Section 84.095. Transportation project plats.

 

(1)   Definitions. In this section:

(a) “Parcel" means one or more pieces of land, or interests or rights in land, under the same ownership or control to be acquired or disposed of for a project and depicted on a plat.

(b) “Parcel number" means a unique number assigned to each parcel depicted on a plat.

(c) “Plat" means a map that is prepared for a project, or a part of a project. The plat shall consist of a single sheet or a detail and a title sheet.

(d) “Project" means a public transportation or transportation-related improvement project.

(e) “Project number" means a unique number assigned to the project by the department or the city, village, town or county that is undertaking the project.

(f) “Title sheet" means a sheet that includes, but is not limited to, limits of the project, location map, and identification of plat symbols and abbreviations.

(2)   Filing or recording plats.

(a) The department, or a city, village, town, or county, may submit any order or resolution relating to a project in the form of a plat for filing or recording in the office of the register of deeds in the county in which the parcel is located. The plat may include a separate title sheet and shall be filed or recorded within 20 days after the plat is signed under sub. (4) (a) 4. The register of deeds shall file or record any plat submitted under this subsection as a transportation project plat. A project authorized by an order or resolution may be described in more than one plat. Whenever a project is described in more than one plat, each plat may be submitted separately for filing or recording.

(b)

1. Plats filed or recorded under this section are for parcel or right of way delineation purposes only and do not effect a transfer or encumbrance of any title to real or personal property.

2. Submitting a plat for filing or recording under this section satisfies the requirements of ss. 32.05 (1) , 83.08 (1) , 84.09 (1) and 114.33 (6) with respect to filing with the county clerk or county highway committee any orders, resolutions, maps or plats for a project.

(3)   Amending and correcting plats.

(a) An order, resolution or plat filed or recorded under this section may be amended or vacated only by the entity that submitted the order, resolution or plat for filing or recording. Any amendment or vacation of an order, resolution or plat filed or recorded under this section may be filed or recorded. The office of the register of deeds shall make suitable notations on the plat affected by an amendment or vacation that is filed or recorded. The register of deeds shall number any amendments to a plat consecutively in the order filed or recorded and shall describe each amendment as follows:

Amendment .... (number) of transportation project plat .... (project number), recorded in volume .... (number) of transportation project plats, page .... (number), on .... (date), .... (county name) register of deeds, and located in .... (quarter section, section, township and range; recorded private claim; or federal reservation).

(b) Corrections to a plat may be made only by the entity that prepared or submitted the plat for filing or recording and only if the correction does not affect the interests or rights required. Corrections to a plat shall be made by filing or recording with the register of deeds an affidavit of correction that identifies the affected plat and states the defect in or change to the plat along with the correct information. An affidavit of correction may not be used to reconfigure parcels or rights and interests required for the project. Affidavits of correction may be used to correct distances, angles, directions, bearings, chords, lot and block numbers, street names, or other scrivener errors. The register of deeds shall make suitable notations on the plat to which the affidavit refers. The record of the affidavit of correction, or a certified copy of the record, is prima facie evidence of the facts stated in the affidavit.

(4)   Plat detail and format.

(a) No plat may be filed or recorded in any office of a register of deeds unless the plat includes a certification that it contains all of the following, either as part of the drawing or written elsewhere on the plat:

1. An official order or resolution of the department, city, village, town or county authorizing the project. If the plat is to be used only to delineate existing highway right-of-way, the plat must refer to a resolution or revised relocation order from a previous project. If a recorded or revised relocation order does not exist, the department may establish right-of-way.

2. The project number.

3. The plat number, the date on which the plat was prepared and the signature of the person under whose direction the plat was prepared.

4. The signature of the person authorized by the department or the city, village, town or county to sign the plat.

5. A scale, north arrow and basis of reference.

7. The coordinate reference and datum.

8. The existing and new locations of the transportation facility.

9. The delineation of each parcel. For each parcel, a description of the following shall be included:

a. The parcel number.

b. The right, title or interest in land required.

c. The area of the parcel required.

11. Reference to platted land surveys or other surveys of record and the locations of known monuments established for such surveys.

12. The locations of known public land survey monuments.

(b) In addition to the information required under par. (a) , a plat for a highway project shall include the following:

1. The designation of the highway and any adjacent or intersecting streets or highways by name, number or letter.

2. A description of the reference line for the highway by bearing and distance.

3. The location of the highway reference line by bearing and distance from a boundary line of a section or from a recorded private claim or federal reservation.

4. A description of the highway right-of-way boundaries by bearing and distance.

5. The locations of existing reference lines and right-of-way lines.

(c) Notwithstanding its depiction on a plat, the boundary of a parcel extends to the boundary of the adjoining property parcel or body of water.

(d) The requirements under this section and in s. A-E 7.08 , Wis. Adm. Code, entitled “U.S. public land survey monument record" in effect on January 1, 2004, contain all of the requirements for a transportation project plat.

(5)   Professional land surveyor's certificate. A plat prepared for filing or recording under this section shall include a certificate of a professional land surveyor licensed under s. 443.06 that the plat is a correct representation of the project described and that the identification and location of each parcel can be determined from the plat. This subsection does not apply to plats prepared by the department.

(6)   Plat dimensions and media.

(a) No plat may be filed or recorded in the office of a register of deeds unless the plat has a one-inch margin on all sides, and is produced on any material that is capable of clearly legible reproduction or other media that is acceptable to the register of deeds. The dimensions of the plat shall be 22 inches wide by 30 inches long. Larger plats may be used if acceptable to the register of deeds and agreeable to the agency who submitted the plat. A plat that is submitted for filing or recording shall contain a blank space at least 3 inches by 3 inches in size for use by the register of deeds.

(b) The requirements of s. 59.43 (2m) do not apply to plats submitted under this section.

(7)   Description for parcels and remnant parcels.

(a) Whenever a plat has been filed or recorded under this section, any parcel depicted in the plat that is required for a project by conveyance or eminent domain proceedings shall be described as follows:

Parcel .... (number) of transportation project plat .... (project number), recorded in volume .... (number) of transportation project plats, page .... (number), as document .... (number), recorded in .... (county name), Wisconsin.

(b) A description under par. (a) is a sufficient legal description for purposes of s. 32.05 or 706.05 (2m) (a) .

(c) Subsequent conveyances, mortgages, and other instruments affecting title to an adjoining parcel of land and its associated rights or interests may refer to the parcel description in par. (a) as an exception to the conveyance.

(d) The plat may be used to depict remnant parcels to be disposed of or to delineate existing highway right-of-way.

(8)   Indexing of plats.

(a) The register of deeds shall index plats filed or recorded under this section in the manner described in s. 59.43 (12m) , whether or not the county board has enacted an ordinance requiring such an index.

(b) Within 3 working days after the date on which a plat is submitted for recording under this section, the register of deeds shall assign a document number and volume and page of recording for the plat and the register of deeds shall provide written notice of the recording information to the agency that submitted the plat.

(8m)   Surplus parcels. The department may not divide a surplus parcel, as defined by the department, under this section.

(9)   Local review. No state agency, city, village, town or county may require the review or approval of a plat as a condition of filing or recording the plat if the plat is prepared in accordance with this section.

1997 a. 282 ; 2005 a. 446 ; 2013 a. 358 ; s. 35.17 correction in (4) (d).