5 ADMINISTRATIVE RULES

SOAHR #2006-056

DEPARTMENT OF LABOR & ECONOMIC GROWTH BUREAU OF CONSTRUCTION CODES

OFFICE OF LAND SURVEY AND REMONUMENTATION

Filed with the Secretary of State on May 16, 2008

These rules take effect 30 days after filing with the Secretary of State SUBDIVISIONS OF LAND

(By authority conferred on the departments of labor and economic growth, transportation, and environmental quality by section 105 of 1967 PA 288, MCL 560.105, and Executive Reorganization Order Nos. 1973-2, 1980-1, 1996-2 and 2003-1 being MCL 299.11, 16.732, 445.2001 and 445.2011.

Each part of these rules is promulgated separately by the department whose name appears in the designation of that part.)

R 560.101, R 560.103, R 560.104, R 560.105, R 560.106, R 560.107, R 560.111, R 560.112, R 560.113,

R 560.114, R 560.121, R 560.126, R 560.127, R 560.128, R 560.129, R 560.130, R 560.131, R 560.132,

R 560.133, R 560.134, and R 560.135 of the Michigan Administrative Code are amended and R 560.108, R 560.109, R 560.110, R 560.115, R 560.116, R 560.117, R 560.118, R 560.119, R 560.120,

and R 560.122 are added as follows:

PART 1. DEPARTMENT OF LABOR AND ECONOMIC GROWTH

R 560.101 Definitions.

Rule 101. As used in these rules “act” means 1967 PA 288, MCL 560.101 to 560.293 and known as the land division act.

R 560.103 Subdivision restrictions.

Rule 103. The original subdivision restrictions, in recordable form and containing the original signatures of all proprietors of the final plat, required to be recorded for plat approval, shall accompany the final plat along with the necessary recording fees. No other restrictions need accompany the plat.

R 560.104 Plat material and copies.

Rule 104. (1) The purpose of this rule is to establish the specifications for approved material for plats as provided by the act.

(2) The surveyor shall prepare the final plat, on archival quality untreated polyester film 3 to 5 mil in- thickness by 1 of the following methods:

(a) Photographic fixed-line.

(b) Digital copy press.

(b) of this subrule may be substituted when the manufacturer’s specifications of that product accompany the final plat to the county plat board and the department of labor and economic growth.

A reproduction process that utilizes fuser oil technology shall not be used.

(3) The department of labor and economic growth shall arrange for a qualified reproduction source to make the necessary reproductions on archival quality polyester film or equivalent product at the best available price and service.

(4) All signatures and all revisions shall be executed in durable, pigment based, black ink. The final plat shall be signed using a pen that produces a line having a width not more than 1 Millimeter, 0.04 inch or line produced by rapidograph pen size no. 3.

R 560.105 Proprietor’s certificate; individual.

Rule 105. (1) The purpose of this rule is to prescribe the form and content of the certificate as required by the act.

(2) The surveyor shall affix on the plat and a proprietor, which is an individual, shall use the certificate which follows and it shall contain the following:

(a) Name and legal address of the individual or individuals.

(b) Reference to the plat streets, roads, alleys, walks, parks, and other grounds.

(c) Statement that the areas in subdivision (b) of this subrule are dedicated to public use or only to the use of lot owners, including lot owners in future contiguous subdivisions, if so intended.

(d) A lot access restriction statement imposed by the agency with jurisdiction for the road or roads to which access is restricted, if applicable.

(e) Statement that the plat includes all land to the water’s edge when lots abut a lake, river, or stream. If this is not the intent of the proprietor, the limits of the lots with respect to the water shall be indicated with an appropriate statement.

(f) Signature of each proprietor and spouse, exactly as their names appear in subdivision (a) of this subrule and the legal address of each proprietor as required by 1937 PA 103, MCL 565.201 to 565.203.

PROPRIETOR’S CERTIFICATE

I (we) as proprietor(s) certify that I (we) caused the land described in this plat to be surveyed, divided, mapped, and dedicated as represented on this plat and that the (b) are for the use of

(c) ; that the public utility easements are private easements and that all other easements are for the uses shown on the plat; and (d) and (e) .

(a) and (f) Printed name & address

Note: (a) to (f) refer to identically lettered paragraphs of the rule

R 560.106 Proprietor’s certificate; corporation.

Rule 106. (1) The purpose of this rule is to prescribe the form and content of the certificate required by the act when the proprietor of a proposed subdivision is a corporation.

(2) The surveyor shall affix on the plat and a proprietor which is a corporation shall use the certificate which follows and it shall contain following:

(a) Name and legal address of the corporation.

(b) Name and title of the officer authorized to sign the certificate.

(d) Statement that the areas in subdivision (c) of this subrule are dedicated to public use or only to the use of lot owners, including lot owners in future contiguous subdivisions, if so intended.

(e) A lot access restriction statement imposed by the agency with jurisdiction for the road or roads to which access is restricted, if applicable.

(f) Statement that the plat includes all land to the water’s edge, when lots abut a lake, river, or stream. If this is not the intent of the proprietor, the limits of the lots with respect to the water shall be indicated with an appropriate statement.

(g) Signature of each officer exactly as their name appears in subdivision (b) of the this subrule as required by 1937 PA 103, MCL 565.201 to 565.203.

(h) State, territory, or country where corporation is filed. PROPRIETOR’S CERTIFICATE

(a) , a corporation duly organized and existing under the laws of the (h) by, (b) as proprietor, has caused the land described in this plat to be surveyed, divided, mapped, and dedicated as represented on this plat and that the (c) are for the use of (d) ; that the public utility easements are private easements and that all other easements are for the uses shown on the plat; and (e) and (f) .

(a)

(Print corporate name and address here) State file number and file date (Michigan file number for foreign corporation)

(g) (printed name and title)

Note: (a) to (h) refer to identically lettered paragraphs of the rule.

R 560.107 Acknowledgment of proprietor’s certificate for individuals and organized entities.

Rule 107. (1) The purpose of this rule is to prescribe the form and content of the acknowledgment to be used when a proprietor’s certificate is signed.

(2) The surveyor shall affix on the plat and a proprietor shall have a notary public complete the acknowledgment which follows and it shall contain the following:

(a) Name of the county in which the acknowledgment is taken.

(b) Date on which the acknowledgment is taken.

(d) Notary’s signature and commission expiration date and name of county in which commissioned.

