Cupertino Municipal Code Ch. 18.44 Correction and Amendments of Maps

After a final or parcel map is filed in the office of the County Recorder, it may be amended by a certificate of correction or an amending map:

A. To correct an error in any course or distance shown thereon;

B. To show any course or distance that was omitted therefrom;

C. To correct an error in the description of the real property shown on the map;

D. To indicate monuments set after the death, disability or retirement from practice of the engineer or surveyor charged with responsibilities for setting monuments;

E. To show the proper location of any monument which has been changed in location or character, or originally was shown at the wrong location or incorrectly as to its character;

F. To correct any other type of map error or omission as approved by the City Engineer, if the correction does not impose any additional burden on the present fee owners of the real property and does not alter any right, title, or interest in the real property reflected on the recorded map which does not affect any property right;

G. Errors and omissions may include, but not be limited to, lot numbers, acreage, street names and identification of adjacent record maps. Error does not include changes in courses or distances from which an error is not ascertainable from the data shown on the final or parcel map;

H. To make modifications when there are changes which make any or all of the conditions of the map no longer appropriate or necessary and that the modifications do not impose any additional burden on the present fee owner of the property, and if the modifications do not alter any right, title or interest in the real property reflected on the recorded map. The modification shall be set for public hearing before the City Engineer or approval authority according to Section 18.20.050.

The City Engineer or approval authority shall confine the hearing to consideration of, and action on, the proposed modification.

(Ord. 2085, § 2 (part), 2011; Ord. 1384, Exhibit A (part), 1986)

The amending map or certificate of correction shall be prepared by a registered civil engineer or licensed land surveyor. The form and contents of the amending map shall conform to the requirements of Article II of Chapter 18.16 if a final map, or Article II of Chapter 18.20 if a parcel map. The certificate of correction shall set forth in detail the corrections made and show the names of the present fee owners of the property affected by the correction.

(Ord. 2085, § 2 (part), 2011; Ord. 1384, Exhibit A (part), 1986)

A. The amending map or certificate of correction, complete as to final form shall be submitted to the City Engineer for his or her review and approval.

B. The City Engineer shall examine the amending map or certificate of correction and if the only changes made are those set forth in Section 18.44.010, he or she shall certify to this fact on the amending map or certificate of correction.

(Ord. 2085, § 2 (part), 2011; Ord. 1384, Exhibit A (part), 1986)

The amending map or certificate of correction certified by the City Engineer shall be filed in the office of the County Recorder in which the original map was filed. Upon filing, the County Recorder shall index the names of the fee owners and the appropriate tract designation shown on the amending map or certificate of correction in the general index and map index respectively. Thereupon, the original map shall be deemed to have been conclusively corrected and thereafter shall impart constructive notice of all corrections in the same manner as though set forth upon the original map.

(Ord. 2085, § 2 (part), 2011; Ord. 1384, Exhibit A (part), 1986)

The fee for checking, processing and recording the amended map or certificate of correction shall be in accordance with the City's resolution establishing fees and charges. A deposit to be applied toward this fee may be required by the City Engineer upon submittal of the amended map or certificate of correction for his or her review.

(Ord. 2085, § 2 (part), 2011; Ord. 1384, Exhibit A (part), 1986)