Avenal Municipal Code Ch. 10.34 Dedications and Reservations

Sections:

• 10.34.010
• Purpose.
• 10.34.020
• Dedications.
• 10.34.030
• Reservations.
• 10.34.040
• Dedications Made Outside of a Map.

The purpose of this Chapter is to identify a process for the city to require and accept, or reserve, dedications of land for public purposes, including streets, highways, drainage courses, public utility easements, other public easements, public school sites, and local transit facilities consistent with the Subdivision Map Act.

A. Overview: As a condition of approval of a tentative subdivision map or tentative parcel map, the city may require, to the extent permitted by applicable law, dedication, or irrevocable offer of dedication of real property within a subdivision for public use. For purposes of this Chapter, dedications include, but are not limited to, streets, bikeways, parks, landscaping, recreation facilities, irrigation ditches, school sites, alleys, including access and abutter’s rights, drainage, public utility easements, and other public easements. The city may also require the design of a subdivision for which a tentative subdivision map or tentative parcel map is required to provide one or more cable television systems, duly franchised by the city, an opportunity to construct, install, and maintain on land identified on the map as dedicated or to be dedicated to public utility use any equipment necessary to extend cable television service to each residential parcel in the subdivision. B. Form of Dedication: The form of dedications (easement or fee in title) shall be specified on the final or parcel map and be to the satisfaction of the city engineer in compliance with Section 66439 of the Subdivision Map Act.

1. 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 parcel map or any separate instrument: The real property described below is dedicated in fee for public purposes: (here insert a general description of the dedicated property that is adequate to convey the property).
2. 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 parcel map or any separate instrument:

City of Avenal Municipal Code Title 10 - Subdivision Ordinance

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June 2023 The real property described below is dedicated as an easement for public purposes: (here insert a general description of the easement that is adequate to convey the dedicated property). C. Acceptance or Rejection of Dedications: At the time the city council approves a final map or parcel map, it shall also accept, accept subject to improvement, or reject any offers of dedication. The city clerk shall certify or state on the final map or parcel map the action of the city council. Acceptance of offers of dedication on a final map or parcel map shall not be effective until the final map or parcel map is filed in the county recorder’s office. D. Certificate for Dedications and Reconveyance:

1. The city shall record a certificate with the county recorder for all property that has been dedicated in fee for public purposes other than for open space, park, or schools. This certificate shall be attached to the final map or final parcel map and shall include: a. Name and address of subdivider dedicating the property. b. Legal description of the dedicated property. c. A statement that the city shall reconvey the property to the subdivider if the city council determines that the same public purpose for which the property was dedicated does not exist, or the property or any portion thereof is not needed for public utilities.
2. The subdivider may request the city to determine whether the same public purpose for which a dedication was required still exists. The city may charge the subdivider a fee in the amount reasonably required to make such a determination.
3. If the council determines that the same purpose for which a dedication was required does not exist, the city shall reconvey the property to the subdivider or his successor in interest, except any portion of the property required for that same public purpose or for public utilities.

A. Overview of Reservations: As a condition of approval of a tentative map or tentative parcel map, the city may require, to the extent permitted by law, that areas of real property within a subdivision be reserved for public use. For the purposes of this Chapter, such reservations include, but are not limited to, sites appropriate for parks, recreational facilities, fire stations, libraries, and other public uses. B. Standards for Reservations: Reservations required in connection with subdivision shall be subject to the following conditions:

1. The required reservation(s) shall be based on and in accordance with policies and standards for such public uses contained in the adopted general plan or any adopted specific plan.
2. The reserved area(s) shall be of such size and shape as to permit the balance of the property within which the reservation(s) are located to develop in an orderly manner.
3. The amount of land reserved shall not make development of the remaining land held by the subdivider economically unfeasible.

City of Avenal Municipal Code Title 10 - Subdivision Ordinance

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June 2023 4. Each reserved area shall conform to the adopted general plan or any adopted specific plan and shall be in such multiples of streets and parcels as to permit an efficient division of the reserved area in the event the city or other public agency does not acquire it within the time prescribed by subsection C1 of this Section. C. Reservation Procedures:

1. The public agency for whose benefit an area has been reserved shall, at the time of final map or final parcel map approval, enter into a binding agreement to acquire such reserved area within two (2) years after the completion and acceptance of all improvements. Such a period of time may be extended by mutual agreement. The purchase price for the reserved area shall be the market value thereof at the time of the filing of the tentative map or tentative parcel map, plus the taxes against such reserved area from the date of the reservation and any other costs incurred by the subdivider in the maintenance of the reserved area, including interest costs on any loan covering the reserved area.
2. If the public agency for whose benefit an area has been reserved does not enter into a binding agreement as described in subsection C1 of this Section, the reservation shall automatically terminate.

When a dedication of easement or fee is made to the city and is not included as part of a final map or parcel map (e.g., off-site improvements), such dedications shall be offered through perfecting deed, exhibit map, and legal description with the original land surveyor or registered civil engineer’s authorized to practice land surveying stamp and notarized signatures. If the dedication(s) are needed for immediate use, the city council will consider accepting, then recording. If dedications are needed for future use, the city council will consider acknowledging, then recording documents. Fees shall be paid by the applicant to cover the cost of reviewing and processing all documents.

City of Avenal Municipal Code Title 10 - Subdivision Ordinance

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June 2023