(e) Name of the state, territory, or country in which the acknowledgment is taken.

(f) Marital status of males.

ACKNOWLEDGEMENTS INDIVIDUAL

State, territory or country of (e) County of (a)

The foregoing instrument was acknowledged before me this (b) by (c) and (f) .

(d) (Printed name)

(title or rank)

(serial number, if any)

Acting in (a) County if acknowledgement is taken outside of county where commissioned.

CORPORATION or LIMITED LIABILITY COMPANY

State, territory, or country of (e) County of (a)

The foregoing instrument was acknowledged before me this (b) by (c) , (title, officer, or agent) of (name of corporation or limited liability company acknowledging) a (state or place of incorporation) corporation, on behalf of the (corporation or limited liability company).

(d) (printed name)

(title or rank)

(serial number, if any)

Acting in (a) County if acknowledgement is taken outside of county where commissioned.

COPARTNERSHIP or LIMITED LIABILITY PARTNERSHIP

State, territory or country of (e) County of (a)

The foregoing instrument was acknowledged before me this (b) by (c) , copartner (or agent) on behalf of (name of partnership), a copartnership or limited liability partnership.

(d) (printed name)

(title or rank)

(serial number, if any)

Acting in (a) County if acknowledgement is taken outside of county where commissioned.

POWER OF ATTORNEY

State, territory, or country of (e) County of (a)

The foregoing instrument was acknowledged before me this (b) by (name of attorney-in-fact), as attorney in fact on behalf of (name of proprietor).

(d) (printed name)

(title or rank)

(serial number, if any)

Acting in (a) County if acknowledgement is taken outside of county where commissioned.

TRUST

State, territory, or country of (e) County of (a)

The foregoing instrument was acknowledged before me this (b) by (name), trustee of (name of trust).

(d) (printed name)

(title or rank)

(serial number, if any)

Acting in (a) County if acknowledgement is taken outside of county where commissioned. LIMITED PARTNERSHIP

State, territory, or country of (e) County of (a)

The foregoing instrument was acknowledged before me this (b) by (c) , general partner of (name of limited partnership acknowledging) a (state or place of filing) limited partnership, on behalf of the limited partnership.

(d) (printed name)

(title or rank)

(serial number, if any)

Acting in (a) County if acknowledgement is taken outside of county where commissioned.

URBAN RENEWAL PLAT

State, territory, or country of (e) County of (a)

The foregoing instrument was acknowledged before me this (b) by (c) , (director of urban renewal or administrative officer of the municipality) of (name of municipal corporation acknowledging), on behalf of the municipal corporation.

(d) (printed name)

Acting in (a) County if acknowledgement is taken outside of county where commissioned. Note: (a) to (f) refer to identically lettered paragraphs of the rule.

R 560.108 Proprietor’s certificate; limited liability company.

Rule 108. (1) The purpose of this rule is to prescribe the form and content of the certificate required by the act when the proprietor of a proposed subdivision is a limited liability company.

(2) The surveyor shall affix on the plat and a proprietor, which is a limited liability company, shall use the certificate which follows and it shall contain all of the following:

(a) Name and legal address of the limited liability company.

(b) Name and title of each member, manager, or officer authorized to sign the certificate.

(d) Statement that the areas in subdivision (c) of this subrule are dedicated to public use or only to the use of lot owners, including lot owners in future contiguous subdivisions, if so intended.

(e) A lot access restriction statement imposed by the agency with jurisdiction for the road or roads to which access is restricted, if applicable.

(f) Statement that the plat includes all land to the water’s edge, when lots abut a lake, river or stream. If this is not the intent of the proprietor, the limits of the lots with respect to the water shall be indicated with an appropriate statement.

(g) Signature of each member, manager, or officer exactly as their names appear in subdivision (b) of this subrule as required by 1937 PA 103, MCL 565.201 to 565.203.

(h) State, territory or country where limited liability company is filed. Proprietor’s certificate

(a) , a limited liability company duly organized and existing under the laws of the (h) by, (b) as proprietor, has caused the land described in this plat to be surveyed, divided, mapped, and dedicated as represented on this plat and that the (c) are for the use of (d) ; that the public utility easements are private easements and that all other easements are for the uses shown on the plat; (e) and (f).

(a)

(Print limited liability company name and address here)

State file number and file date (Michigan file number for foreign LLCs)

(g) (Printed name and title)

Note: (a) to (h) refer to identically lettered paragraphs of the rule. R 560.109 Proprietor’s certificate; limited partnership.

Rule 109. (1) The purpose of this rule is to prescribe the form and content of the certificate required by the act when the proprietor of a proposed subdivision is a limited partnership.

(2) The surveyor shall affix on the plat and a proprietor, which is a limited partnership, shall use the certificate which follows and it shall contain the following:

(a) Name and legal address of the limited partnership.

(b) Name and title of each general partner authorized to sign the certificate.

(d) Statement that the areas in subdivision (c) of this subrule are dedicated to public use or only to the use of lot owners, including lot owners in future contiguous subdivisions, if so intended.

(e) A lot access restriction statement imposed by the agency with jurisdiction for the road or roads to which access is restricted, if applicable.

(g) Signatures of each general partner exactly as their names appear in subdivision (b) of this subrule as required by 1937 PA 103, MCL 565.201 to 565.203.

(h) State, territory, or country where limited partnership is filed.

Proprietor’s certificate

(a) duly organized and existing under the laws of the (h)

by, (b) general partner as proprietor has caused the land described in this plat to be surveyed, divided, mapped, and dedicated as represented on this plat and that the (c) are for the use of (d) ; that the public

utility easements are private easements and that all other easements are for the uses shown on the plat;

(e) and (f).

(a)

(Print limited partnership name and address)

State file number and file date

(Michigan file number for foreign partnerships)

(g) (Printed name, general partner)

Note: (a) to (h) refer to identically lettered paragraphs of the rule. R 560.110 Proprietor’s certificate; copartnership.

Rule 110. (1) The purpose of this rule is to prescribe the form and content of the certificate as required by the act when the proprietor of a proposed subdivision is a copartnership.

(2) The surveyor shall affix on the plat and a proprietor, which is a copartnership, shall use the certificate which follows and it shall contain the following:

(a) Name and legal address of the copartnership.

(b) Name of the copartner who is authorized to sign the certificate.

