Chapter 16.20
FINAL MAPS--PARCEL MAP APPROVAL
Sections:
16.20.010 Conformance to title and state law.
16.20.020 Survey of remainders.
16.20.030 Field survey--Monumentation.
16.20.040 Initiating final map preparation.
16.20.060 Submittal to city engineer.
16.20.070 Certificates--Parcel maps.
16.20.080 Certificates--Final subdivision maps.
16.20.090 Improvement security.
16.20.120 Final map preparation and contents.
16.20.010 Conformance to title and state law.
The content and form of final maps and parcel maps shall be in accordance with Chapter 2, Articles 2 and 3 of the Subdivision Map Act and this title. (Ord. 250 §6.10, 1981)
16.20.020 Survey of remainders.
All remainders less than ten acres in size shall be surveyed in accordance with Section 16.20.030 prior to sale. (Ord. 250 §6.11, 1981)
16.20.030 Field survey--Monumentation.
A. All final or parcel maps shall be based upon a field survey made in conformity with the Land Surveyors Act. Monuments shall be placed at each corner of each parcel, at all angle points, and at the beginning and endings of all curves.
Right-of-way lines of city streets or streets to be offered to the city shall be monumented. All monuments shall be a minimum of five-eighths-inch diameter steel rods thirty inches long where possible. Properly marked brass caps shall be placed at all section, quarter-section and sixteenth corners. Sixteenth corners shall be set within the area being surveyed.
B. A final or parcel map may be compiled from record data when a record map delineates the exterior boundary of the land being divided and monumentation exists that completely delineates the parcels being formed. (Ord. 250 §6.12, 1981)
16.20.040 Initiating final map preparation.
At any time before the expiration of an approved tentative map the subdivider may cause the subdivision or a logical part thereof to be accurately surveyed and a final map prepared and presented to the city council for approval, provided:
A. That the required fees have been paid;
B. The subdivider has complied with the soil report requirement of this chapter;
C. A preliminary title report verifying clear title to the subdivision has been submitted to the city engineer;
D. The subdivider has complied with the improvement agreement and bonding requirements adopted by the city council;
E. The subdivider has complied with all conditions of the tentative map;
F. The subdivider has received authorization from the city council for phased development if less than the total subdivision is represented on the final map;
G. The final map has been reviewed by the city engineer in accordance with Section 16.20.060. (Ord. 250 §6.14, 1981)
16.20.050 Submission package.
A. The applicant shall include with the parcel map:
1. The required fees;
2. The preliminary title report;
3. The deeds establishing all existing and proposed easements and rights-of-way on the property;
4. Copies of all lot and boundary closures.
B. The developer shall also comply with all requirements of the planning commission and the design standards as adopted by the city council. (Ord. 250 §6.16, 1981)
16.20.060 Submittal to city engineer.
Final and parcel maps shall be submitted to the city engineer for his examination prior to recording.
A. When the engineer deems that the final or parcel map is in substantial conformity with the approved application and its conditions, the Subdivision Map Act and this title, he shall so certify on the map and within twenty days of submission or resubmission present the map to the county recorder for recording in the official records of the county in accordance with Section 16.20.110 of this title.
B. The city engineer shall receive from each officer or responsible department a written report establishing compliance or noncompliance with the approved tentative map. When all letters from departments of concern indicate that all conditions of the approved tentative map are in compliance, the city engineer shall request time on the agenda of the city council for final approval and resolution accepting offers of dedication. (Ord. 250 §6.18, 1981)
16.20.070 Certificates--Parcel maps.
The following certificates shall appear on parcel maps:
A. Title and Dedication Certificate.
The undersigned being the party(ies) having a record title interest in the lands delineated do hereby consent to the preparation and recordation of this parcel map thereof, and does (do) hereby irrevocably and in perpetuity offer to the City of Angels a dedication of all easements and rights-of-way that appear on this map.
_____________________ __________________________
(Owner Name) (Name and Title)
_____________________ __________________________
(Owner Name) (Name) (Title Company)
Trustee for Deed of Trust
__________OR__________Calaveras
County Records
B. Surveyor’s (Engineer’s) Certificate.
This map was prepared by me or under my direction (and was compiled from record data) (and is based upon a field survey) in conformance with the requirements of the Subdivision Map Act and local ordinance at the request of (name of person authorizing map) on (date). I hereby state that this parcel map substantially conforms to the approved or conditionally approved tentative map, if any.
(Signed) _____________________
R.C.E. (or L.S.) No. _____________________
C. Recorder’s Certificate.
Filed this ___ day of _______________, 19___, at ______ m. in Book _____ of _____, at page _____, at the request of __________________________________.
(Signed) _____________________
County Recorder
D. City Clerk’s Certificate. When offers of dedication are made the following certificate shall appear on the map:
All offers of dedication that appear on this map were (rejected/accepted) by the Angels City Council on ____________ ____ ___________, 19___ by Resolution Number ____________.
