§ 42-7. Acceptance of dedication.

(a)

Any dedication of streets, utilities, easements, public areas, parks or other land shown on a plat shall be deemed to be an offer of dedication which may be withdrawn by the subdivider/owner at any time prior to filing of the plat in the deed records. Withdrawal of any such dedication shall void any previous approval of the plat. Approval of a plat by the planning and zoning commission or city council shall not be deemed an acceptance of any proposed dedication and shall not impose any duty on the city concerning the improvements or maintenance of such dedication until the city has actually improved same or has made entry thereon or use thereof.

(b)

For any subdivision for which a plat has been filed for record, or where land has been divided by metes and bounds and no plat filed for record, and which has not been approved according to these regulations, or which fails to meet the standards contained or referred to herein, the commission shall adopt a resolution concerning such failures or lack of approval and indicating that same is in violation of the provisions of this chapter. The commission shall cause a copy of such resolution, signed by the chairman of the commission and attested to and notarized by the city secretary, to be filed in the deed records of the county.

(c)

If compliance and approval are secured following the filing of the resolution, the commission shall file in the deed records of the county and instrument which, in effect, rescinds such earlier filed resolution.

(Code 1994, ch. 9, art. 7; Ord. No. 248, exh. A(art. 7), 3-24-1997)