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505.12 PLATS; COORDINATES; SURVEYS 9419 <br />provided. that upon the failure of the governing body of such statutory city or <br />municipality and the board of county commissioners to concurrently approve and <br />adopt a plat of subdivision within 60 days of the time or presentation to each <br />respective authority the approval of the board of county commissioners shall be <br />final. The board of county commissioners may extend the time for concurrent <br />approval with respect to individual plats of subdivisions. <br />History: 1929 c Zli s 4: 1973 c 12.7 art S s 7 (82434) <br />505.13 APPLICATION'; LIMITATION. <br />Nothing in sections 505.09 to 505.13 shall amend. repeal. or affect Special <br />Laws 1889. Chapter 178. <br />QI <br />n99c2's s S (8243-S) <br />ACATION. the application of the owner of land included in anv plat. and upon <br />proof that all taxes assessed against such land have been paid. and the notice <br />hereinafter provided for given. the district court may vacate or alter all. or any <br />part. of such plat. and adjudge the title to all streets. alleys, and public grounds to <br />be in the persons entitled thereto: but streets or alleys connectini separate plats or <br />hying between blocks or lots, shall not be vacated between such lots. blocks. or <br />plats as are not also vacated. unless it appears that the street or alley or part <br />thereof sought to be vacated is useless for the purpose for which it was laid out. <br />The petitioner shall cause two weeks published and posted notice of such <br />application to he given. the last publication to be at least ten days before the term <br />at which it shall be heard: and the petitioner shall also serve personalh, or cause <br />to be served personallN. notice of such application. at least ten days before the <br />term at which the application shall be heard. upon the mayor of the city, the <br />president of the statutory city. or the chairman of the town board of the town <br />where such land is situated. The court shall hear all persons owning or occupying <br />land that would he affected by the proposed vacation. and if. in the judgment of <br />the court. the same would be damaged. the court may determine the amount of <br />such damage and direct its payment by the applicant before the vacation or <br />alteration shall take effect. A certified copy of the order of the court shall be filed <br />with the c:)unty auditor. and recorded be the county recorder. The district court <br />shall not vacate or alter am street. alley. or public ground dedicated to the public <br />use in or by anv such plat in an city or town organized under a charter or special <br />law which provides a method c f procedure for the vacation of streets and public <br />grounds by the municipal authorities of such city or town. <br />Histon: RL s 3369. 1909 c 503 s 1. 1917 c 38 s 1: 1973 c 123 art S s 7: <br />1976 c 181 s 2 (8244) <br />505.15 CERTAIN' PLATS VALIDATED. <br />In all cases where the record owner of real estate in this state has heretofore <br />conveyed the same. or any part thereof. by express reference in the instrument of <br />such conveNance to a plat of such real estate on file in the office of the county <br />recorder in the county in which such real estate is situated. and a plat so referred <br />to in said conveyance is actually of record in such recorder's office at the time <br />when such conye%ance is made. such record owner and all persons claiming under <br />such record owner. shall be forever estopped from questioning the validity of such <br />plat. notwithstanding that at the time of the execution and record thereof. title to <br />the premises covered thereby. appears of record to have been in the name of a <br />person other than the person who executed such plat as proprietor of the premises <br />covered thereto. and notwithstanding an irregularity or informality in the execu- <br />