(Reprinted with amendments adopted on April 18, 2003)

 

Senate Bill No. 354–Committee on Transportation

 

March 17, 2003

____________

 

Referred to Committee on Government Affairs

 

SUMMARY—Revises certain provisions relating to temporary and final maps for subdivisions of land. (BDR 22‑598)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: No.

 

~

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to property; providing that certain temporary and final maps for a subdivision must show specified easements; requiring that the certificate included with certain final maps grant specified permanent easements designated in the final map; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1  Section 1. NRS 278.372 is hereby amended to read as follows:

1-2  278.372  1.  The final map must be clearly and legibly drawn

1-3  in permanent black ink upon good tracing cloth or produced by the

1-4  use of other materials of a permanent nature generally used for such

1-5  purpose in the engineering profession. Affidavits, certificates and

1-6  acknowledgments must be legibly stamped or printed upon the final

1-7  map with permanent black ink.

1-8  2.  The size of each sheet of the final map must be 24 by 32

1-9  inches. A marginal line must be drawn completely around each

1-10  sheet, leaving an entirely blank margin of 1 inch at the top, bottom,

1-11  and right edges, and of 2 inches at the left edge along the 24-inch

1-12  dimension.

1-13      3.  The scale of the final map must be large enough to show all

1-14  details clearly. The final map must have a sufficient number of

1-15  sheets to accomplish this end.

2-1  4.  Each sheet of the final map must indicate its particular

2-2  number, the total number of sheets in the final map and its relation

2-3  to each adjoining sheet.

2-4  5.  The final map must show all surveyed and mathematical

2-5  information and data necessary to locate all monuments and to

2-6  locate and retrace all interior and exterior boundary lines appearing

2-7  thereon, including the bearings and distances of straight lines,

2-8  central angle, radii and arc length for all curves and such

2-9  information as may be necessary to determine the location of the

2-10  centers of curves.

2-11      6.  Each lot must be numbered or lettered.

2-12      7.  Each street must be named and each block may be numbered

2-13  or lettered.

2-14      8.  The exterior boundary of the land included within the

2-15  subdivision must be indicated by graphic border.

2-16      9.  The final map must show [the] :

2-17      (a) The definite location of the subdivision, particularly its

2-18  relation to surrounding surveys.

2-19      [10.  The final map must show the]

2-20      (b) The area of each lot and the total area of the land in the

2-21  subdivision in the following manner:

2-22      [(a)] (1) In acres, calculated to the nearest one-hundredth of an

2-23  acre, if the area is 2 acres or more; or

2-24      [(b)] (2) In square feet if the area is less than 2 acres.

2-25      [11.] (c) Any roads or easements of access which the owner

2-26  intends to offer for dedication.

2-27      (d) Any easements for public utilities which exist or are

2-28  proposed.

2-29      (e) Any easements for community antenna television within

2-30  the franchise area of a community antenna television company.

2-31      10. The final map must also satisfy any additional survey and

2-32  map requirements, including the delineation of Nevada state plane

2-33  coordinates established pursuant to chapter 327 of NRS, for any

2-34  corner of the subdivision or any other point prescribed by the local

2-35  ordinance.

2-36      Sec. 2.  NRS 278.374 is hereby amended to read as follows:

2-37      278.374  1.  Except as otherwise provided in subsection 2, a

2-38  final map presented for filing must include a certificate signed and

2-39  acknowledged, in the manner provided in NRS 240.1665 or

2-40  240.167, by each person who is an owner of the land:

2-41      (a) Consenting to the preparation and recordation of the final

2-42  map.

2-43      (b) Offering for dedication that part of the land which the person

2-44  wishes to dedicate for public use, subject to any reservation

2-45  contained therein.

3-1  (c) Reserving any parcel from dedication.

3-2  (d) Granting any permanent easement for utility or community

3-3  antenna television cable installation or access, as designated on the

3-4  final map, together with a statement approving such easement,

3-5  signed by the public utility , community antenna television

3-6  company or person in whose favor the easement is created or whose

3-7  services are required.

3-8  2.  If the map presented for filing is an amended map of a

3-9  common-interest community, the certificate need only be signed and

3-10  acknowledged by a person authorized to record the map under

3-11  chapter 116 of NRS.

3-12      3.  A final map of a common-interest community presented for

3-13  recording and, if required by local ordinance, a final map of any

3-14  other subdivision presented for recording must include:

3-15      (a) A report from a title company in which the title company

3-16  certifies that it has issued a guarantee for the benefit of the local

3-17  government which lists the names of:

3-18          (1) Each owner of record of the land to be divided; and

3-19          (2) Each holder of record of a security interest in the land to

3-20  be divided, if the security interest was created by a mortgage or a

3-21  deed of trust.

3-22  The guarantee accompanying a final map of a common-interest

3-23  community must also show that there are no liens of record against

3-24  the common-interest community or any part thereof for delinquent

3-25  state, county, municipal, federal or local taxes or assessments

3-26  collected as taxes or special assessments.

