SECTIONS 66433-66443 - California Statutes

GOVERNMENT CODE

SECTION 66433-66443

66433. The content and form of final maps shall be governed by the
provisions of this article.

66434. 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, 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 acknowledgments
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 18 by 26 inches or 460 by 660
millimeters. A marginal line shall be drawn completely around each
sheet, leaving an entirely blank margin of one inch or 025
millimeters. 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 comprising the map shall be stated on each of the sheets, and
its relation to each adjoining sheet shall be clearly shown.
(c) All survey and mathematical information and data necessary to
locate all monuments and to locate and retrace any and all interior
and exterior boundary lines appearing on the map shall be shown,
including bearings and distances of straight lines, and radii and arc
length or chord bearings and length for all curves, and any
information that may be necessary to determine the location of the
centers of curves and ties to existing monuments used to establish
the subdivision boundaries.
(d) Each parcel shall be numbered or lettered and each block may
be numbered or lettered. Each street shall be named or otherwise
designated. The subdivision number shall be shown together with the
description of the real property being subdivided.
(e) (1) The exterior boundary of the land included within the
subdivision shall be indicated by distinctive symbols and clearly so
designated. The exterior boundary of the land included within the
subdivision shall not include a designated remainder or omitted
parcel that is designated or omitted under Section 66424.6. The
designated remainder or omitted parcel shall be labeled as a
designated remainder parcel or omitted parcel. The map shall show the
definite location of the subdivision, and particularly its relation
to surrounding surveys.
(2) If the map includes a "designated remainder" parcel, and the
gross area of the "designated remainder" parcel or similar parcel is
five acres or more, that remainder parcel need not be shown on the
map and its location need not be indicated as a matter of survey, but
only by deed reference to the existing boundaries of the remainder
parcel.
(3) A parcel designated as "not a part" shall be deemed to be a
"designated remainder" for purposes of this section.
(f) On and after January 1, 1987, no additional requirements shall
be included that do not affect record title interests. However, the
map shall contain a notation or reference to additional information
required by a local ordinance adopted pursuant to Section 66434.2.
(g) Any public streets or public easements to be left in effect
after the subdivision shall be adequately delineated on the map. The
filing of the final map shall constitute abandonment of all public
streets and public easements not shown on the map, provided that a
written notation of each abandonment is listed by reference to the
recording data or other official record creating these public streets
or public easements and certified to on the map by the clerk of the
legislative body or the designee of the legislative body approving
the map. Before a public easement vested in another public entity may
be abandoned pursuant to this section, that public entity shall
receive notice of the proposed abandonment. No public easement vested
in another public entity shall be abandoned pursuant to this section
if that public entity objects to the proposed abandonment.

66434.1. In the event that an owner's development lien has been
created pursuant to the provisions of Article 2.5 (commencing with
Section 17430) of Chapter 4 of Part 10.5 of the Education Code on the
real property or portion thereof subject to the final map, a notice
shall be placed on the face of the final map specifically referencing
the book and page in the county recorder's office in which the
resolution creating the owner's development lien was recorded. The
notice shall state that the property subdivided is subject to an
owner's development lien and that each parcel created by the
recordation of the final map shall be subject to a prorated amount of
the owner's development lien on a per acre or portion thereof basis.

66434.2. (a) On or after January 1, 1987, a city or county may, by
ordinance, require additional information to be filed or recorded
simultaneously with a final or parcel map. The additional information
shall be in the form of a separate document or an additional map
sheet which shall indicate its relationship to the final or parcel
map, and shall contain a statement that the additional information is
for informational purposes, describing conditions as of the date of
filing, and is not intended to affect record title interest. The
document or additional map sheet may also contain a notation that the
additional information is derived from public records or reports,
and does not imply the correctness or sufficiency of those records or
reports by the preparer of the document or additional map sheet.
(b) Additional survey and map information may include, but need
not be limited to: building setback lines, flood hazard zones,
seismic lines and setbacks, geologic mapping, and archaeological
sites.

66434.5. When a soils report, geologic report, or soils and
geologic report has been prepared specifically for the subdivision,
each report shall be kept on file for public inspection by the city
or county having jurisdiction.

66435. Prior to filing, those certificates, statements, and
acknowledgments set forth in this article shall appear on the final
map and may be combined where appropriate.

66435.1. Notwithstanding any other provision of this article, local
agencies may require that those certificates, statements, and
acknowledgments required by Sections 66436 and 66443, be made by
separate instrument to be recorded concurrently with the final map
being filed for record.

