Kansas Statutes 58-3115. Recording; plat not recorded, when
Terms Used In Kansas Statutes 58-3115
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Condominium: means "property" as hereinafter defined. See Kansas Statutes 58-3102
- condominium unit: means a part of the property intended for any type of independent use whether residence, office, the operation of any industry or business or other use, including one or more rooms or enclosed spaces located on one or more floors (or part or parts thereof) in a building, and with a direct exit to a public street or highway or to a common area leading to such street or highway. See Kansas Statutes 58-3102
- Convertible land: shall mean a building site for one or more proposed additional condominium units within the submitted land which may be created in accordance with the declaration and this act. See Kansas Statutes 58-3102
- Declaration: means the instrument by which the property is submitted to the provisions of this act as hereinafter provided, and such declaration as from time to time may be lawfully amended. See Kansas Statutes 58-3102
- Expandable condominium: shall mean a condominium to which additional real property may be added in accordance with the provisions of the declaration and of this act. See Kansas Statutes 58-3102
- Property: means and includes the land, the building, all improvements and structures thereon, all owned in fee simple absolute and all easements, rights and appurtenances belonging thereto, and all articles of personal property intended for use in connection therewith, which have been or are intended to be submitted to the provisions of this act. See Kansas Statutes 58-3102
- Recording officer: means the register of deeds of the county in which the property is located. See Kansas Statutes 58-3102
- Submitted land: shall mean real property, and any incidents thereto or interests therein, lawfully submitted to the provisions of this act as hereinafter provided. See Kansas Statutes 58-3102
(a) The declaration, any amendment or amendments thereof, any instrument by which the provisions of this act may be waived, and every instrument affecting the property or any apartment or condominium unit shall be entitled to be recorded. Neither the declaration nor any amendment thereof shall be valid unless duly recorded.
(b) In addition to records and indexes required to be maintained by the recording officer, the recording officer shall maintain an index or indexes whereby the record of each declaration contains a reference to the record of each conveyance of an apartment or condominium unit affected by such declaration, and the record of each conveyance of an apartment or condominium unit contains a reference to the declaration of the property of which it is a part.
(c) There shall be recorded simultaneously with the declaration one or more plats of survey showing the legal description, the location and dimensions of the submitted land, any convertible lands within the submitted land and any additional land if the condominium is an expandable condominium. The plat of survey shall further show the location and dimensions of all existing condominium units and common areas and facility improvements of the submitted land. When converting all or any portion of any convertible land or adding additional land to an expandable condominium, the declarant shall record amended plats of survey which shall show the location and dimensions of all existing condominium units and common area and facility improvements upon the convertible or additional land.
(d) The register of deeds shall not record any plat of survey pursuant to this act unless such plat of survey is accompanied by a receipt from the county treasurer for real estate taxes and assessments on the submitted land in accordance with Kan. Stat. Ann. § 19-1207(b), and amendments thereto.