Bradbury Municipal Code Ch. 148 Dedications

If dedications or offers of dedication are required for a minor land division, tract map or parcel map, they may be made either by certificate on the map or by separate instrument.

(Ord. No. 297, § 9.07.070.010, 3-20-2007)

The signatures of all parties having any record title interest in the real property being subdivided shall not be required on any final parcel map unless dedications or offers of dedication are made by certificate on the parcel map.

(Ord. No. 297, § 9.07.070.020, 3-20-2007)

Evidence of title shall be submitted with all final parcel maps. This shall show all fee interest holders, all interest holders whose interest could ripen into a fee, all trust deeds together with the name of the trustee and/or beneficiary, and all easement holders.

(Ord. No. 297, § 9.07.070.030, 3-20-2007)

(a) Any map of a subdivision presented to the City with an offer of easements for public use shall have written thereon, in addition to or as a part of any other certificate required, a certificate, signed by all parties whose signatures are required pursuant to Section 66436 of the Subdivision Map Act, in substantially one of the following forms:

(1) "We hereby certify that except as shown on a copy of this map on file in the Office of the County Road Commissioner, we know of no easement or structure existing within the easements hereby offered for dedication to the public, other than publicly-owned water lines, sewers or storm drains; that we will grant no right or interest within the boundaries of said easements offered to the public, except where such right-of-way is expressly made subject to the said easements."

(2) "We hereby certify that we know of no easement or structure existing within the easements hereby offered for dedication to the public, other than publicly-owned water lines, sewers or storm drains; that we will grant no right or interest within the boundaries of said easements offered to the public, except where such right or interest is expressly made subject to the said easement."

(b) The registered civil engineer or land surveyor who prepares the map shall notify the City Engineer that, as a result of thorough research of records and a field inspection, there either are structures existing within the easements offered or there are no structures existing within the easements offered. The form in Subsection (a)(1) of this section shall be used where there are structures, and the form in Subsection (a)(2) of this section shall be used where there are no structures.

(Ord. No. 297, § 9.07.070.040, 3-20-2007)

(a) In the event that an easement for any right-of-way required under the provisions of this part in connection with any proposed division of land is in the process of condemnation by the City at the time of the submission of any final map or parcel map, the subdivider, in lieu of offering such right-of-way for dedication, may show such right-of-way upon the final map or parcel map thereof as a private right-of-way, and, prior to the approval of such final map or certification of such parcel map, shall submit to the City a deed granting such easement to the City on condition that such condemnation proceedings are abandoned, together with a contract and bond as provided by Sections 9.151.020, 9.154.010 and 9.154.040.

(b) In the event that such condemnation proceedings shall be completed, such deed, contract and bond shall be returned to the subdivider. In the event that such condemnation proceedings are abandoned, the contract and bond shall be accepted by the City Engineer and the deed shall be forwarded to the City Council for acceptance.

(Ord. No. 297, § 9.07.070.050, 3-20-2007)

Except as set out hereinafter, all parcels of land intended for public use in a division of land shown on the final map or parcel map thereof shall be offered for dedication for public use. However, with the approval of the City Council, any road which is intended to be kept physically closed to public travel or posted as a private street at all times may be shown as a private street; but in any such case, the final map or parcel map shall contain a conditional offer of dedication, or the map may be accompanied by a conditional offer of dedication by separate instrument, either of which may be accepted by the City Council. Any such private street shall be shown on such map by heavy dashed lines. Sufficient data shall be shown on each private street to define its boundaries, as is required for a public street, and also sufficient mathematical data to show clearly the portion of each lot within such street. The design and improvement of any such private street shall be subject to all of the requirements prescribed by this part for public streets.

(Ord. No. 297, § 9.07.070.060, 3-20-2007)

Dedications or offers of dedication of real property for streets, highways and other public ways, access rights and abutter's rights, drainage and public utility easements, building restriction rights, and other public easements may be required for a minor land division or parcel map.

(Ord. No. 297, § 9.07.070.080, 3-20-2007)

If, in the opinion of the Planning Commission and City Council, either sewers or storm drains or both are necessary for the general use of lot owners in the division of land, or the future development of the area, and such sewers or storm drains or both are not to be installed in the public streets of such division, then the subdivider shall show upon the maps and dedicate necessary easements for such sewers or storm drains or both.

(Ord. No. 297, § 9.07.070.090, 3-20-2007)

If an artificial drainage facility is necessary for the general use of lot owners in the division of land and for adequate drainage needs, the subdivider shall dedicate an adequate right-of-way for such drainage channel.

(Ord. No. 297, § 9.07.070.100, 3-20-2007)

In the event that a division of land or any part thereof is traversed by any watercourse, channel, stream or creek, the subdivider shall dedicate an adequate right-of-way for storm drainage purposes if, in the opinion of the Planning Commission, such dedication is necessary. In the event that the natural watercourse does not lie entirely within such dedication, the subdivider may either construct an adequate channel within such dedication and/or delineate the watercourse upon the final map or parcel map to the City's satisfaction.

(Ord. No. 297, § 9.07.070.110, 3-20-2007)

Dedication of land for public streets, highways, ways or easements may be accepted on a final map submitted for the purpose of reverting to acreage land previously subdivided.

(Ord. No. 297, § 9.07.070.150, 3-20-2007)

(a) Owners of property proposing subdivisions created by any conveyance to a governmental agency or public entity shall notify the City Planner in writing of such proposals at least 30 days prior to the conveyance.

(b) A subdivision map may be required by the City Council for such a conveyance when a showing is made upon substantial evidence, submitted by the City Planner or City Engineer, that the public policy necessitates the map.

(Ord. No. 297, § 9.07.070.170, 3-20-2007)