(d) Statement that the areas in subdivision (c) of this subrule are dedicated to public use or only to the use of lot owners, including lot owners in future contiguous subdivisions, if so intended.

(e) A lot access restriction statement imposed by the agency with jurisdiction for the road or roads to which access is restricted, if applicable.

(f) Statement that the plat includes all land to the water’s edge when lots abut a lake, river, or stream. If this is not the intent of the proprietor, the limits of the lots with respect to the water shall be indicated with an appropriate statement.

(g) Signature of each copartner, exactly as their names appear in subdivision (a) of this subrule as required by 1937 PA 103, MCL 565.201 to 565.203.

(h) County clerk certificate number and name of county where the copartnership has been filed. Proprietor’s certificate

We as proprietors certify that we caused the land described in this plat to be surveyed, divided, mapped, and dedicated as represented on this plat and that the (c) are for the use of (d) ; that the public utility easements are private easements and that all other easements are for the uses shown on the plat; (e) and (f).

(a) (Print copartnership name and address) (h)

(g)

(b) (Printed name) - co-partner

(g)

(b) (Printed name) - co-partner Note: (a) to (h) refer to identically lettered paragraphs of the rule.

R 560.111 Contents of plat legends.

Rule 111. (1) The purpose of this rule is to prescribe the contents of the legend.

(2) The surveyor shall place a legend on each drawing sheet of the plat which shall contain the following:

(a) A statement that the dimensions are in feet.

(b) A statement that the curvilinear measurements are arc or chord distances, as the case may be.

(c) A statement concerning the bearings, in accordance with the act. The bearings shall be referenced to 1 of the following:

(i) Michigan department of transportation right-of-way map sheet number and county name.

(ii) County road commission plans – provide project number and plan number in legend.

(iii) A recorded subdivision.

(iv) A recorded condominium. If a recorded condominium is used as a bearing reference or the plat abuts a recorded condominium, a copy of the recorded survey plan for the condominium shall be submitted with the final plat.

(v) MCS 83 coordinates, when state plane coordinates are shown on a final plat, the coordinates shall be reported at each government corner shown. A second control station and the combined scale factor (combined factor that is used to compute ground distance to grid distance or vice versa) shall be reported, in addition to the reporting requirements of 1964 PA 9, MCL 54.231 to 54.239.

(vi) Celestial observation.

(d) The symbol “○” for set concrete monuments.

(e) A description of all concrete monuments and all lot markers.

(f) R=radial. Lines not marked are non-radial.

(g) Found concrete monuments are indicated by “●”. Describe the visible portion of the monument, if more than 1 type, describe on the drawing.

R560.112 Minimum drafting standards.

Rule 112. (1) The purpose of this rule is to establish minimum standards for preparation of plats to ensure their quality and legibility.

(2) When preparing a plat, the surveyor shall do all of the following:

(a) Use an engineer’s scale to prepare the plat drawing sheets. The scale shall be stated and represented by a bar scale on each drawing sheet, and shall not be more than 100 feet to 1 inch.

(b) Use lettering not less than .10 inch high.

(c) Make the top and bottom 24 inches in length with the binding margin at the left. The binding margin shall be 1.5 inches with all other margins being 0.5 inches as prescribed in the act.

(d) Place the general direction “north” toward the top or left-hand side.

(e) Provide a space 3 inches by 5 inches on the last sheet for the approval to be affixed by the department of labor and economic growth.

(f) Number each sheet sequentially, beginning with number 1. Each sheet shall be identified as “sheet

of ”. When only 1 sheet is necessary, it shall be identified as sheet 1 of 1. When the plat drawing requires the use of multiple sheets, the surveyor shall use match lines and do the following:

(i) Prepare all sheets with north oriented the same.

(ii) Avoid splitting along road rights-of-way. Split along rear or side lot lines where practical.

(iii) Bearings and distances shall not be shown beyond the match line.

(iv) Include an index key.

(v) A match line note, adjacent to and generally aligned with the match line, shall identify adjoining sheets.

(g) Place a statement of any restriction on access to a lot or lots imposed by the agency with jurisdiction for the road or roads to which access is restricted, if applicable, adjacent to the lots restricted.

(h) Place a vicinity map or location sketch showing the location of the proposed subdivision in relation to the surrounding area on each drawing sheet and shall be oriented the same as the drawing. The vicinity map or location sketch shall also show the section, private claim, or name of tract in which the plat lies.

(i) Show the caption at the top of each sheet of the plat. The caption shall contain the information prescribed in the act. The words “addition”, “extension”, or “replat” shall not be used in the plat name or caption, except on an amended plat when included in its proper name.

(j) Indicate the overall bearings and distances of the plat boundary lines, showing them outside the boundary line. The point of beginning shall be labeled and its position relative to the nearest government corners clearly identified. A traverse closure sheet of the plat boundary shall accompany the final plat. A traverse closure sheet shall be a forward computation using the bearings and distances of the plat boundary and shall include acreage to the 1/10th of an acre and the relative error of closure.

(k) Place the recording information for the government corners on the plat, copies of the land corner recordation certificate filed pursuant to 1970 PA 74 MCL 54.201 to 54.210d, may be requested by a reviewing agency.

(l) Express all boundary and lot distances to 2 decimals with all bearings expressed in degrees, minutes, and seconds.

(m) Report distances to physical features such as edge of water or flood plain line to 1 decimal or to the nearest foot.

(n) Draw the boundary of the plat using a heavier line weight than used to show the lot lines.

(o) Show the boundary as a continuous line.

(p) Not divide a lot by a street, road, alley, walk, other grounds, or another lot. If a lot is divided by a corporate line, the location of the corporate line shall be indicated by dimensions in each municipality.

(q) If a plat abuts or is divided by a corporate line, locate the corporate line by dimensions on the plat boundary and each lot line it intersects. The name of each municipality shall be labeled along the corporate line on its respective side.

(r) Describe each excepted parcel by bearings and distances and shall label each “not included in this plat.”

(s) Not include in 1 plat parcels not having a common border.

(t) If the lots are not served by both public sewer and public water, designate the “front” of the lot under either of the following conditions:

(i) Lots have frontage on 2 roads.

(ii) Lots have frontage on a road and water.

(u) Identify each road, street, alley, walk, park, and other ground and the name of each road, street, park, and other ground in the plat in prominent letters. Each road, street, alley, walk, park, and other ground not dedicated to the public shall be clearly labeled “private.”

