2017-076 Conveyance PlatsDate: October 27, 2017 Report No. 2017-076
INFORMAL STAFF REPORT
TO MAYOR AND CITY COUNCIL
SUBJECT:
Conveyance Plats and City Requirements
EXECUTIVE SUMMARY:
Procedurally, there are two (2) ways for obtaining an approval for a Conveyance Plat (see Sec.
35.16.17.2.C) in the City of Denton:
1. Administrative. Approval by the Development Review Committee (DRC) Chair, if the
Conveyance Plat qualifies as a Minor Plat pursuant to Tex. Local Government Code §
212.0065 (and DDC Sec. 35.16.15).
o Minor Plat - four or fewer lots fronting on an existing street and not requiring the
creation of any new street or the extension of municipal facilities.
2. Planning and Zoning Commission. Approval of conveyance plats not qualifying as a
minor plat or minor plats referred by the DRC Chair if not approved administratively.
The Planning and Zoning Commission must:
o Approve;
o Approve with conditions that insure compliance with the requirements of
Subchapter 16, Subdivisions; or
o Deny
a Conveyance Plat no later than thirty (30) days from the date of application.
Standards for approval relate to dedication or reservation of right of way.
BACKGROUND:
1. Texas Local Government Code
Texas Local Government Code § 212.004 Plat Required, states the following:
a) The owner of a tract of land located within the limits or in the
extraterritorial jurisdiction of a municipality who divides the tract in
two or more parts to lay out a subdivision of the tract, including an
addition to a municipality, to lay out suburban, building, or other lots,
or to lay out streets, alleys, squares, parks, or other parts of the tract
intended to be dedicated to public use or for the use of purchasers or
owners of lots fronting on or adjacent to the streets, alleys, squares,
parks, or other parts must have a plat of the subdivision prepared.
A division of a tract under this subsection includes a division regardless
of whether it is made by using a metes and bounds description in a deed
of conveyance or in a contract for a deed, by using a contract of sale or
other executory contract to convey, or by using any other method.
Date: October 27, 2017 Report No. 2017-076
A division of land under this subsection does not include a division
of land into parts greater than five acres, where each part has access and
no public improvement is being dedicated.
[Emphasis Added]
While the Texas Local Government Code does not explicitly define or mention conveyance
plats, Sec. 212.0045, authorizes a municipality “to determine whether specific divisions of
land are required to be platted, a municipality may define and classify the divisions. A
municipality need not require platting for every division of land otherwise within the scope
of this subchapter.”
Sec. 212.0065 of the Texas Local Government Code classifies minor plats or replats as
having four or fewer lots fronting on an existing street and not requirin g the creation of any
new street or the extension of municipal facilities.
2. Denton Development Code
The primary way of platting is through a preliminary plat and/or final plat. The Denton
Development Code (DDC) defines those as follows:
Preliminary Plat: A preliminary plat is intended to provide sufficient
information to evaluate and review the general design of the development to
insure compliance with the Code and specifications. Where a general
development plan is required, the preliminary plat shall conform to the
approved development plan.
Final Plat: The final plat is intended to serve as the official recorded map and
plat of the property to be subdivided or developed, showing thereon the
boundaries, lots, public streets and easements and public facilities and features
which are necessary to serve the development, as required. The final plat shall
conform to the preliminary plat, when a preliminary plat is permitted or
required.
Conversely, a Conveyance Plat may be used solely for the purpose of subdividing land and
the recording of same, or recording a single existing lot or parcel created by other means. A
conveyance plat may be used to convey the property or interests therein; however, a
conveyance plat does not constitute approval for development of the property. A conveyance
plat is an interim step in the subdivision of land and shall contain a notation that indicates
that no development is intended. The Denton Development Code (DDC) defines a
conveyance plat as:
An Interim Plat recording the subdivision of property or defining a remainder of
property created by the approval of a Final Plat for sole purpose of conveying
land and not for development for a portion of property, where approval of final
development plans is not sought.
Date: October 27, 2017 Report No. 2017-076
Standards for Approval (DDC Sec. 35.16.17.2)
1. Reservation of rights-of-way. Conveyance plats must identify any future
rights-of-way for public thoroughfares and streets specified on the City's
thoroughfare plan. The identification of the right-of-way does not grant any
right or interest in the property to the City or other entity. The final alignment
may be adjusted upon Final Platting in order to meet engineering design
standards.
