication. Nothing in this paragraph impairs the authorized official from refusing a dedication for reasonable public cause, consistent with applicable law or ordinance.

Certificate of Acceptance

The undersigned official identified by name and title is authorized to accept and hereby accepts on behalf of _______ for public uses and for public purposes the real property to be dedicated by this plat including easements, rights-of-way, alleys, and other public areas shown on this plat identified as follows:
_____
_____
The acceptance of lands for public use or public purpose does not obligate the public or any governing body to construct, operate, or maintain improvements.

By:  _____  Date:____________

(Name and title of authorized official)

City of (insert name)

8.

Where a party's sole interest in the property is as beneficiary of a deed of trust, and the deed of trust contains no prohibition against subdivision or replat of the property, the owner of record may provide, in lieu of the beneficiary's signature, a notarized statement on the plat, signed by the owner of record, which sets out a description of the deed of trust and states that subdivision and/or replat are not prohibited thereby.

B.

Surveyor's Certificate. By affixing the surveyor's signature and seal on the plat the surveyor certifies that he/she is properly registered and licensed to practice land surveying in the State of Alaska, that the plat represents a survey made by the surveyor or under the surveyor's direct supervision, and that the monuments shown thereon exist as described, and that all dimensions and other details are correct to the best of the surveyor's knowledge and belief. A written certificate is optional.

C.

Statement of Plat Approval. The signature of an authorized official of the borough signifies that all applicable provisions of KPB Title 20 have been met and that the planning commission has granted approval of the plat. The following form shall be shown on the final plat to be executed by an authorized official after all conditions have been met:

Plat Approval

This plat was approved by the Kenai Peninsula Borough Planning Commission at the meeting of _______.

Kenai Peninsula Borough

By:___________
Authorized Official

D.

Engineer's Wastewater Disposal Certificate. In addition to any plat notes required by KPB Chapter 20.40, an engineer's dated signature on the face of the plat is required unless excepted under KPB 20.40.020. By such dated signature, the qualified engineer is certifying that he/she is properly registered and licensed to practice engineering in the State of Alaska and the wastewater disposal data complies with all relevant sections of KPB Chapter 20.40.

( Ord. No. 2014-02, § 1, 2-11-14 )