(v) Affix a note on each drawing sheet that references a covenant or restriction which is required to be recorded for plat approval. The note shall provide space for the recording reference, department of environmental quality, health department, an agency having jurisdiction of the roads.

(w) Affix surveyor’s seal and original signature, in durable pigment based black ink to each sheet.

(x) Show bearings and distances for each lot line. The arc distance or chord distance shall be shown on curvilinear lot lines. Bearings may be shown once along a continuous line. The sum of the individual lot distances shall agree with the total length of the continuous line.

(y) Show curve data defining any curvilinear line on the plat on the sheet where the curve appears. A curve which is part of the plat boundary shall show the curve data adjacent to it. Data for all curves in the interior of the plat may be shown in a curve data box. Each curve in a curve data box shall be numbered and a corresponding number placed on the plat. Minimum curve data shall include the chord bearing and length, the radius, the central angle, and the arc length. The curvilinear measurements of curve segments may be either arc or chord distances.

(z) Where additional clarity is necessary, use a separate detail drawing at an appropriate scale. Detail drawings shall be properly referenced to the drawing on the plat.

(aa) Show all information identifying status of adjacent lands shown by dashed or dotted letters, number, and lines as follows:

(i) Identify adjoining subdivisions by name and recording information. Individual lot lines, lot numbers, together with street names, and widths shall be shown for each adjoining lot and street.

(ii) Identify adjoining condominiums by name, county condominium subdivision plan number, and recording information.

(iii) Identify all roads, streets, alleys, walks, or state trunk lines that adjoin the plat by name and total width.

(iv) Identify by name, railroads that adjoin the plat.

(v) Label as unplatted land adjoining the plat that is not in a subdivision or condominium.

(vi) Label all streets, roads, alleys, parks, or other grounds not dedicated to public use as “private.” (bb) Intermittent watercourse or drainage ditch, or a portion thereof, within a plat intended to serve as a drainage facility or a part of a drainage facility shall be shown on the plat and an easement provided for drainage purposes.

(cc) Water’s edge.

(i) When a plat is bounded by a lake, river, stream, or drain with continuous flow, the bearings and distances of a closing intermediate traverse, extending across the plat so that it intersects the sidelines of the shore lots; the dimensions of the sidelines of the shore lots from the street line to the traverse line, and the distance from the traverse line to the water’s edge as found at the time of the survey; distances along the traverse line between its intersections with the sidelines of the lots; the location of monuments at all angle points of the intermediate traverse; surface elevation of the lake on the date of the survey; and any floodplain information required by the act or by rule adopted by the Michigan department of environmental quality. All lots extending to the water’s edge shall be noted accordingly on the plat. The proprietor’s and surveyor’s certificates shall include a statement, as appropriate, as follows:

“that the plat includes all land to water’s edge”; or

“lots to inclusive include all lands to water’s edge”; or

“lot areas embracing any waters of the (name of the lake, river, stream, or drain) are subject to the correlative right of the other riparian owners and the public trust in these waters”; or

“lots to extend to the thread of the stream subject to the correlative rights of the other riparian owners and the public trust in these waters.”

(ii) If the proprietor intends to retain possession of the area between the intermediate traverse and the water’s edge, a statement to that effect shall be noted on the plat.

(dd) In addition to the following abbreviations, up to 4 abbreviations may be used if completely spelled out in the legend. All other words shall be spelled out on the final plat.

Avenue	Ave	Private	Pvt.
Boulevard	Blvd	Radial	R
Court	Ct	Radius	R
Easement	Esmt.	Railroad	RR
East	E	Range	R
Government	Gov’t	Recorded	Rec.
Highway	Hwy	Reference Monument	Ref. Mon.
International Great		Right of Way	R/W or ROW
Lakes Datum	IGLD	Road	Rd
Liber	L	Sanitary	San.
Land Corner Recordation		Section	Sec
Certificate	LCRC South		S
Maintenance	Maint.	Southeast	SE
Monument	Mon.	Southwest	SW
National Geodetic		Street	St
Vertical Datum	NGVD	Subdivision	Sub
North	N	Surface Drainage	Surf. Drn.
Northeast	NE	Thence	th.
Northwest	NW	Town	T
Number	No.	Township	Twp
Page	P	Utility or Utilities	Util.
Point of Beginning	POB	West	W

(ee) All easements including public utility easements shall be shown as follows:

(i) Easements shall be labeled private, in accordance with the act.

(ii) Easement labels shall include the purpose of the easement.

(iii) Labels of recorded easements shall include the liber and page of the document creating the easement and a copy thereof shall accompany the final plat.

(iv) The sidelines of easements shall be shown using a dashed or dotted line type.

(v) Easements shall be located by dimension as follows:

(A) The width of an easement shall be shown.

(B) Where the sideline of the easement is used for location, it shall be dimensioned to the nearest lot corners along the intersected lot lines and to each angle point in the sideline of the easement. If the easement centerline is used to locate the easement, the centerline shall be clearly located by dimension and labeled.

(C) If a detail is necessary, in addition to the plat drawing, to clearly locate the easement by dimension, the detail shall be properly referenced to the drawing and the drawing shall reference the detail sheet.

(vi) If public utilities are to be installed in the road right-of-way, a written acknowledgement shall be obtained at the time of the filing of the plat from each public utility whose lines are installed or to be installed and shall accompany the final plat.

R 560.113 Approved markers for lot corners and public and private grounds.

Rule 113. (1) The purpose of this rule is to specify approved markers for lot corners and public and private grounds of materials additional to those specified in the act.

(2) In addition to the lot markers and monuments described in the act the surveyor may use an iron or steel stake of any shape but not less than 18 inches in length and weighing not less than 0.6 pound per foot for lot markers.

(3) Public and private grounds dedicated in the plat shall be marked by concrete monuments.

R560.114 Surveyor’s certificate.

Rule 114. (1) The purpose of this rule is to prescribe the form and content of the certificate on the plat, as required by the act.

(2) The surveyor shall affix on the plat and shall use the certificate which follows and it shall contain the following:

(a) Name of surveyor who either personally performed or had direct charge of the survey and making of the plat.

(b) Description of the land as follows:

(i) Name of plat.

(ii) Quarter section, government lot number, or name of tract.

(iii) Section number when applicable.

(iv) Private claim number when applicable.

(v) Township and range when applicable.