2. Dedication of rights-of-way. Dedication of right-of-way shall be required
where a Conveyance Plat is used to record the remainder of a tract created by
the Final Platting of a portion of the property. The required right-of-way
dedication shall be limited to that which is necessary to provide access to the
property proposed for Final Plat approval and to complete turn lanes,
intersections and transitions in road pavement width resulting from
development of property proposed for Final Plat approval.
DISCUSSION:
The conveyance plat is a drawing of an individual property and are usually used to identify
property lines and can include easements. These plats usually accompany a deed as an exhibit or
are included with documents that are required for sale of a property. Conveyance plats, that are
not minor plats, do not fulfill the subdivision platting requirement of Local Government Code or
the DDC Subdivision requirements and include a notation prohibiting any development to occur.
The Texas Local Government Code requires platting (in some form) for a division of a tract
regardless of whether it is made by using a metes and bounds description in a deed of
conveyance or in a contract for a deed, by using a contract of sale or other executory contract to
convey, or by using any other method. The form of platting that is used by the City of Denton is
a conveyance plat.
As a matter of policy, the following should be discussed:
1. Should the City of Denton require conveyance plats for the sale/conveyance of
property?
a. If so, should the City of Denton require dedication or reservation of right of
way, prior to the sale of property through a conveyance plat?; or
Should the dedication or reservation of right of way occur at time of
subdivision platting?
b. If so, since a conveyance plat is not technically a subdivision plat and does
not permit development to occur, should the applicant be required to go to
the Planning and Zoning Commission for approval, or should it be done
administratively?
Date: October 27, 2017 Report No. 2017-076
CONCLUSION:
Conveyance plats allow a property owner to subdivide land that is not intended for immediate
development for the purposes of sale. Conveyance plats could also allow a property owner to
record the remainder of a parent tract that is larger than five acres, and that is created by the
record platting of a portion of a parent tract.
A conveyance plat also generally allows for the subdivision of property into parcels that are
smaller than five acres, in order to record the transfer of ownership without requiring
construction or design of public improvements or collection of development fees.
If the dedication or reservation of right of way is deferred until the subdivision plat, the
purchaser of a property may not be aware of such requirement, unless a comprehensive due
diligence report is prepared for the property.
ATTACHMENT(S):
1. Texas Local Government Code Requirements – Chapter 212
2. Denton Development Code Requirements
3. City of Denton Conveyance Plat Application and Checklist
STAFF CONTACT:
Richard Cannone, AICP
Interim Planning Director
Richard.Cannone@cityofdenton.com
940-349-8507
Page 1
DENTON DEVELOPMENT CODE – EXCERPTS FROM SUBCHAPTER 16, SUBDIVISIONS
35.16.17. - Conveyance Plat.
A. Purpose.
A Conveyance Plat may be used solely for the purpose of subdividing land and the recording of
same, or recording a single existing lot or parcel created by othe r means. A Conveyance Plat
may be used to convey the property or interests therein; however, a Conveyance Plat does not
constitute approval for development of the property. A Conveyance Plat is an interim step in the
subdivision of land and shall contain a notation that indicates that no development is intended.
B. Applicability.
A Conveyance Plat may be used in lieu of a Final Plat to record the subdivision of property,
provided that no portion of the development is intended for immediate development.
C. Filing.
No Final Plat processed and approved in association with a Conveyance Plat shall be filed without
the concurrent filing of the associated approved Conveyance Plat.
35.16.17.1. Effect of Approval.
A. Conveyance Plat approval and acceptance by the City does not relieve the owner from
obligations, including fees, required by other sections of this or any other Chapter of the City Code
pertaining to the improvement of the property or extension of services as required to make the
property suitable for development.
B. Neither reservation nor dedication of right-of-way shall relieve the property owner from any
obligation for street construction or assessments associated with public street improvement
programs. Easements for access, utilities and drainage may be recorded on Conveyance Plats.
C. No Building Permits shall be issued nor development begin, nor permanent utility service provided
for land which has only received approval as a Conveyance Plat. This information shall be set
forth in bold type on the Plat.
D. A Conveyance Plat may be vacated, replatted or superseded in total or in part by thorough
compliance with the procedures and requirements of this Subchapter.