(Signed) _____________________
E. City Engineer’s Certificate.
This map conforms with the requirements of the Subdivision Map Act and local ordinances.
(Signed) _____________________
(Date) _____________________
(Ord. 250 §6.19(A), 1981)
16.20.080 Certificates--Final subdivision maps.
Subdivision final maps shall contain the following certificates:
A. A signed and acknowledged certificate of the owners of land consenting to preparation and recording of the final map as required by Section 66436 of the Subdivision Map Act;
B. The certificate of the owners of the land offering for dedication to the public those parcels designated upon the final map to be devoted to public purposes as, required by Section 66439 of the Subdivision Map Act;
C. The certificate of the engineer or surveyor responsible for the survey and final map that he made the survey, that it is true and complete as shown on the map and that the required monuments are set and are sufficient to retrace the survey, as required by Section 66495 of the Subdivision Map Act;
D. The certificate of the city engineer that he has examined the final map, that it is substantially the same as the tentative map and any approved alterations thereof, that all provisions of the Subdivision Map Act and this title have been satisfied, and that the map is technically correct as required by Section 66442 of the Subdivision Map Act;
E. The certificate of the redemption officer (Calaveras County treasurer) that the requirements of Sections 66492 through 66494 of the Government Code, relative to the payment of unpaid state, county, city or local taxes or special assessments, are in compliance;
F. The certificate of the city clerk that the city council approved the map and accepted or rejected any parcel offered for dedication to public use, as required by Sections 66440 of the Subdivision Map Act;
G. The certificate of the county recorder that the map is accepted by him for recording in his office as required by Section 66461 of the Subdivision Map Act;
H. Any other certificates required by the Subdivision Map Act or this title. (Ord. 250 §6.19(B), 1981)
16.20.090 Improvement security.
Any improvement agreement required or authorized by this chapter or the Subdivision Map Act for which security is required shall comply with the provisions of this section and Section 66499 of the Subdivision Map Act.
A. Improvement security shall be by: (1) bond or bonds, (2) cash, or (3) certificate of deposit; provided, that the city of Angels may, upon the request of a developer or subdivider, accept (but shall not be required to accept) recorded special assessment liens levied upon such developer’s or subdivider’s property and recorded pursuant to the Municipal Improvement Act of 1913 (Sections 10000 and following, California Streets and Highways Code), as amended from time to time, as improvement security for the construction and installation of the improvements authorized by such special assessment legal proceedings. The amount of security shall be based upon an approved engineer’s estimate and be in an amount established by resolution of the city council; provided, that in the case of special assessment liens, the amount of security shall be based upon the engineer’s report approved by resolution in the special assessment proceedings.
B. The improvement security given for the faithful performance of any act shall be released upon the final completion and acceptance of the act or work subject to the following:
1. The city engineer may release a portion of the security in conjunction with the acceptance of the performance of the act or work as it progresses upon application by the subdivider; provided, however, that no such release shall be for an amount less than forty-five percent of the total of the total improvement security given for faithful performance of the act or work and that the security shall not be reduced to an amount less than twenty-five percent of the total improvement security given for faithful performance until final completion and acceptance of the act or work. In no event shall the city engineer authorize a release of the improvement security which would reduce such security to an amount below that required to guarantee the completion of the act or work and any other obligation imposed by this title, the Subdivision Map Act or the improvement agreement.
2. Security given to secure payment to the contractor, his subcontractors and to persons furnishing labor, materials or equipment may, six months after the completion and acceptance of the act or work, be reduced to an amount of all claims therefor filed and of which notice has been given to the city council. An additional amount reasonably determined by the city engineer shall be required to assure the performance of any other obligations secured thereby. The balance of the security shall be released upon the settlement of all such claims and obligations for which the security was given.
3. In the event that a certificate states that all monuments will be set on or before a specified later date, the subdivider shall furnish a bond or cash deposit in an amount equal to the estimated cost of setting such monuments, not already set prior to recording of the final map. Upon payment to the engineer or-surveyor for setting the final monuments, the subdivider shall present to the governing body evidence of such payment and a receipt thereof by the engineer or surveyor, together with a request that his bond be released or that his cash deposit be returned. The bond shall be released or the cash deposit shall be returned to the depositor within ten days of the verification.
4. Prior to release of security set forth in this section the subdivider shall provide the city security guaranteeing the maintenance of all improvements for a period of one year. No security given for the guaranty or warranty of work shall be released until the warranty period has expired. (Ord. 343 §1, 1995; Ord. 250 §6.20, 1981)
16.20.100 Soils report.
Prior to submitting a final map with the city engineer, a soils report shall be provided as follows:
A. Preliminary Soil Report. The subdivider shall file a preliminary soil report with the city. The report shall be prepared by a geologist or civil engineer who is registered by the state, and shall be based upon adequate test boring or excavations, in the subdivision.