(vi) Name of municipality. The caption shall also include the name of municipality, in parenthesis, having jurisdiction for plat approval when the land is under a conditional transfer agreement. The transfer agreement filed with the secretary of state’s office of the great seal shall accompany the final plat, when applicable.

(vii) Name of county.

(viii) State of Michigan.

(ix) Any part of an original plat being replatted, if applicable.

(x) Description of the exterior boundaries of the subdivision as required by the act. If a segment of the plat boundary has a curvilinear line, the direction of the curve shall be stated in addition to the required curve data.

(xi) Name and the liber and page or document number of abutting plats and condominiums.

(xii) Statement that plat includes all lands between intermediate traverse line and water’s edge when applicable.

(xiii) Number of lots, outlots, parks and other grounds.

(xiv) Acreage shown to 1/10th of an acre.

(d) Surveyor’s hand written signature as printed in subdivision (a) of this subrule. If the surveyor is also a partner or principal officer of a firm, the office held shall be indicated below the signature.

(e) Michigan license number and complete business mailing address.

(f) Surveyor’s seal facsimile in durable, pigment based black ink shall be used.

(3) If a firm of surveyors, name and legal address of the firm, a partner or principal officer shall also hand-sign the certificate above its printed name and license number, unless the surveyor signing in subdivision (2)(d) of this subrule is a partner or principal officer.

SURVEYOR’S CERTIFICATE

I, (a) , surveyor, certify:

That I have surveyed divided and mapped the land shown on this plat, described as follows:

(b) .

That I have made such survey, land-division and plat by the direction of the owners of such land.

That such plat is a correct representation of all the exterior boundaries of the land surveyed and the subdivision of it.

That the required monuments and lot markers have been located in the ground or that surety has been deposited with the municipality, as required by the act.

That the accuracy of survey is within the limits required by the act.

That the bearings shown on the plat are expressed as required by the act and as explained in the legend.

(Print principal’s name, title and

license number)

(f) Surveyor’s seal

(d) (e) Print name and license number

(d)

Note: (a) to (f) refer to identically lettered paragraphs of the rule and (3) refers to paragraph (3) of the rule.

R 560.115 Surveyor certificate, true copies.

Rule 115. (1) The purpose of this rule is to prescribe the form and content of the certificate on the true copy of the plat, as required by the act. The surveyor and proprietor shall sign and date the final plat before making the true copies. True copies may be paper. Tax certification and approvals by the appropriate authorities may be obtained in any order before the county plat board’s approval.

(2) The surveyor shall affix on the true copy of the plat and shall use the certificate which follows and it shall contain the following:

(a) Name of surveyor who either personally performed or had direct charge of the survey and making of the plat map.

(b) Plat caption as follows:

(i) Name of plat.

(ii) Quarter section, government lot number, or name of tract.

(iii) Section number, when applicable.

(iv) Private claim number when applicable.

(v) Township and range when applicable.

(vi) Name of municipality.

(vii) Name of county.

(viii) State of Michigan.

(i) (name) , county drain commissioner.

(ii) (name) , county road commission.

(iii) (name , governing body of the municipality.

(iv) (name) , Michigan department of transportation.

(v) (names) , county plat board.

(d) Date surveyor signs the certificate on the true copy.

(e) Surveyor’s hand written signature as printed.

(f) Surveyor’s license number.

(g) Surveyor’s seal [facsimile in durable (pigment based) black ink shall be used].

(3) When approved, the true copies shall be returned to the proprietor or surveyor to accompany the final plat to the county plat board.

SURVEYOR CERTIFICATION OF TRUE COPY

, surveyor, certify:

That pursuant to section 560.101 to 560.293, this is a true copy of the final plat of b) ; and, that the final plat is subject to the approval of each of the following agencies (whose approval is required under

Signature (e)

(g) Surveyor’s seal

Note: (a) to (g) refer to identically lettered paragraphs of the rule. R 560.116 Proprietor’s certificate; limited liability partnership.

Rule 116. (1) The purpose of this rule is to prescribe the form and content of the certificate as required by the act when the proprietor of a proposed subdivision is a limited liability partnership.

(2) The surveyor shall affix on the plat and a proprietor, which is a limited liability partnership, shall use the certificate which follows and it shall contain the following:

(a) Name and legal address of the limited liability partnership.

(b) Name of the copartner who is authorized to sign the certificate.

(d) Statement that the areas in subdivision (c) of this subrule are dedicated to public use or only to the use of lot owners, including lot owners in future contiguous subdivisions, if so intended.

(e) A lot access restriction statement imposed by the agency with jurisdiction for the road or roads to which access is restricted, if applicable.

(g) Signature of each copartner exactly as their names appear in subdivision (a) of this subrule as required by 1937 PA 103, MCL 565.201 to 565.203.

(h) County clerk certificate number and name of county where the copartnership has been filed.

Proprietor’s certificate

We as proprietors certify that we caused the land described in this plat to be surveyed, divided,

mapped, and dedicated as represented on this plat and that the

(c)

(a) (Print copartnership name and address)

(h) (County certificate number and county name)

State file number and file date

(Michigan file number for foreign partnerships)

(g)

(b) (Printed name) - co-partner

(g)

(b) (Printed name) - co-partner

Note: (a) to (h) refer to identically lettered paragraphs of the rule. R 560.117 Proprietor’s certificate; trust.

Rule 117. (1) The purpose of this rule is to prescribe the form and content of the certificate as required by the act when the proprietor of a proposed subdivision is a trust.

(2) The surveyor shall affix on the plat and a proprietor, which is a trust, shall use the certificate which follows and it shall contain the following:

(a) Name of trust

(b) Name and legal address of each trustee who is authorized to sign the certificate.

(d) Statement that the areas in subdivision (c) of this subrule are dedicated to public use or only to the use of lot owners, including lot owners in future contiguous subdivisions, if so intended.

(e) A lot access restriction statement imposed by the agency with jurisdiction for the road or roads to which access is restricted, if applicable.

(g) Signatures of each trustee, exactly as their names appear in subdivision (a) of this subrule as required by 1937 PA 103, MCL 565.201 to 565.203.

(h) Show the liber and page or document number and county where the trust agreement or certificate of trust existence and authority has been recorded. A copy of the recorded document shall accompany the final plat.

Proprietor’s certificate

I (we) as proprietors certify that I (we) caused the land described in this plat to be surveyed divided, mapped, and dedicated as represented on this plat and that the (c) are for the use of

(d); that the public utility easements are private easements and that all other easements are for the uses shown on the plat; (e) and (f).