35.16.17.2. Conveyance Plat Requirements.
A. Application.
The property owner shall submit an application for a Conveyance Plat, together with other
supporting documents and fees, to the Director in accordance with the requirements of the
Application Criteria Manual. Conveyance plats that qualify as minor plats may be approved by
the Chairman of the Development Review Committee. A Conveyance Plat shall contain such
information that may be required by the Development Review Committee which is reasonably
necessary to review and determine whether the proposed development and required fac ilities
meet the requirements of this Subchapter and as required by the Application Criteria Manual.
B. Standards for Approval.
The Planning and Zoning Commission shall approve the Conveyance Plat if the Plat complies
with the following statements:
Page 2
1. Reservation of rights-of-way. Conveyance plats must identify any future rights -of-way for
public thoroughfares and streets specified on the City's thoroughfare plan. The identification
of the right-of-way does not grant any right or interest in the property to the City or other
entity. The final alignment may be adjusted upon Final Platting in order to meet engineering
design standards.
2. Dedication of rights-of-way. Dedication of right-of-way shall be required where a
Conveyance Plat is used to record the remainder of a tract created by the Final Platting of a
portion of the property. The required right-of-way dedication shall be limited to that which is
necessary to provide access to the property proposed for Final Plat approval and to complete
turn lanes, intersections and transitions in road pavement width resulting from development
of property proposed for Final Plat approval.
C. Approval Procedure.
1. Conveyance plats shall be approved provided they comply with all requirements of this
Subchapter. The Planning and Zoning Commission must approve, approve with conditions
that insure compliance with the requirements of this Subchapter or deny a Conveyance Plat
no later than thirty (30) days from the date of application. A Conveyance Plat qualifying as a
minor Plat shall be reviewed and acted upon by the Development Review Committee.
2. Signing and filing. After the approval of the Conveyance Plat by the Planning and Zoning
Commission or Development Review Committee, the property owner or his engineer sha ll
submit filing fees and the required number of copies for filing to the City for filing with the
county. Having submitted all copies and fees, the owner may request a delay of filing for up
to one hundred eighty (180) days from the date of approval. Any Conveyance Plat which has
not been filed with the county within one hundred eighty one (181) days of the date of
approval shall be void. Prior to filing with the county, the property owner may withdraw and
void a Conveyance Plat. Any Conveyance Plat withdrawn or voided must be resubmitted
under current regulations and procedures and reapproved by the Planning and Zoning
Commission or Development Review Committee and filed with the county. Prior to filing, the
chairperson of the Planning and Zoning Commission or the Development Review
Committee, whichever is applicable, shall sign the Conveyance Plat. The City Engineer shall
forward one (1) copy of the recorded Conveyance Plat to the property owner.
35.16.15. - Minor Plat.
The Chairman of the Development Review Committee or the Planning and Zoning Commission
may approve a minor Plat pursuant to Tex. Loc. Gov't. Code § 212.0065, as amended. The
Chairman of the Development Review Committee at his discretion may refer the minor Plat to the
Planning and Zoning Commission. The Chairman of the Development Review Committee shall
not disapprove a minor Plat but shall refer such Plat to the Planning and Zoning Commission if
he recommends disapproval.
Conveyance Plat Application and Checklist
Page 1 of 4
DEPARTMENT OF DEVELOPMENT SERVICES
Development Services Center – 215 W. Hickory Street – Denton, Texas 76201 voice: (940) 349-8541
www.cityofdenton.com
Property Information:
Project Name: Parcel(s) Tax ID# (Required):_________________
Project Address (Location): ______________________________________________________Total Acres: _______
Previous Project Number (If Applicable):_____________________________________________________________________
Existing Zoning: __________ ______ # of Existing Lots: _________________ # of Existing Units: __ ____ ________________
Proposed Zoning: ________________# of Proposed Lots: ________________# of Proposed Units:_______ ______________
For Plats Only: This waiver must be completed for all Plat applications; failure to do so will result in the rejection of your application.
I waive the statutory time limits in accordance with Section 212 of the Texas Local Government Code.
SIGNATURE:
Owner Information and Authorization:
Name: _________________________________________________________________________________________________________________
Company Name: ____________________________________________________________________________________________________
Address: ___________________________________________________________________________________________________
Telephone: Email: ___________________________________________________
CHECK ONE OF THE FOLLOWING:
I will represent the application myself; or
I hereby designate (name of project representative) to act in the
capacity as my agent for submittal, processing, representation, and/or presentation of this development
application. The designated agent shall be the principal contact person for responding to all requests for
information and for resolving all issues of concern relative to this application.
