Olmsted County Filing of Surveys

Revised August 22, 2017

Section 1270. County surveyor; filing of surveys in Olmsted County.

ORDINANCE

Section 1270 – COUNTY SURVEYOR; FILING OF SURVEYS IN OLMSTED COUNTY, MINNESOTA

The County Board of Olmsted County ORDAINS:

That any registered Land Surveyor who shall perform a survey of land for an individual or corporation shall file a true and correct copy of the land survey in the Office of the Olmsted County Surveyor within thirty (30) days after completion of the survey. The manner of filing, and all incidents thereof, shall be determined by the Olmsted County Surveyor.

All surveys so filed shall be public records and shall be available at all reasonable times for inspection by any person.

Enacted: January 27, 1976

Revised: August 22, 2017

RESOLUTION NO. 17-57

WHEREAS, pursuant to authority set forth in Minn. Stat. Section 389.08, the Olmsted County Board of Commissioners approved an ordinance on January 27, 1976, which required copies of all surveys of land in the County completed by registered land surveyors to be filed with the County Surveyor; and,

WHEREAS, with the passage of time, the fact that this ordinance had been approved was forgotten until it was recently rediscovered by the new County Surveyor, Mark Severtson; and,

WHEREAS, because the existence of this ordinance was virtually unknown, it was not included in the Olmsted County Code of Ordinances when it was created on November 22, 2013; and,

WHEREAS, the current form of the ordinance is still acceptable to the County Surveyor and the County Attorney except that it needs to have a number assigned to it so it can be placed at a proper place in the Olmsted County Code of Ordinances; and,

WHEREAS, it appears that all of the requirements to approve this ordinance including publishing notice of a public hearing prior to adoption of the ordinance and publishing a summary following approval and filing a copy of it with the County Auditor were completed in 1976 which means that publishing notice of and holding a public hearing prior to having the County Board reaffirm the ordinance does not need to be repeated again; and,

NOW THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Olmsted County Board of Commissioners as follows, pursuant to Minnesota Statutes Section 389.08:

The 1976 county ordinance requiring copies of surveys of land in the County to be filed with the County Surveyor is hereby reaffirmed.  The ordinance shall be assigned Section No. 1270 and shall be inserted into the Olmsted County Code of Ordinances at that location in the Code. Since it was passed in 1976, it has technically remained in effect since that date.  However, since local surveyors may be unaware of this ordinance, the County Surveyor may provide for e-mailed notice of the reaffirmation of this ordinance to local surveyors so they will be placed on notice of its requirements and their expected compliance as of the date of this resolution. 

Dated at Rochester, Minnesota this 22nd day of August 2017.