(a) Print name of trust

Liber (h) and page (h) or document (h) ,

(h) County records

(b) and (g) Printed name & address

(Trustee or co-trustee)

Note: (a) to (h) refer to identically lettered paragraphs of the rule.

R 560.118 Proprietor’s certificate; power of attorney.

Rule 118. (1) The purpose of this rule is to prescribe the form and content of the certificate as required by the act when the proprietor of a proposed subdivision has authorized another to act as its attorney-in-fact.

(2) The surveyor shall affix on the plat and a proprietor, which authorized another to act as its attorney-in-fact, shall use the certificate which follows and it shall contain the following:

(a) Name and legal address of the proprietor required to sign the certificate.

(b) Reference to the plat streets, roads, alleys, walks, parks, and other grounds.

(c) Statement that the areas in subdivision (b) of this subrule are dedicated to public use or only to the use of lot owners, including lot owners in future contiguous subdivisions, if so intended.

(d) A lot access restriction statement imposed by the agency with jurisdiction for the road or roads to which access is restricted, if applicable.

(f) Printed name of the attorney-in-fact.

(g) Signature of the attorney-in-fact exactly as it appears in subdivision (f) of this subrule as required by 1937 PA 103, MCL 565.201 to 565.203.

(h) Show the liber and page or document number and county where the power of attorney has been recorded. A copy of the recorded document shall accompany the final plat.

Proprietor’s certificate

I (we) as proprietors certify that I (we) caused the land described in this plat to be surveyed divided, mapped, and dedicated as represented on this plat and that the (b) are for the use of (c)

; that the public utility easements are private easements and that all other easements are for the uses shown on the plat; (d) and (e).

(a) Printed name and address

(g) (Printed name (f), attorney-in-fact)

Liber

(h)

page

(h)

or document (h) ,

(h) County records

Note: (a) to (h) refer to identically lettered paragraphs of the rule. R 560.119 Proprietor’s certificate; urban renewal plat.

Rule 119. (1) The purpose of this rule is to prescribe the form and content of the certificate as required by the act.

(2) The surveyor shall affix on the plat and a proprietor, which is a municipal corporation shall use the certificate which follows and it shall contain the following:

(a) Name and legal address of municipal corporation.

(b) Name and title of the director of urban renewal or administrative officer authorized to sign the certificate.

(d) A lot access restriction statement imposed by the agency with jurisdiction for the road or roads to which access is restricted, if applicable.

(e) Statement that the plat includes all land to the water’s edge, when lots abut a lake, river or stream. If this is not the intent of the proprietor, the limits of the lots with respect to the water shall be indicated with an appropriate statement.

(f) Signature of each officer exactly as his or her name appears in subdivision (b) of this subrule as required by 1937 PA 103, MCL 565.201 to 565.203.

Proprietor’s Certificate

(a) , a municipal corporation duly organized and existing under the laws of the State of Michigan by (b) , by virtue of authority in us vested by 1945 PA 344, MCL 125.71

to 125.84, having been duly authorized by the (c) of the (a) , has caused the land described in this plat to be surveyed, divided, mapped, and dedicated as represented on this plat and that necessary rights to all highways, streets, alleys, walks, and public places, including parks, greenbelts, buffer strips and other grounds have been acquired by the municipality by purchase, dedication, condemnation, or adverse possession for public use; and that the public utility easements are private easements and that all other easements are for the uses shown on the plat. (d) and (e).

(a) (Print municipal corporation’s name and address)

(f) (Printed name and title)

Note: (a) to (f) refer to identically lettered paragraphs of the rule. R560.120 Surveyor’s certificate; amended plats.

Rule 120. (1) The purpose of this rule is to prescribe the form and content of this certificate for an amended plat.

(2) The surveyor shall affix on the amended plat and shall use the certificate which follows and it shall contain the following:

(a) Name of surveyor who personally performed or had direct charge of the survey and making of the amended plat.

(b) Description of the land as follows:

(i) Name of the affected plat and its original caption. Also include the name of the current municipality, when different. A different municipality may result from incorporation, consolidation, annexation, or conditional transfer. Show the new municipality in parenthesis.

(ii) Any part of an original plat being replatted, if applicable.

(iii) Description of the exterior boundary of the amended plat as required by the act. If a segment of the plat boundary has a curvilinear line, the direction of the curve shall be stated in addition to the required curve data.

(iv) Name and the liber and page or document number of abutting plats and condominiums.

(v) Statement that plat includes all lands between intermediate traverse line and water’s edge when applicable.

(vi) Number of lots, outlots, parks and other grounds.

(vii) Acreage shown to 1/10th of an acre.

(d) Name of firm and its legal address.

(e) Surveyor’s hand written signature as printed in subdivision (a) of this subrule. If the surveyor is also a partner or principal officer of a firm, the office held shall be indicated below the signature.

(f) Michigan license number.

(g) Surveyor’s seal (facsimile in durable, pigment based black ink shall be used).

(h) Name of the plaintiff or plaintiffs identified on the judgment.

(i) Name of the judge that signed the judgment.

(j) Circuit court file number.

(k) Name of the county in which the judgment was entered.

SURVEYOR’S CERTIFICATE

, surveyor, certify:

That I have surveyed and mapped the land shown on this amended plat, described as follows:

That I have made such survey and amended plat by the direction of the plaintiff(s).

That such amended plat is a correct representation of the exterior boundary of the land surveyed. That the required monuments and lot markers have been located in the ground, as required by the act. That the accuracy of survey is within the limits required by the act.

That the bearings shown on the amended plat are expressed as required by the act and as explained in the legend.

That such amended plat is a true and exact copy of the portion of the plat of

(2)(b)(i) as

, plaintiff(s), which was entered by circuit court judge,

(2)(i)

, in the

(2)(k)

, State of Michigan, on day of , .

Circuit court file number:

(2)(j)

(2)(d) Print name of firm

Date address

(2)(g)

Surveyor’s seal

(2)(e) & (f) Print surveyor’s name and license number

Note: (2)(a) to (2)(j) refer to identically lettered paragraphs of the rule and (3) refers to paragraph (3) of the rules.

R 560.121 Municipal certificate.

Rule 121. (1) The purpose of this rule is to prescribe the form and content of the certificate on the plat, as required by the act.

