SB-0733, As Passed House, May 22, 2018

SB-0733, As Passed Senate, February 14, 2018

SUBSTITUTE FOR

SENATE BILL NO. 733

     A bill to amend 1970 PA 132, entitled

"An act to provide for the filing of surveys in the office of the

register of deeds relative to land divisions; and to prescribe the

conditions of the survey,"

by amending sections 1 and 3 (MCL 54.211 and 54.213), section 3 as

amended by 1992 PA 183.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 1. (1) Whenever If lands are surveyed into 4 parcels or

less, or a greater number when such parcels are of 10 acres or

more, parcels under sections 108 to 109b of the land division act,

1967 PA 288, MCL 560.108 to 560.109b, or any boundary survey where

permanent corners are monumented, the professional land surveyor

who prepared the survey shall record a certified copy may be

recorded in the office of the register of deeds in the county in

which the land is situated. , if such survey meets the requirements

of this act.

     (2) If a survey is made for the purposes of describing the a

parcel in a conveyance of title or describing a parcel as created

in a lease for a year or more, a certified copy of that survey

shall, be recorded at the time of recording the conveyance of title

within 90 days after the delivery of the survey to the professional

land surveyor's client, be filed for recording with the register of

deeds in the county in which the land is situated. The requirements

of this act are in addition to Act No. 288 of the Public Acts of

1967, as amended, being sections 560.101 to 560.923 of the Compiled

Laws of 1948. those of the land division act, 1967 PA 288, MCL

560.101 to 560.293. Land platted in accordance with Act No. 288 of

the Public Acts of 1967, as amended, under that act, or land

previously surveyed and recorded and for which no change in

boundary description is made from a previously recorded survey,

need not be recorded. Surveys solely for mortgage certificate

purposes need not be recorded.

     Sec. 3. (1) The survey map under section 1 shall be prepared

on durable white paper 8-1/2 inches wide by 14 inches long. Lines

on a map shall be made with nonfading black ink on a scale of not

more than 500 feet to an inch. the The scale shall be shown on the

map, . The map may instead be prepared on tracing cloth or paper,

and a true scale reproduction of the map pursuant to the records

media reproduction act, may 1992 PA 116, MCL 24.401 to 24.406,

shall be recorded. The map shall include meet all of the following

requirements:

     (a) A Include a certificate signed and sealed by the licensed

land professional surveyor who surveyed and mapped the parcel or

parcels. , The certificate shall meet all of the following

requirements:

     (i) Be typed, lettered, or reproduced legibly with nonfading

ink. , giving

     (ii) Give a clear, concise description of the land surveyed by

bearings and distances, commencing with some a corner marked and

established in the United States public land survey, Public Land

Survey, or reestablished in accordance with accepted methods. The

certificate shall also include the ratio of closure of latitudes

and departures,

     (iii) Include the relative positional precision of each

corner, which shall be within limits accepted by the profession of

land practice of professional surveying. , and certification

     (iv) Include certification by the licensed land professional

surveyor that the requirements of this section have been met.

     (b) The For land not included in a platted subdivision or

condominium, include the exterior boundaries of the land surveyed

and divided, together with the line or lines leading to the United

States public land survey Public Land Survey corner, or corners,

from which the land is described. A boundary along a lake or stream

shall be defined by a meander line connecting the side boundaries

of the parcel. If a lot in a recorded platted subdivision is

surveyed or divided, the exterior boundaries of the lot surveyed

and divided shall be referenced to existing lot corners and the

controlling monuments used for that survey.

     (c) If the boundary of the parcel follows or parallels a

section line, the all of the following requirements:

     (i) The section line shall be defined at its extremities by a

corner corners established in the United States public land survey

Public Land Survey or reestablished pursuant to accepted methods or

protracted corners monumented under the state survey and

remonumentation act, 1990 PA 345, MCL 54.261 to 54.279.

     (ii) Each corner of the United States public land survey

Public Land Survey shall be duly witnessed to a permanent object

and the under the corner recordation act, 1970 PA 74, MCL 54.201 to

54.210d.

     (iii) The map shall indicate the kind of object, and the

bearings and distances to it, together with the object, and the

kind and material of monumentation marking the corner. , shall be

shown on the map.

     (d) A curved boundary or a curved highway, street, or lot

line, if shall be defined as follows:

     (i) If the curve is contained within the line, shall be

defined by the points of curvature and tangency and compound

curvature, central angle, length of arcs, degree of curvature,

radius, and length and bearing of the long chord. , or, if

     (ii) If the curve is only partially contained within the line,

by the length of arc along the curve, degree of curvature, radius,

and length and bearing of the short chord. , or by

     (iii) If the curve is not regular, by traverse courses and

distances. if the curve is not regular.

     (e) If an exterior boundary line shows a bearing or length

that varies from that recorded in an abutting plat or certified

survey, the following note shall be placed along the line

"previously recorded as (show bearing or length or both)".

     (f) Include all of the following:

     (i) (f) The length and bearing of each line.

(ii) (g) The exact width of each street, highway, alley, and

easement.

(iii) (h) The distance on a boundary or lot line from the

point of intersection with a meander line to the apparent ordinary

high water high-water line of Great Lakes waters and to the water's

edge of inland lakes and streams.

(iv) (i) A north point arrow properly located.oriented.

     (2) Certified The register of deeds shall accept certified

survey maps prepared pursuant to this section shall be accepted,

upon payment of the regular fee schedule as provided in section

2567(1)(a) of the revised judicature act of 1961, Act No. 236 of

the Public Acts of 1961, being section 600.2567 of the Michigan

Compiled Laws, shall be numbered consecutively by the register of

deeds, shall be recorded 1961 PA 236, MCL 600.2567. The register of

deeds shall consecutively number the maps and record them in bound

volumes , or in a manner adapted to a system of preserving records

pursuant to the records media reproduction act, and 1992 PA 116,

MCL 24.401 to 24.406. The maps shall be known as the "certified

survey maps of .............. county", and shall become a part of

the land records of the county. A separate card file shall be kept

showing by section, township, and range and also by title of

recorded plat if a resurvey within such plat, the designating

number, liber, and page of the certified maps filed in the bound

volume, or other record.The register of deeds shall keep a separate

card file or electronic file of the county land records system. The

file shall be indexed within the land records system. The file

shall specify the unique identifying number or liber and page of

the recorded surveys in the bound volume or other record. The

specification shall be by section, township, and range and, if the

map is a resurvey within the plat, by title of the recorded plat.

     (3) If a certified survey map is recorded pursuant to this

section, the parcels of land in the map may be described with a

supplemental reference to the number of the survey, the volume and

page where recorded, and the name of the county, for all purposes,

including assessment, taxation, devise, descent, and conveyance.

     Enacting section 1. This amendatory act takes effect 90 days

after the date it is enacted into law.