66435.2. Whenever a certificate, statement, or acknowledgment is
made by separate instrument, there shall appear on the final map a
reference to the separately recorded document. This reference shall
be completed by the county recorder pursuant to Section 66468.1.

66436. (a) A statement, signed and acknowledged by all parties
having any record title interest in the subdivided real property,
consenting to the preparation and recordation of the final map is
required, except in the following circumstances:
(1) A lien for state, county, municipal, or local taxes or special
assessments, a trust interest under bond indentures, or mechanics'
liens do not constitute a record title interest in land for the
purpose of this chapter or any local ordinance.
(2) The signature of either the holder of beneficial interests
under trust deeds or the trustee under the trust deeds, but not both,
may be omitted. The signature of either shall constitute a full and
complete subordination of the lien of the deed of trust to the map
and any interest created by the map.
(3) Signatures of parties owning the following types of interests
may be omitted if their names and the nature of their respective
interests are stated on the final map:
(A) (i) Rights-of-way, easements or other interests which cannot
ripen into a fee, except those owned by a public entity, public
utility, or subsidiary of a public utility for conveyance to the
public utility for rights-of-way. If, however, the legislative body
or advisory agency determines that division and development of the
property in the manner set forth on the approved or conditionally
approved tentative map will not unreasonably interfere with the free
and complete exercise of the public entity or public utility
right-of-way or easement, the signature of the public entity or
public utility may be omitted. Where that determination is made, the
subdivider shall send, by certified mail, a sketch of the proposed
final map, together with a copy of this section, to any public entity
or public utility which has previously acquired a right-of-way or
easement.
(ii) If the public entity or utility objects to either recording
the final map without its signature or the determination of the
legislative body or advisory agency that the division and development
of the property will not unreasonably interfere with the full and
complete exercise of its right-of-way or easement, it shall so notify
the subdivider and the legislative body or advisory agency within 30
days after receipt of the materials from the subdivider.
(iii) If the public entity or utility objects to recording the
final map without its signature, the public entity or utility so
objecting may affix its signature to the final map within 30 days of
filing its objection with the legislative body or advisory agency.
(iv) If the public entity or utility either does not file an
objection with the legislative body or advisory agency or fails to
affix its signature within 30 days of filing its objection to
recording the map without its signature, the local agency may record
the final map without the signature.
(v) If the public entity or utility files an objection to the
determination of the legislative body or advisory agency that the
division and development of the property will not unreasonably
interfere with the exercise of its right-of-way or easement, the
legislative body or advisory agency shall set the matter for public
hearing to be held not less than 10 nor more than 30 days of receipt
of the objection. At the hearing, the public entity or public utility
shall present evidence in support of its position that the division
and development of the property will unreasonably interfere with the
free and complete exercise of the objector's right-of-way or
easement.
(vi) If the legislative body or advisory agency finds, following
the hearing, that the development and division will in fact
unreasonably interfere with the free and complete exercise of the
objector's right-of-way or easement, it shall set forth those
conditions whereby the unreasonable interference will be eliminated
and upon compliance with those conditions by the subdivider, the
final map may be recorded with or without the signature of the
objector. If the legislative body or advisory agency finds that the
development and division will in fact not unreasonably interfere with
the free and complete exercise of the objector's right-of-way or
easement, the final map may be recorded without the signature of the
objector, notwithstanding the objections.
(vii) Failure of the public entity or public utility to file an
objection pursuant to this section shall in no way affect its rights
under a right-of-way or easement.
(viii) No fee shall be charged by a public entity, public utility,
subsidiary of a public utility, or objector for signing, omitting a
signature, or objecting pursuant to this section.
(B) Rights-of-way, easements, or reversions, which by reason of
changed conditions, long disuse, or laches appear to be no longer of
practical use or value and signatures are impossible or impractical
to obtain. A statement of the circumstances preventing the
procurement of the signatures shall also be stated on the map.
(C) Interests in, or rights to, minerals, including but not
limited to, oil, gas, or other hydrocarbon substances.
(4) Real property originally patented by the United States or by
the State of California, which original patent reserved interest to
either or both of those entities, may be included in the final map
without the consent of the United States or the State of California
to the map or to dedications made by it.
(b) No monetary liability shall be incurred by, and no cause of
action shall arise against, a local agency, a party, the subdivider,
the subdivider's agent, or the engineer or land surveyor who prepared
the map, on account of the omission of any signature, which omission
is authorized by this section.
(c) A notary acknowledgment shall be deemed complete for recording
without the official seal of the notary, so long as the name of the
notary, the county of the notary's principal place of business, and
the notary's commission expiration date are typed or printed below or
immediately adjacent to the notary's signature in the
acknowledgment.