(2) The surveyor shall affix on the plat and the municipality shall use the certificate which follows and it shall contain the following:

(a) Whether a township board, village council, or other municipal legislative body.

(b) Name of municipality.

(d) Date of approval and name of health department when health department approval is required on a preliminary plat.

(e) A statement that public water and public sewer services have been installed and are ready for connection or that surety has been posted to insure the installation of public sewer and public water service. When a proposed plat is to be served by municipal sewer or water and the improvements have not been constructed, copies of the respective state construction permits and proof of surety shall accompany the final plat. When a proposed plat is serviced by completed municipal sewer or water, the municipal certificate to that effect is all that is required.

(f) A statement that the municipality has adopted a subdivision control ordinance and waives the minimum lot size specified.

(g) A statement that the proprietors of the subdivision have been required by the municipality to comply with the provisions of the act when there is no county drain commissioner.

(h) A statement that surety is posted and for what length of time if the posting of surety for the placement of monuments is permitted.

(i) Signature of the clerk when approval is given and preceding paragraphs have been complied with.

(j) Date certificate is signed by clerk. MUNICIPAL CERTIFICATE

I certify that this plat was approved by the (a) , of the (b) , at a meeting held (c) and was reviewed and found to be in compliance with 1967 PA 288, MCL 560.101 to 560.293. (d) or (e), (f), (g) and (h)

(i) (j) (Printed name) clerk Date

Note: (a) to (j) refer to identically lettered paragraphs of the rule. R 560.122 Michigan department of transportation certificate.

Rule 122. (1) The purpose of this rule is to prescribe the form and content of the Michigan department of transportation certificate on the plat as required by the act.

(2) The surveyor shall affix on the plat and the Michigan department of transportation shall use the certificate which follows and it shall contain the following:

(a) Date of certification.

(b) Signature of an authorized person signing for the Michigan department of transportation.

PROPRIETOR’S PLAT:

MICHIGAN DEPARTMENT OF TRANSPORTATION

Approved on (a) , as complying with 1967 PA 288, MCL 560.101 to 560.293 and the applicable published rules and regulations of the Michigan Department of Transportation.

(b) (a) (Printed name and title of authorized person) Date

ASSESSOR’S PLAT:

MICHIGAN DEPARTMENT OF TRANSPORTATION

Approved on (a) , as complying with existing right of way.

(b) (a)

(Printed name and title of authorized person) Date

Note: (a) to (b) refer to identically lettered paragraphs of the rule. R 560.126 County road commission’s certificate.

Rule 126. (1) The purpose of this rule is to prescribe the form and content of the certificate on the plat required by the act.

(2) The surveyor shall affix on the plat and the board of county road commissioners shall use the certificate which follows and it shall contain the following:

(a) Date of meeting and approval.

(b) Name of county in which the subdivision is located and in respect to which the board has jurisdiction over roads and streets.

(d) Date certificate is signed by chairperson. COUNTY ROAD COMMISSION CERTIFICATE

Approved on (a) as complying with 1967 PA 288, MCL 560.183 and the applicable published rules and regulations of the board of county road commissioners of

(b) County.

(Printed name), chairperson Date

Note: (a) to (d) refer to identically lettered paragraphs of the rule. R 560.127 County drain commissioner’s certificate.

Rule 127. (1) The purpose of this rule is to prescribe the form and content of the certificate on the plat required by the act.

(2) The surveyor shall affix on the plat and the county drain commissioner shall use the certificate which follows and it shall contain the following:

(a) Date of approval.

(b) Name of county in which the subdivision is located and in respect to which the commissioner has jurisdiction over drains and drainage.

(d) Date certificate is signed by the drain commissioner. COUNTY DRAIN COMMISSIONER’S CERTIFICATE

Approved on (a) as complying with 1967 PA 288, MCL 560.192 and the applicable rules and regulations published by my office in the County of (b) .

title of authorized official where there is no drain commissioner

Note: (a) to (d) refer to identically lettered paragraphs of the rule. R 560.128 County or municipal treasurers’ certificate.

Rule 128. (1) The purpose of this rule is to prescribe the form and content of the county or municipal

treasurers’ certificate on the plat required by the act.

(a) The surveyor shall affix on the plat and the county treasurer shall use the certificate which follows, when certifying taxes on the final plat.

(b) The municipal treasurer shall use the same form but a separate certificate when the municipality does not return its delinquent taxes to the state.

(2) The treasurer shall do all of the following:

(a) Insert the date the certificate is signed.

(b) Sign the certificate.

(3) The instructions in subrule (2) also apply to a separate certificate which shall be made by the municipal treasurer when required by subrule (1).

TREASURER’S CERTIFICATE

The records in my office show no unpaid taxes or special assessments for the 5 years preceding (a) , involving the lands included in this plat.

(b) (Printed name) county (or municipal) treasurer

Note: (a) to (c) refer to identically lettered paragraphs of the rule. R 560.129 County plat board’s certificate.

Rule 129. (1) The purpose of this rule is to prescribe the form and content of the county plat board

certificate on the plat as required by the act.

(2) The surveyor shall affix on the plat and the county plat board shall use the certificate which follows and it shall contain the following:

(a) Name of the county.

(b) Date of final plat approval by the board.

(d) Printed name of each officer and the office held. If a county has a combined clerk-register, the chairman of the county board of commissioners shall sign on the line indicated for the county clerk and the clerk-register shall sign on the line indicated for the register of deeds.

(e) Signature of each member of the board of auditors if the county has a board of auditors which has elected to serve on the plat board.

COUNTY PLAT BOARD CERTIFICATE

This plat has been reviewed and is approved by the (a) County plat board on (b) as being in compliance with all of the provisions of 1967 PA 288, MCL 560.101 to 560.293, and the plat board’s applicable rules and regulations.

* (e) Member, board of auditors

** County plat engineer

* use as many signature lines as necessary

** to be used by county plat boards having a plat engineer (see section 149).

Note: (a) to (e) refer to identically lettered paragraphs of the rule. R 560.130 Register of deeds’ recording certificate.

Rule 130. (1) The purpose of this rule is to prescribe the form and content of the recording certificate

on the plat as required by the act.

(2) The surveyor shall affix on the plat the certificate which follows and it shall contain blanks for all of the following:

(a) Name of county.

(b) Day, month, and year plat was recorded.

(d) Liber and page or document number where the plat is to be found.

