§ 24.30

Every subdivider shall cause the subdivision to be surveyed and a final map thereof to be prepared in conformity with the tentative map as approved or conditionally approved. The survey and final map shall be made by a civil engineer, registered prior to January 1, 1982, or by a licensed land surveyor.

(Code 1968, § 27-18)

Sec. 24.30.015. - Monuments to be set.

(a)

The person preparing a final map of a subdivision shall find or set a durable monument at each corner, angle point or beginning-of-curve in the exterior boundary of the tract. The location of such points as are inaccessible may be established by ties. The exterior boundary of the tract shall be adequately monumented before the map may be recorded. Interior property line monuments and interior centerline

monuments and ties shall be set by a registered civil engineer or by a licensed land surveyor before the subdivision bond is released, but such interior monuments and ties need not be set by the same engineer or surveyor who made the exterior boundary survey and final map, nor do they need to be set before the recording of the final map. In the event the Town Engineer or County Engineer or the State Highway Engineer shall have established the centerline of any street or alley in or adjoining the tract, the final map of the tract shall show such centerline, together with a reference to a field book or map showing such centerline and the monuments which determine its position. If determined by the ties, the fact shall be stated upon the map. A "durable monument" shall be the following, or an approved equal: an iron pipe not less than three-fourth inch inside diameter, not less than eighteen (18) inches in length, set not less than eighteen (18) inches in the ground, and with a wooden plug not less than six (6) inches in length tamped in the top of the pipe. A metal nail and brass tag showing the license number of the engineer responsible for placing the monument shall be set in the top of the plug. A three-fourth inside diameter pipe without a plug may be set in such locations as are approved by the Town Engineer. A reference point shall also be established as required by the Town Engineer.

(b)

Wherever a pipe, plug, nail or other type of monument is set as required in this section, such monument shall be permanently and visibly marked with a registration or license number of the engineer or surveyor under whose supervision the survey was made.

(c)

All monuments shall be subject to inspection and approval by the Town Engineer.

(Code 1968, § 27-19)

Sec. 24.30.020. - Title sheet.

(a)

The title sheet of each final map of a subdivision shall contain a title consisting of the number, name or designation of the subdivision, the words "in the Town of Los Gatos," except as provided in this section a sub-title consisting of a description of all the property being subdivided by reference to such maps of the property shown thereon, as shall have been previously recorded.

(b)

Upon such title sheet the certificate of the surveyor or engineer referred to in Government Code sections 66441 and 66496 to 66498 shall appear. Also upon such title sheet, or upon at least one (1) map sheet shall appear the basis of bearing, making reference to some recorded subdivision map, county surveyor's map or other record or to a solar or polaris observation.

(c)

Certificates, affidavits and acknowledgments shall be legibly printed upon the title sheet of the final map with opaque ink.

(d)

Upon the title sheet of each map filed for the purpose of reverting subdivided land to acreage, the sub-title shall consist of the words "A Reversion to Acreage of ___________" (a legal description of the land being reverted).

(Code 1968, § 27-20)

Sec. 24.30.025. - Contents.

Every final subdivision map shall contain the following information:

(1)

Lot numbers. The lots shall be numbered beginning with the numeral "1" and continuing without omission or duplication throughout the entire tract. No prefix or suffix nor combination of letter and number shall be used. Each lot shall be shown entirely on one (1) sheet.

(2)

Boundary. The boundary line shall be indicated by a border of light blue ink approximately one-eighth of an inch wide applied on the reverse side of the tracing and inside such boundary line. Such ink shall be of such density as to be transferred to a blue line print of such map and not obliterate any line, figure or other data appearing on such map.

(3)

Monuments. On each final map shall be fully and clearly shown and identified such stakes, monuments or other evidence determining the boundaries of the subdivision as were found on the ground, together with sufficient corners of adjoining subdivisions, by lot and block number, tract name and place of record, or by section, township and range, or other proper designation as may be necessary to locate precisely the limits of the subdivision.