66439. (a) Dedications of, or offers to dedicate interests in, real
property for specified public purposes shall be made by a statement
on the final map, signed and acknowledged by those parties having any
record title interest in the real property being subdivided, subject
to the provisions of Section 66436.
(b) In the event any street shown on a final map is not offered
for dedication, the statement may contain a declaration to this
effect. If the statement appears on the final map and if the map is
approved by the legislative body, the use of the street or streets by
the public shall be permissive only.
(c) An offer of dedication of real property for street or public
utility easement purposes shall be deemed not to include any public
utility facilities located on or under the real property unless, and
only to the extent that, an intent to dedicate the facilities is
expressly declared in the statement.
(d) (1) If a subdivider is required under this division or any
other provision of law to make a dedication for specified public
purposes on a final map, the local agency shall specify whether the
dedication is to be in fee for public purposes or an easement for
public purposes.
(2) If the dedication is required to be in fee for public
purposes, the subdivider shall include the following language in the
dedication clause on the final map or any separate instrument: "The
real property described below is dedicated in fee for public
purposes: (here insert a description of the dedicated property that
is adequate to convey the property)."
(3) If the dedication is required to be an easement for public
purposes, the subdivider shall include the following language in the
dedication clause on the final map or any separate instrument: "The
real property described below is dedicated as an easement for public
purposes: (here insert a description of the easement that is adequate
to convey the dedicated property)."

66440. The final map shall contain a certificate or statement for
execution by the clerk of each approving legislative body stating
that the body approved the map and accepted, accepted subject to
improvement, or rejected, on behalf of the public, any real property
offered for dedication for public use in conformity with the terms of
the offer of dedication.

66441. A statement by the engineer or surveyor responsible for the
survey and final map is required. His or her statement shall give the
date of the survey, state that the survey and final map were made by
him or her or under his or her direction, and that the survey is
true and complete as shown.
The statement shall also state that all the monuments are of the
character and occupy the positions indicated, or that they will be
set in those positions on or before a specified later date. The
statement shall also state that the monuments are, or will be,
sufficient to enable the survey to be retraced.

66442. (a) If a subdivision for which a final map is required lies
within an unincorporated area, a certificate or statement by the
county surveyor is required. If a subdivision lies within a city, a
certificate or statement by the city engineer or city surveyor is
required. The appropriate official shall sign, date, and, below or
immediately adjacent to the signature, indicate his or her
registration or license number with expiration date and the stamp of
his or her seal, state that:
(1) He or she has examined the map.
(2) The subdivision as shown is substantially the same as it
appeared on the tentative map, and any approved alterations thereof.
(3) All provisions of this chapter and of any local ordinances
applicable at the time of approval of the tentative map have been
complied with.
(4) He or she is satisfied that the map is technically correct.
(b) City or county engineers registered as civil engineers after
January 1, 1982, shall only be qualified to certify the statements of
paragraphs (1), (2), and (3) of subdivision (a). The statement
specified in paragraph (4) shall only be certified by a person
authorized to practice land surveying pursuant to the Professional
Land Surveyors' Act (Chapter 15 (commencing with Section 8700) of
Division 3 of the Business and Professions Code) or a person
registered as a civil engineer prior to January 1, 1982, pursuant to
the Professional Engineers' Act (Chapter 7 (commencing with Section
6700) of Division 3 of the Business and Professions Code). The county
surveyor, the city surveyor, or the city engineer, as the case may
be, or other public official or employee qualified and authorized to
perform the functions of one of those officials, shall complete and
file with his or her legislative body his or her certificate or
statement, as required by this section, within 20 days from the time
the final map is submitted to him or her by the subdivider for
approval.
(c) As used in this section, "certificate," "certify," and
"certified" shall have the same meaning as provided in Sections
6735.5 and 8770.6 of the Business and Professions Code.

66442.5. The following statements shall appear on a final map:
(a) Engineer's (surveyor's) statement:
This map was prepared by me or under my direction 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 all the
monuments are of the character and occupy the positions indicated or
that they will be set in those positions before (date), and that the
monuments are, or will be, sufficient to enable the survey to be
retraced, and that this final map substantially conforms to the
conditionally approved tentative map.

(Signed) _____________________
R.C.E. (or L.S.) No. _____________________

(b) Recorder's certificate or statement.
Filed this ___ day of ____, 20__, at ____m. in Book ____ of ____,
at page ____, at the request of ________.

Signed __________________________
County Recorder

66443. In addition to the certificates, statements, and
acknowledgments required herein for final maps, the maps shall
contain other certificates and acknowledgments as are required by
local ordinance.