3-27      (b) The written consent of each holder of record of a security

3-28  interest listed pursuant to subparagraph (2) of paragraph (a), to the

3-29  preparation and recordation of the final map. A holder of record

3-30  may consent by signing:

3-31          (1) The final map; or

3-32          (2) A separate document that is filed with the final map and

3-33  declares his consent to the division of land.

3-34      4.  For the purpose of this section the following shall be deemed

3-35  not to be an interest in land:

3-36      (a) A lien for taxes or special assessments.

3-37      (b) A trust interest under a bond indenture.

3-38      5.  As used in this section, “guarantee” means a guarantee of the

3-39  type filed with the Commissioner of Insurance pursuant to

3-40  paragraph (e) of subsection 1 of NRS 692A.120.

3-41      Sec. 3.  NRS 278.4713 is hereby amended to read as follows:

3-42      278.4713  1.  Unless the filing of a tentative map is waived, a

3-43  person who proposes to make a division of land pursuant to NRS

3-44  278.471 to 278.4725, inclusive, must first:

4-1  (a) File a tentative map for the area in which the land is located

4-2  with the planning commission or its designated representative or

4-3  with the clerk of the governing body if there is no planning

4-4  commission; and

4-5  (b) Pay a filing fee of no more than $750 set by the governing

4-6  body.

4-7  2.  This map must be:

4-8  (a) Entitled “Tentative Map of Division into Large Parcels”; and

4-9  (b) Prepared and certified by a professional land surveyor.

4-10      3.  This map must show:

4-11      (a) The approximate, calculated or actual acreage of each lot and

4-12  the total acreage of the land to be divided.

4-13      (b) Any roads or easements of access which exist, are proposed

4-14  in the applicable master plan or are proposed by the person who

4-15  intends to divide the land.

4-16      (c) Any easements for public utilities which exist or which are

4-17  proposed.

4-18      (d) Any easements for community antenna television within

4-19  the franchise area of a community antenna television company.

4-20      (e) Any existing easements for irrigation or drainage, and any

4-21  normally continuously flowing watercourses.

4-22      [(e)] (f) An indication of any existing road or easement which

4-23  the owner does not intend to dedicate.

4-24      [(f)] (g) The name and address of the owner of the land.

4-25      Sec. 4.  NRS 278.472 is hereby amended to read as follows:

4-26      278.472  1.  After the planning commission or the governing

4-27  body or its authorized representative has approved the tentative map

4-28  or waived the requirement of its filing, or 60 days after the date of

4-29  its filing, whichever is earlier, the person who proposes to divide the

4-30  land may file a final map of the division with the governing body or

4-31  its authorized representative or, if authorized by the governing body,

4-32  with the planning commission. The map must be accompanied by a

4-33  written statement signed by the treasurer of the county in which the

4-34  land to be divided is located indicating that all property taxes on the

4-35  land for the fiscal year have been paid.

4-36      2.  This map must be:

4-37      (a) Entitled “Map of Division into Large Parcels.”

4-38      (b) Filed with the governing body or its authorized

4-39  representative or, if authorized by the governing body, with the

4-40  planning commission not later than 1 year after the date that the

4-41  tentative map was first filed with the planning commission or

4-42  the governing body or its authorized representative or that the

4-43  requirement of its filing was waived.

4-44      (c) Prepared by a professional land surveyor.

5-1  (d) Based upon an actual survey by the preparer and show the

5-2  date of the survey and contain the certificate of the surveyor

5-3  required pursuant to NRS 278.375.

5-4  (e) Clearly and legibly drawn in permanent black ink upon good

5-5  tracing cloth or produced by the use of other materials of a

5-6  permanent nature generally used for this purpose in the engineering

5-7  profession. Affidavits, certificates and acknowledgments must be

5-8  legibly stamped or printed upon the map with permanent black ink.

5-9  (f) Twenty-four by 32 inches in size with a marginal line drawn

5-10  completely around each sheet, leaving an entirely blank margin of 1

5-11  inch at the top, bottom, and right edges, and of 2 inches at the left

5-12  edge along the 24-inch dimension.

5-13      (g) Of scale large enough to show clearly all details.

5-14      3.  The particular number of the sheet and the total number of

5-15  sheets comprising the map must be stated on each of the sheets, and

5-16  its relation to each adjoining sheet must be clearly shown.

5-17      4.  This map must show and define:

5-18      (a) All subdivision lots by the number and actual acreage of

5-19  each lot.

5-20      (b) Any roads or easements of access which exist and which the

5-21  owner intends to offer for dedication, any roads or easements of

5-22  access which are shown on the applicable master plan and any roads

5-23  or easements of access which are specially required by the planning

5-24  commission or the governing body or its authorized representative.

5-25      (c) Any easements for public utilities which exist or are

5-26  proposed.

5-27      (d) Any easements for community antenna television within

5-28  the franchise area of a community antenna television company.

5-29      (e) Any existing easements for irrigation or drainage, and any

5-30  normally continuously flowing watercourses.

 

5-31  H