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
Structure Iowa Code
Chapter 354 - PLATTING — DIVISION AND SUBDIVISION OF LAND
Section 354.1 - Statement of purpose.
Section 354.3 - Covenant of warranty.
Section 354.4 - Divisions requiring a plat of survey or acquisition plat.
Section 354.4A - Entry upon land for survey purposes.
Section 354.5 - Descriptions and conveyance according to plat of survey or acquisition plat.
Section 354.6 - Subdivision plats.
Section 354.7 - Conveyances by reference to official plat.
Section 354.8 - Review and approval by governing bodies.
Section 354.9 - Review of plats within two miles of a city.
Section 354.10 - Appeal of review or disapproval.
Section 354.11 - Attachments to subdivision plats.
Section 354.12 - Bonds to secure liens.
Section 354.13 - Auditor’s plats and plats of survey.
Section 354.14 - Appeal of notice.
Section 354.15 - Review of auditor’s plats.
Section 354.16 - Attachments to auditor’s plats and plats of survey.
Section 354.17 - Costs and collection of costs.
Section 354.18 - Recording of plats.
Section 354.19 - Dedication of land.
Section 354.20 - Action to annul plats.
Section 354.21 - Limitation of actions on official plats.
Section 354.22 - Vacation of official plats.
Section 354.23 - Vacation of streets or other public lands.
Section 354.24 - Errors on recorded plats.
Section 354.25 - Survey and replat of official plats.
Section 354.26 - Corrections or changes to plats.
Section 354.27 - Noting the permanent real estate index number.