Empathy List Archives

oama@lists.imla.org

Oklahoma Association of Municipal Attorneys

PLATTING COMMON AREAS IN FILED PLAT

Jon Miller

Thu, Dec 5, 2024 7:40 PM

Counselors:

Developer of subdivision filed approved plat. The plat includes a substantial common area. Developer now wants to convert part of the common area into additional lots. Most of the existing lots have been sold to homebuilders. Do you require the developer to partially vacate the filed plat to remove the common area from the from the filed plat before allowing the common area to be replatted into lots? Or do you allow replatting of existing areas without requiring the vacation of the filed plat?

Jonathan E. Miller
City Attorney
City of Mustang
1501 N. Mustang Road
Mustang, Oklahoma 73064
Telephone: (405) 376-7746
Facsimile: (405) 376-7721

NOTICE: This e-mail message, and all attachments transmitted with it, may contain legally privileged and confidential information intended solely for the intended recipient(s). If the reader of this message is not the intended recipient or the employee or agent responsible for delivering this message in confidence to the intended recipient(s), you are hereby notified that you have received this transmittal in error and any reading, dissemination, distribution, copying or other use of this communication is strictly prohibited. If you have received this message in error, please notify the sender immediately by reply email and delete this message and all attachments.

Counselors: Developer of subdivision filed approved plat. The plat includes a substantial common area. Developer now wants to convert part of the common area into additional lots. Most of the existing lots have been sold to homebuilders. Do you require the developer to partially vacate the filed plat to remove the common area from the from the filed plat before allowing the common area to be replatted into lots? Or do you allow replatting of existing areas without requiring the vacation of the filed plat? Jonathan E. Miller City Attorney City of Mustang 1501 N. Mustang Road Mustang, Oklahoma 73064 Telephone: (405) 376-7746 Facsimile: (405) 376-7721 NOTICE: This e-mail message, and all attachments transmitted with it, may contain legally privileged and confidential information intended solely for the intended recipient(s). If the reader of this message is not the intended recipient or the employee or agent responsible for delivering this message in confidence to the intended recipient(s), you are hereby notified that you have received this transmittal in error and any reading, dissemination, distribution, copying or other use of this communication is strictly prohibited. If you have received this message in error, please notify the sender immediately by reply email and delete this message and all attachments.

Joe Weaver

Thu, Dec 5, 2024 8:55 PM

Jon,

I think you can replat the common area under and pursuant to the requirements of 11-O.S. Sec. 42-109. The Developer could also proceed under 11-O.S. Sec. 42-106 and vacate the common area by written agreement, and then replat (60% of the lot owners would have to agree). In either case, the vacation/replat cannot be prohibited by restrictive covenants applicable to the property. My only concern would be the interest/rights the homebuilder lot owners have in the common area. To avoid any issues that an aggressive title examiner may have down the road, If the common area is replatted without first vacating same, I would have the lot owners sign off on the replat.

From: Jon Miller via Oama oama@lists.imla.org
Sent: Thursday, December 5, 2024 1:41 PM
To: oama (oama@lists.imla.org) oama@lists.imla.org
Subject: [Oama] PLATTING COMMON AREAS IN FILED PLAT

Counselors:

Jonathan E. Miller
City Attorney
City of Mustang
1501 N. Mustang Road
Mustang, Oklahoma 73064
Telephone: (405) 376-7746
Facsimile: (405) 376-7721

NOTICE:
The information contained in this transmission is or may be protected by the attorney-client and/or the attorney work product privilege and is confidential. It is intended only for the use of the individual or entity identified above. If the reader of this message is not the intended recipient you are hereby notified that any dissemination or distribution of the accompanying communication is prohibited. No applicable privilege is waived by the party sending this communication. If you have received this communication in error, please notify us immediately by reply and delete the original message from your system.

Circular 230 Disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.

Jon, I think you can replat the common area under and pursuant to the requirements of 11-O.S. Sec. 42-109. The Developer could also proceed under 11-O.S. Sec. 42-106 and vacate the common area by written agreement, and then replat (60% of the lot owners would have to agree). In either case, the vacation/replat cannot be prohibited by restrictive covenants applicable to the property. My only concern would be the interest/rights the homebuilder lot owners have in the common area. To avoid any issues that an aggressive title examiner may have down the road, If the common area is replatted without first vacating same, I would have the lot owners sign off on the replat. From: Jon Miller via Oama <oama@lists.imla.org> Sent: Thursday, December 5, 2024 1:41 PM To: oama (oama@lists.imla.org) <oama@lists.imla.org> Subject: [Oama] PLATTING COMMON AREAS IN FILED PLAT Counselors: Developer of subdivision filed approved plat. The plat includes a substantial common area. Developer now wants to convert part of the common area into additional lots. Most of the existing lots have been sold to homebuilders. Do you require the developer to partially vacate the filed plat to remove the common area from the from the filed plat before allowing the common area to be replatted into lots? Or do you allow replatting of existing areas without requiring the vacation of the filed plat? Jonathan E. Miller City Attorney City of Mustang 1501 N. Mustang Road Mustang, Oklahoma 73064 Telephone: (405) 376-7746 Facsimile: (405) 376-7721 NOTICE: This e-mail message, and all attachments transmitted with it, may contain legally privileged and confidential information intended solely for the intended recipient(s). If the reader of this message is not the intended recipient or the employee or agent responsible for delivering this message in confidence to the intended recipient(s), you are hereby notified that you have received this transmittal in error and any reading, dissemination, distribution, copying or other use of this communication is strictly prohibited. If you have received this message in error, please notify the sender immediately by reply email and delete this message and all attachments. NOTICE: The information contained in this transmission is or may be protected by the attorney-client and/or the attorney work product privilege and is confidential. It is intended only for the use of the individual or entity identified above. If the reader of this message is not the intended recipient you are hereby notified that any dissemination or distribution of the accompanying communication is prohibited. No applicable privilege is waived by the party sending this communication. If you have received this communication in error, please notify us immediately by reply and delete the original message from your system. Circular 230 Disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.