PURPOSE: This rule provides specific detail requirements that apply to condominium surveys.
- (1) Monumentation. The monumentation required by this chapter for subdivision surveys shall be met for the original or overall condominium survey and plat. No monumentation is required on later phases in the same condominium unless additional streets are to be dedicated by the plat.
(2) Publication of Results. Each plat shall show the following:
- (A) The name and a survey or general schematic map of the entire condominium; if the plat is of a later phase, the recorded location of the original condominium plat shall be given;
- (B) The location and dimensions of all real estate not subject to development rights, or subject only to the development right to withdraw, and the location and dimensions of all existing improvements within that real estate in accordance with this chapter;
- (C) A legally sufficient description of any real estate subject to development rights, labeled to identify the rights applicable to each parcel;
- (D) The extent of any encroachments by or upon any portion of the condominium in accordance with 10 CSR 30-2.110(1);
- (E) To the extent feasible, a legally sufficient description of all easements serving or burdening any portion of the condominium in accordance with 10 CSR 30-2.110(2);
- (F) Unless shown on plans of the units, the location and dimensions of any vertical unit boundaries and that unit’s identifying number;
- (G) Unless shown on plans of the units, the location with reference to an established datum of any horizontal unit boundaries and that unit’s identifying number;
- (H) A legally sufficient description of any real estate in which the unit owners will own only an estate for years, labeled as leasehold real estate;
- (I) The distance between noncontiguous parcels of real estate comprising the condominium;
- (J) The location and dimensions of limited common elements, including porches, balconies and patios, other than parking spaces and the other limited common elements described in subdivisions (2) and (4) of section 448.2-102, RSMo;
- (K) The plat shall clearly define the elevation datum used. The current North American Vertical Datum, or a similar well documented datum is preferred. The location and elevation of the benchmark used to establish project datum shall be described on the plat. If no such established datum exists within a reasonable distance of the project, the surveyor will set a permanent monument as a bench mark and shall show its location and elevation on the plat; and
- (L) A plat may also show the intended location and dimensions of any contemplated improvement to be constructed anywhere within the condominium. Any contemplated improvement shown must be labeled either SHALL BE BUILT or NEED NOT BE BUILT.
- (3) Certification. Each condominium plat shall contain a certification or declaration that the plat contains all information required by section 448.2-109, RSMo and that the survey and plat are in compliance with the current Missouri Minimum Standards for Property Boundary Surveys.
AUTHORITY: sections 60.510(7) and 60.550, RSMo 1986 and 448.2-109, RSMo Supp. 1988.* Original rule filed May 3, 1994, effective Dec. 30, 1994. 10 CSR 30-2
*Original authority: 60.510(7) and 60.550, RSMo 1969 and 448.2-109, RSMo 1983, amended 1988.