(e) Signature of the register of deeds.

(3) The register of deeds upon receipt of the plat shall complete and sign the form.

RECORDING CERTIFICATE

State of Michigan )

(a) County )

This plat was received for record on the (b) day of (b) , (b) at

] or [document number (d) ].

(e) (Printed name), register of deeds

Note: (a) to (e) refer to identically lettered paragraphs of the rule

R 560.131 Assessor’s certificate.

Rule 131. (1) The purpose of this rule is to prescribe the form of the assessor’s certificate on the plat as required by the act.

(2) The surveyor shall affix on the plat and the assessor of a municipality shall use the certificate which follows and it shall contain the following:

(a) Title as such supervisor or assessor.

(b) Name of the municipality and county.

(c) Statement that title to the streets, highways, alleys, and other public places shown on the plat has been acquired by reason of purchase, dedication, condemnation, or adverse possession, for public use. If title has not been acquired, the extent of use shall be plainly stated.

(d) Assessing officer’s signature, title, and complete mailing address. ASSESSOR’S CERTIFICATE

I, as (a) , by virtue of the authority vested in 1967 PA 288, MCL 560.201(2), having been duly authorized by the (b) County, State of Michigan, have caused the land described in the annexed plat to be surveyed, laid out and platted and certify that the (c)

and that the plat conforms to 1967 PA 288, MCL 560.101 to 560.293.

(d) Printed name (title) Address

Note: (a) to (d) refer to identically lettered paragraphs of the rule. R 560.132 Acknowledgments for assessor’s plat.

Rule 132. (1) The purpose of this rule is to prescribe the form and content of the acknowledgment for

an assessor’s plat as required by the act.

(2) The surveyor shall affix on the plat and the assessor shall use the acknowledgment for assessor’s plat which follows and it shall contain the following:

(a) Name of the county in which the acknowledgment is signed.

(b) Date of acknowledgment.

(d) Name of municipality in which the assessor holds office.

(e) Signature and printed name of the notary public.

(f) Name of the county in which the notary public is commissioned.

(g) Date of expiration of commission of the notary public.

ACKNOWLEDGMENT FOR ASSESSOR’S PLAT

STATE OF MICHIGAN COUNTY OF (a)

On this (b) day of (b) A.D. (b) , before me personally came the above named (c) , assessor of (d) , known to me to be the person who executed the above certificate, and acknowledged the same to be his free act and deed as such assessor.

(e) Notary public in and for (f) County

My commission expires (g) . Note: (a) to (g) refer to identically lettered paragraphs of the rule.

A county treasurer’s certificate is not required.

R 560.133. Surveyor’s certificate on assessor’s plat.

Rule 133. (1) The purpose of this rule is to prescribe the form and content of the certificate on an assessor’s plat, as required by the act.

(2) The surveyor shall affix on the plat and shall use the certificate, which follows and it shall contain the following:

(a) Name of the surveyor who either personally performed or had direct charge of the survey and making of the plat map.

(b) Description of the land, as follows:

(i) Name of plat.

(ii) Quarter section, government lot number, or name of tract.

(iii) Section number, if applicable.

(iv) Private claim number when applicable.

(v) Township and range when applicable.

(vi) Name of municipality. The caption shall also include the name of municipality having jurisdiction for plat approval when the land is under a conditional transfer agreement in parenthesis. The transfer agreement filed with the secretary of state’s office of the great seal shall accompany the final plat, when applicable.

(vii) Name of county.

(viii) State of Michigan.

(ix) Any part of an original plat being replatted, if applicable.

(xi) Name and the liber and page or document number of abutting plats and condominiums.

(xii) Statement that plat includes all lands between intermediate traverse line and water’s edge when applicable.

(xiii) Number of lots, outlots, parks, and other grounds.

(xiv) Acreage shown to 1/10th of an acre.

(d) Date on which plat was ordered made.

(e) Date of certification.

(f) Surveyor’s handwritten signature as printed in subdivision (a) of this subrule. If the surveyor is also a partner or principal officer, the office held shall be indicated below the signature.

(g) Michigan license number.

(h) Surveyor’s seal (facsimile in durable, pigment based black ink shall be used).

(3) If a firm of surveyors, name and legal address of the firm, a partner or principal officer shall also hand-sign the certificate above its printed name and license number unless the surveyor signing in subdivision (2)(f) is a partner or principal officer.

SURVEYOR’S CERTIFICATE

I, (a) , surveyor, certify:

That I have surveyed, divided and mapped the land shown on this plat, described as follows:

(b)

That I have made such survey, land division and plat by the direction of (c) , on (d) .

That such plat is a correct representation of all the exterior boundaries of the land surveyed and the subdivision of it.

That the required monuments and lot markers have been located in the ground That the accuracy of survey is within the limits required by the act.

That the bearings shown on the plat are expressed as required by the act and as explained in the legend.

(e) (3) Print name of firm here and

and complete address

(3) (Print principal’s name, title, and license number here)

(h) (f)

(g)

Note: (a) to (h) refer to identically lettered paragraphs of the rule and (3) refers to paragraph (3) of the rule.

R 560.134 Municipal certificate on assessor’s plat.

Rule 134. (1) The purpose of this rule is to prescribe the form and content of the municipal certificate for an assessor’s plat as required by the act.

(2) The surveyor shall affix on the plat and the clerk of the municipality shall use the certificate which follows and it shall contain the following:

(a) Date of final approval.

(b) Title of the governing body and name of municipality.

MUNICIPAL CERTIFICATE

This plat was approved on (a) , by the (b) of

(b) as having been made and complying with the requirements of 1967 PA 288, MCL 560.201 and 209(4).

Note: (a) to (c) refer to identically lettered paragraphs of the rule R 560.135 Road commission certificate on assessor’s plat.

Rule 135. (1) The purpose of this rule is to prescribe the form and content of the board of county road

commission certificate for an assessor’s plat as required by the act.

(2) The surveyor shall affix on the plat and the board of county road commissioners shall use the certificate which follows and it shall contain the following:

(a) Name of county.

(b) Date of certification.

The board of county road commissioners of the county of (a) hereby certifies that the public roads shown on the plat were in existence at the time the plat was made. The certification is made this (b) in accordance with 1967 PA 288, MCL 560.209(1).

Note: (a) to (c) refer to identically lettered paragraphs of the rule.

5 ADMINISTRATIVE RULES

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