Calaveras County Municipal Code Ch. 16.30 Gift Deeds

No gift deed shall be conveyed until such time as a record of survey, prepared to state and local requirements, is recorded for the gift parcel to be created. This requirement applies only to gift deeds for which a new parcel is being created.

A. The record of survey shall have a note that says:

"This map depicts a parcel(s) of land to be gift deeded. At the time of conveyance for valuable consideration, the last recipient of the gift deed shall be responsible for compliance with the requirements of a conditional certificate of compliance."

B. The gift deed shall not be considered valid unless it includes the following language:

"At the time of the conveyance of this property for valuable consideration, all requirements of the State of California and the County of Calaveras shall be satisfied in relation to subdivision maps. Said conditions and requirements shall be those stated on the conditional certificate of compliance required by the Map Act and County Subdivision Ordinance in effect at the time this parcel was first created by gift deed. Said conditions may include, and are not limited to: requirements for legal access from the nearest road in the county or state maintained system; improvements on-site and off-site to any road; granting and dedication of easements for public access or public utility purposes; mitigation of any impact the parcel has on the enrollment of the school district in which the parcel is located; construction, bonding, or other improvements for purposes of fire protection and suppression; proof of soils adequate for the disposal of sewage effluent; proof of an adequate sustained yield of potable water as required by Environmental Health standards; and the requirements of any special districts or agencies serving the subject property. Construction of a dwelling or other structure prior to conveyance for valuable consideration does not release these conditions. This deed restriction shall be enforced by the County of Calaveras."

(Ord. 1582 § 9, 1983; Ord. 1523 § 1(part), 1982).

Prior to the close of escrow at the time of sale for valuable consideration, the holder of the gift deed (indicated as grantee on the deed prior to close of escrow and grantor on the deed following close of escrow) shall apply for and obtain a certificate of compliance or conditional certificate of compliance.

(Ord. 1523 § 1(part), 1982).

A. At the time of conveyance for valuable consideration, it shall be the responsibility of the grantee of the gift deed prior to close of escrow (who becomes the grantor following close of escrow) to comply with all necessary conditions on the conditional certificate of compliance.

B. If there is to be no escrow period for the conveyance for valuable consideration, the phrase "time of conveyance" shall replace "close of escrow."

(Ord. 1523 § 1(part), 1982).