SECTIONS 66444-66450 - California Statutes

GOVERNMENT CODE

SECTION 66444-66450

66444. The content and form of parcel maps shall be governed by the
provisions of this article.

66445. The parcel map shall be prepared by, or under the direction
of, a registered civil engineer or licensed land surveyor, shall show
the location of streets and property lines bounding the property,
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 or statements, 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) 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.
(d) (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 parcel or omitted parcel shall be labeled as a
designated remainder parcel or an omitted parcel.
(2) The map shall show the location of each parcel and its
relation to surrounding surveys. If the map includes a "designated
remainder" parcel or similar 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.
(e) Subject to the provisions of Section 66436, a statement,
signed and acknowledged by all parties having any record title
interest in the real property subdivided, consenting to the
preparation and recordation of the parcel map is required, except
that less inclusive requirements may be provided by local ordinance.
With respect to a division of land into four or fewer parcels,
where dedications or offers of dedications are not required, the
statement shall be signed and acknowledged by the subdivider only. If
the subdivider does not have a record title ownership interest in
the property to be divided, the local agency may require that the
subdivider provide the local agency with satisfactory evidence that
the persons with record title ownership have consented to the
proposed division. For purposes of this paragraph, "record title
ownership" means fee title of record unless a leasehold interest is
to be divided, in which case "record title ownership" means ownership
of record of the leasehold interest. Record title ownership does not
include ownership of mineral rights or other subsurface interests
that have been severed from ownership of the surface.
(f) Notwithstanding any other provision of this article, local
agencies may require that those statements and acknowledgments
required pursuant to subdivision (e) be made by separate instrument
to be recorded concurrently with the parcel map being filed for
record.
(g) On and after January 1, 1987, no additional survey and map
requirements shall be included on a parcel map that do not affect
record title interests. However, the map shall contain a notation of
reference to survey and map information required by a local ordinance
adopted pursuant to Section 66434.2.
(h) Whenever a certificate or acknowledgment is made by separate
instrument, there shall appear on the parcel map a reference to the
separately recorded document. This reference shall be completed by
the county recorder pursuant to Section 66468.1.
(i) If a field survey was performed, the parcel map shall contain
a statement by the engineer or surveyor responsible for the
preparation of the map that states that all monuments are of the
character and occupy the positions indicated, or that they will be
set in those positions on or before a specified date, and that the
monuments are, or will be, sufficient to enable the survey to be
retraced.
(j) 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 parcel 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.

66447. (a) If dedications or offers of dedication are required,
they may be made either by a statement on the parcel map or by
separate instrument, as provided by local ordinance. If dedications
or offers of dedication are made by separate instrument, the
dedications or offers of dedication shall be recorded concurrently
with, or prior to, the parcel map being filed for record.
(b) The dedication or offers of dedication, whether by statement
or separate instrument, shall be signed by the same parties and in
the same manner as set forth in Section 66439 for dedications by a
final map.
(c) (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 parcel 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 parcel 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 parcel 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)."

66448. In all cases where a parcel map is required, the parcel map
shall be based upon a field survey made in conformity with the Land
Surveyors Act when required by local ordinance, or, in absence of
that requirement, shall be based either upon a field survey made in
conformity with the Land Surveyors Act or be compiled from recorded
or filed data when sufficient recorded or filed survey monumentation
presently exists to enable the retracement of the exterior boundary
lines of the parcel map and the establishment of the interior parcel
or lot lines of the parcel map.

66449. The following statements shall appear on a parcel map:

(a) Engineer's (surveyor's) statement:

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. _____________________

(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

66450. (a) If a subdivision for which a parcel 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 and state that:
(1) He or she examined the map.
(2) The subdivision as shown is substantially the same as it
appeared on the tentative map, if required, 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, if required,
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) of subdivision (a) 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).
(c) The county surveyor, city engineer, or city surveyor, 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 his or her certificate or statement, as required by this
section, within 20 days from the time the parcel map is submitted to
him or her by the subdivider for approval. The completed parcel map
shall be delivered to the county recorder or, if required by local
ordinance, filed with the legislative body prior to delivery to the
county recorder, within the same 20-day period.