I hereby certify that I am the owner of the property and further certify that the information provided on this
development application is true and correct. By signing below, I agree that the City of Denton (the “City”) is
authorized and permitted to provide information contained within this application to the public. The City is
also authorized and permitted to reproduce any copyrighted information submitted in connection with the
application, if such reproduction is associated with the application in response to a Public Information
Request.
Owner's Signature: Date:
STATE OF TEXAS COUNTY OF BEFORE ME, a Notary Public, on this______
day personally appeared (printed owner’s name) the above signed, who, under oath, stated the following:
“I hereby certify that I am the owner, for the purposes of this application; that all information submitted herein is true and correct.”
SUBSCRIBED AND SWORN TO before me, this the day of , 20 .
________________________________________________
Notary Signature (seal)
Conveyance Plat Application and Checklist
Page 2 of 4
DEPARTMENT OF DEVELOPMENT SERVICES
Development Services Center – 215 W. Hickory Street – Denton, Texas 76201 voice: (940) 349-8541
www.cityofdenton.com
Please note that this checklist is intended to assist developers and design professionals in the preparation of submittals for
DRC review and are generally what is needed to facilitate the review of the proposed Conveyance Plat. A submittal of a
complete application will facilitate a timely review. Failure of the applicant to provide required information or obtain a waiver
from the DRC Chair will result in application not being processed. Under special circumstances, additional items may be
required through the Development Review Committee process prior to approval.
Items to be submitted:
Application and Checklist
Associated Fee(s): as listed on the Development Review Fee Schedule.
Project Narrative: Written proposal for the project.
Conveyance Plat: Plats will be drawn on a sheet size of 24” x 36” with a 3” x 3” clear box in the right hand corner (these
are county requirement for filing). Smaller or larger sheet size may be accepted only if approved by Development Review
Committee (DRC) Chair. Plats will be drawn to a scale no smaller than 1” = 100’ unless otherwise approved by the DRC
Chair.
24” x 36” Engineering/Support Documents if required. Engineering/support documents are required for all public
improvements, including sidewalks. Engineering/support documents will be drawn to a plan view scale not smaller than
1” = 100’ with exception to the drainage area map which may be a scale not smaller than 1” = 400’ unless otherwise
approved by the DRC Chair.
All documents shall bear appropriate seals, stamps or other validations/certifications of work as applicable in accordance
with State law and local requirements.
Conveyance Plat Checklist: I have reviewed the checklist and all submittals for completeness and accuracy.
All documents are required to be PDF files, each sheet will be a single item and will be uploaded into ProjectDox
General Information:
A conveyance plat may be used solely for the purpose of subdividing land and the recording of same, or recording a single
existing lot or parcel created by other means. A conveyance plat may be used to convey the property or interests therein;
however, a conveyance plat does not constitute approval for development of the property. A conveyance plat is an interim
step in the subdivision of land and shall contain a notation that indicates that no development is intended. A conveyance plat
may be used in lieu of a final plat to record the subdivision of property, provided that no portion of the development is
intended for immediate development. For more information see Section 35.16.17 of the Denton Development Code.
Applicant information required: the applicant, owner and contact information on the application must be provided in
entirety. If the applicant, property owner or contact is the same, note as such. The contact should be the name of the principal
design professional (i.e. a surveyor or engineer) preparing the plat document. If multiple design professionals are involved in
the preparation of the plat document, list the principal design professional. All correspondence relating to the plat will be
directed to the contact designated on the application.
Owner signature: the final plat application is required to be signed by the current property owner. If the property owner is
not available to sign the application, then a letter of authorization from the property owner is required to be submitted which
empowers a designee to sign for the property owner.
Acceptance of plat application: All plat applications will be reviewed for completeness in accordance with this checklist
before they are accepted by City Staff. Failure of applicant to provide required information or obtain waiver from DRC
Chair constitutes grounds for refusal of plat acceptance for processing; or staff recommendation of denial when
application is scheduled for consideration.
Standards for approval and approval procedure: The Planning and Zoning Commission of the City of Denton shall
approve the conveyance plat if it complies with the standards for approval listed in Section 35.16.17.2(B) of the Denton
Conveyance Plat Application and Checklist
Page 3 of 4
DEPARTMENT OF DEVELOPMENT SERVICES
Development Services Center – 215 W. Hickory Street – Denton, Texas 76201 voice: (940) 349-8541
www.cityofdenton.com
Development Code. The Planning and Zoning Commission must approve, approve with conditions that insure compliance
with the Denton Development Code, or deny a conveyance plat within thirty (30) days of its date of application. A conveyance
plat qualifying as a minor plat shall be reviewed and acted upon by the Development Review committee. See Section
35.17.17.2(C)(2) for filing procedures.
