Chapter 16.17
REVERSION TO ACREAGE
Sections:
16.17.010 Initiation of proceedings by owners.
16.17.020 Initiation of proceedings by city council.
16.17.050 Return of fees, deposits – Release of securities.
16.17.060 Recording of final subdivision/parcel map.
16.17.010 Initiation of proceedings by owners.
Proceedings to revert subdivided property to acreage may be initiated by petition of all of the owners of record of the property. The petition shall contain the following information and such other information as required by the city planner:
A. Evidence of title to the real property.
B. Evidence of the consent of all the owners of an interest in the property.
C. Evidence that none of the improvements required to be made have been made within two years from the date the final subdivision or parcel map was filed for record, or within the time allowed by agreement for completion of the improvements, whichever is later.
D. Evidence that no lots shown on the final subdivision map or final parcel map have been sold legally or equitably or encumbered for purposes of financing within five years from the date such final subdivision or parcel map was filed for record and evidence that reversion shall not prejudice any person acquiring any interest (equitably or legally) in said lot or lots after said date.
E. A tentative subdivision map in the form prescribed by EMC 16.04.040.
F. A final subdivision map in the form prescribed by EMC 16.06.020, which delineates dedications that will not be vacated and dedications required as a condition to reversion. (Ord. 510 § 2, 2007)
16.17.020 Initiation of proceedings by city council.
The city council at the request of any person or on its own motion may by resolution initiate proceedings to revert property to acreage. The city council shall direct the city planner to obtain the necessary information to initiate and conduct proceedings. (Ord. 510 § 2, 2007)
16.17.030 Fees.
Petitions to revert property to acreage shall be accompanied by a fee to cover the cost of processing and the public hearing(s). If the proceedings are initiated pursuant to EMC 16.17.020, the person or persons who requested the city council to initiate the proceedings shall pay the fee. (Ord. 510 § 2, 2007)
16.17.040 Proceedings.
A. The city council shall hold a public hearing on all petitions for, and city council initiations for, reversions to acreage. Notice of the public hearing on the proposed reversion to acreage shall be given not less than 10 days before the date of hearing in the following manner:
1. By publication in a newspaper of general circulation in the City of Escalon;
2. By mailing said notice to the owners of real property within 300 feet of the property that is the subject of the application;
3. By mailing or delivering said notice to the initiator and property owner or the owner's duly authorized agent;
4. By mailing or delivering said notice to each local agency expected to provide water, sewage, streets, roads, schools or other essential facilities or services to the proposed reversion to acreage and whose ability to provide those facilities or services may be significantly affected; and
5. Such other notice as is deemed necessary or desirable may be given.
B. The city council may approve a reversion to acreage only if it finds and records in writing that:
1. Dedications or offers of dedication to be vacated or abandoned by the reversion to acreage are unnecessary for present or prospective public purpose; and
2. Either:
a. All owners of an interest in the real property within the subdivision have consented to reversion; or
b. None of the required improvements have been made within two years from the date the final subdivision or parcel map was filed for record, or within the time allowed by agreement for completion of the improvements, whichever is later; or
c. No lots shown on the final subdivision or parcel map have been sold within five years from the date the map was filed for record.
C. The city council may require as conditions of reversion:
1. The owners dedicate or offer to dedicate streets or easements; and
2. The retention of all or a portion of previously paid subdivision fees, deposits or improvement securities, if the same are necessary to accomplish any of the provisions of this title. (Ord. 510 § 2, 2007)
16.17.050 Return of fees, deposits – Release of securities.
Except as provided in EMC 16.17.040, upon filing of the final subdivision map for reversion to acreage with the county recorder, all fees and deposits not expended or encumbered shall be returned to the current property owner and all improvement securities shall be released by the city council. (Ord. 510 § 2, 2007)
16.17.060 Recording of final subdivision/parcel map.
After the hearing before the city council and approval of the reversion, the final subdivision map or parcel map shall be delivered to the county recorder. Any map so submitted shall be accompanied by evidence of title and nonuse or lack of necessity of any streets or easements to be left in effect after the reversion shall be adequately delineated on the map. The reversion to acreage shall be effective upon either map being filed for record by the county recorder. The filing of the map shall constitute legal reversion to acreage of the land affected thereby, and shall also constitute abandonment of all streets and easements not shown on the map. The filing of the map also constitutes a merger of the separate parcels into one parcel for the purposes of this title and shall thereafter be shown as such on the assessment roll subject to the provisions of Section 66445 of the Government Code. Except as otherwise provided in Section 66445(f) of the Government Code, on any final parcel map used for reverting acreage, a certificate shall appear signed and acknowledged by all parties having any record title interest in the land being reverted, consenting to the preparation and filing of the final parcel map. (Ord. 510 § 2, 2007)