B. Soil Investigation. When the preliminary soil report indicates the presence of critically expansive soils or other soil problems which, if not corrected, would lead to structural defects, a soil investigation of each lot in the subdivision shall be prepared by a civil engineer who is registered by the state of California. The soil investigation shall recommend corrective action which is likely to prevent structural damage to each dwelling proposed to be constructed on the expansive soil. The report shall be filed with the city. (Ord. 250 §6.21, 1981)
16.20.110 Recording.
After the city clerk has executed the certificate of approval of the city council, the final map shall be submitted to the county recorder for recording. Within ten days after a final map is submitted for recording, the county recorder shall accept it for recordation by executing a certificate to that effect on the face of the map providing:
A. The subdivider has furnished to the county recorder a guarantee of title or letter from a title company certifying that the names of all persons whose consent is necessary to pass clear title to the land being subdivided, and all acknowledgements thereto appear on the certificates, consenting to the making of the map and making offers of dedication, which are correctly shown on the final map;
B. The subdivider has furnished to the county recorder the original tracing of the final map;
C. That there has been compliance with all provisions of the Subdivision Map Act and the provisions of this title;
D. Acceptance for recordation will be allowed if made within twenty-four months after approval of the tentative map of the subdivision, plus any extensions granted by the planning commission or city council entered in its minutes. -(Ord. 250 §6.22, 1981)
16.20.120 Final map preparation and contents.
The final map shall be prepared by or under the direction of a registered civil engineer or licensed land surveyor, shall be based upon a survey in accordance with the Land Surveyors Act and shall conform to all of the following provisions:
A. It shall be legibly drawn, printed or reproduced by a process guaranteeing a permanent record in black on tracing cloth or polyester base film. Certificates, affidavits and acknowledgements may be legibly stamped or printed upon the map with opaque ink. If ink is used on polyester base film, the ink surface shall be coated with a suitable substance to assure permanent legibility.
B. The size of each sheet shall be eighteen by twenty-six inches. A marginal line shall be drawn completely around each sheet leaving an entirely blank margin of one inch. The scale of the map shall be large enough to show all details clearly and enough sheets shall be used to accomplish this end. The particular number of the sheet and the total number of sheets composing the map shall be stated on each of the sheets, and its relation to each adjoining sheet shall be clearly shown.
C. The tract designation and drawings, certificate, acknowledgements, endorsements, offers and acceptances of dedication and notarial seals shall be within the marginal lines. The first sheet of the map shall contain all certificates, including owner’s consent to subdivision, and all acknowledgements, endorsements, offers and acceptances of dedication and notarial certificates as required by the Subdivision Map Act and this title and no signed certificates shall appear on any other sheet.
D. The title sheet of the final map shall contain the tract number and designation and such other descriptive matter as may be necessary. Below the tract designation shall appear a subtitle consisting of a general description of all the property being subdivided by reference to recorded deeds or to maps which have been previously recorded or by reference to the plat of a United States Survey. Reference to tracts and subdivisions in the description must be worded identically with original records and reference to book and page or record must be complete. The basis of bearing for the survey shall be clearly noted.
E. The final map shall particularly define and designate all lots or parcels, including those reserved for private purposes, all parcels offered for dedication for any purpose, with all dimensions, boundaries and courses clearly shown and defined in every case. No ditto marks shall be used. Parcels offered for dedication but not accepted shall be designated by letter. All parcels shall be shown in their entirety on at least one sheet.
F. The map shall show clearly what monuments or other evidences were found on the ground to determine the boundaries of the tract and the names of owners of adjoining properties.
G. The map shall show all information, data and monuments necessary to locate and retrace any and all exterior boundary lines and lot and block lines. It shall also show bearings and distances of straight lines and radii, and central angle and arc length for all curves, and such information as may be necessary to determine the location of the centers of curves, bearings and tangent distances and radii, central angle and arc lengths of all lots. Where streets intersect on curves, centerline lengths, radii deltas and centerline intersection points shall be shown.
H. Wherever the center of a street or alley has been established, the data shall be shown on the final map, indicating all monuments found and making reference to a field book or map. If the points were reset by ties, the fact shall be stated.
I. The map shall show all areas subject to inundation.
J. Each parcel shall be numbered and each block may be numbered or lettered. Each street shall be named.
K. The exterior boundary of the land included within the subdivision shall be indicated by distinctive symbols and clearly so designated. The map shall show the definite location of the subdivision and particularly its relation to surrounding surveys. A record of survey of the subdivision boundary shall be recorded prior to submittal of the final map or a separate sheet(s) contained with the final map shall clearly represent the boundary location and determination.
L. When a soils report has been prepared, this fact shall be noted on the final map, together with the date of the report and the name of the engineer making the report.
M. The total width of all street rights-of-way shall be shown, as well as the widths of rights-of-way for flood control or drainage channels and any other rights-of-way.
N. The map shall show all easements existing and proposed. Easements for storm drains, sewers, public utilities and other purposes shall be clearly defined. The width of easement and the length and bearings of the lines thereof and sufficient ties to definitely locate the easement with respect to the subdivision must be shown.
O. Road names shall be subject to the approval of the city council. (Ord. 250 §6.23, 1981)