Expiration of Conveyance Plat: any conveyance plat, which has not been filed with the county within one hundred eighty
one (181) days of the date of approval, shall become null and void.
Conveyance Plat Shall Contain:
North arrow, written and graphic scale, and date of preparation, key map showing the location of the development in
relation to existing streets and highways and dates of preparation and revisions.
The boundary lines with accurate distances and bearings to the exact location and width of all existing or recorded streets
intersecting the boundary of the tract.
True bearings and distances to the nearest established official monuments or state plane coordinates, which shall be
accurately described on the plat; municipal, township, county or section lines accurately tied to the lines of the subdivision
or addition by distances and bearings.
An accurate location of the subdivision or addition with reference to the abstract and survey records of the County.
The exact layout including:
Street names (if known or proposed).
The length of all arcs, radii, internal angles, points of curvature length, and bearings of the tangents.
Easements and rights-of-way specifying their provision by dedication or reservation.
All lot numbers and lines with accurate dimensions in feet and hundredths of feet with bearings and angles to street
and alley lines.
The identification, location and size of all existing gas, petroleum, or similar common carrier easements located within or
on the boundary of the development. If no easements or pipelines are located on the property, add a note to that effect.
The accurate location, material, and approximate size of all survey monuments and corners.
The accurate outline of all property that is offered for dedication for public use with the purpose indicated thereon.
Proposed name of the subdivision or addition.
Name and address of the property owner.
Certification by a registered professional land surveyor to the effect that the plat represents a survey made by him or her
and that all the monuments shown thereon actually exist, and their location, size and material description are correctly
shown.
The applicant shall also submit the following with his or her application for approval of a conveyance plat:
Certificates to properly dedicate easements or rights-of-way as may be necessary.
A certificate of ownership and dedication of all street and alley rights-of-way to public use forever, signed and
acknowledged before a notary public by the owner and lien holder, if any, of the land along with complete and accurate
description of the land subdivided and streets dedicated, where applicable, except as provided in Section
35.16.17.2(B)(2).
Acknowledgement to be placed on plat. All conveyance plats must be titled “Conveyance Plat” and carry the following
text:
“A conveyance plat is a record of property approved by the City of Denton for the purpose of sale or conveyance in its
entirety or interests thereon defined. No building permit may be issued, nor development begin, nor permanent public
Conveyance Plat Application and Checklist
Page 4 of 4
DEPARTMENT OF DEVELOPMENT SERVICES
Development Services Center – 215 W. Hickory Street – Denton, Texas 76201 voice: (940) 349-8541
www.cityofdenton.com
utility service provided until a final plat is approved, filed of record and public improvements are accepted in accordance
with the provisions of the Subdivision and Land Development Regulations of the city of Denton. Selling a portion of this
property by metes and bounds, except as shown on an approved, filed and accepted conveyance plat, final plat or replat is
a violation of the city ordinance and state law.”
All documents shall bear appropriate seals, stamps or other validations/certifications of work as applicable in accordance
with State law and local requirements.
Requirements for Recording Plat:
Plats shall be filed prior to formal acceptance of any public improvements and prior to issuance of building permits. In order
to comply with the county’s plat filing requirements, the following must be completed on the final plat document.
All documents shall bear appropriate seals, stamps or other validations/certifications of work as applicable in accordance
with State law and local requirements.
All stamps and seals must be legible.
Tax certificates are required with the filing of each plat from all taxing entities.
All property owner signatures must be original and acknowledged (notary public) and each name must be printed below
each signature.
A 3” X 3” box in the bottom right-hand corner is requested on the plat in order to print recording information.
A fee of $50 is required for each page of the plat filed plus $0.25 for each page of each copy the applicant requests returned.
Once the execution package is received, all items will be reviewed. Any discrepancies in the plat documents or development
contracts may delay the filing of the final plat. Development contracts must be approved prior to filing the final plat at the
county courthouse. Any omission of the above listed items may delay the filing of the final plat. Staff will obtain signatures
from the City Secretary and the Planning and Zoning chairperson prior to filing.