Each final map shall show a durable monument set at each angle point and at the beginning and end of each curve in the boundary line of each block in the tract. Where such block boundary line points and lot corners are inaccessible, their location may be established by ties.

Each final map shall show a durable monument set on the centerlines of streets and alleys offered for dedication by the owners of the tract, at each angle point, at each point of beginning and end of a curve, at the point of intersection of the semi-tangents of curves, at each point of intersection with the tract boundary, at each point of intersection with the centerline of an existing boundary line, street or alley and at each point of intersection with the centerline of another street or alley so offered for dedication. Where the point of intersection of the semi-tangents of a street centerline curve falls on private property, such point of intersection shall be established by ties.

tion with the tract boundary, at each point of intersection with the centerline of an existing boundary line, street or alley and at each point of intersection with the centerline of another street or alley so offered for dedication. Where the point of intersection of the semi-tangents of a street centerline curve falls on private property, such point of intersection shall be established by ties.

In the event any of the monuments required to be set are to be set subsequent to the recordation of the final map, the map shall show which monuments are to be so set. Prior to the approval of the final map by the Town Council, the subdivider shall sign a written agreement guaranteeing that the monuments so deferred will be set. A bond shall be posted to insure the carrying out of the agreement.

(4)

Orientation. The map on each sheet and the lettering thereon shall be so oriented that, with the north point directed away from the reader, the map may be read most conveniently from the bottom or lower right corner of such sheet, the binding edge shall be at the left and lengthwise of the sheet.

(5)

Title, scale, north point, etc. Each sheet of a final map, except the title sheet thereof, shall bear the main title of the map, the scale of the map, north point and sheet number, together with a designation of the relation, if any, between each sheet and each other sheet thereof.

(6)

Bearings and lengths of lines. The bearing and length of each lot line, block line and boundary line shall be shown on the final map; provided, that when bearings or lengths of lot lines in any series of lots are the same, such bearings or lengths may be omitted from each interior parallel lot line of such series. Each required bearing and length shall be shown in full and no ditto mark or other designation of repetition shall be used.

(7)

Lot area. Upon each lot containing an area of three-fourths of an acre or more shall be designated the acreage of such lot shown not less accurately than the nearest one-hundredth of an acre.

(8)

Curve data. The length, radius, semi-tangent, and total central angle and the bearing of terminal radii of each curve and the bearing of each radial line to each lot corner on each curve, and the central angle of each segment within each lot shall be shown.

(9)

Widths, etc., of rights-of-way, etc. There shall be shown upon each final map the centerline of each highway, street or way, the total width thereof, the width of that portion, if any, to be dedicated, and in the case of any existing highways, streets or ways, the width thereof, and the width of each highway, street or way on each side of the centerline thereof. On each such centerline shall be shown the bearing and length of each tangent, radius, central angle, semi-tangent and length of each curve. The final map shall show the width of each railroad right-of-way, public utility, flood control or drainage easement and other easement appearing on such map, whether previously of record or offered for dedication on such map. Record of survey map shall show officially adopted plan lines.

(10)

Easements. Upon a final map shall be shown the centerline or side lines of each easement to which the lots in the subdivision are subject. In the event that such easement is not definitely located of record a statement showing the existence of such easement shall be placed on the map. Easements reserved by the owner for public services or for other purposes shall be shown on the map and so designated thereon.

If an easement is being dedicated by a final map it shall be properly set out in the owner's certificate of dedication on the map.

(11)

Watercourses. The location of any watercourse, channel, stream or creek shall be shown on the final map.

(12)

Drainage facilities. If an artificial drainage facility is necessary for the general use of lot owners in the subdivision and for adequate drainage needs, the subdivider shall dedicate an adequate right-of-way for such drainage channel. The subdivider shall, prior to the approval of the final map, pay the Town such storm drainage fees as may from time to time be adopted by the Town Council. Such fees may apply to land on an acreage basis, and they may vary in accordance with the land use characteristics of the particular property affected, as such land use is indicated in the zoning map of the Town.

(13)

Sewers and storm drains. If either sewers or storm drains or both are necessary for the general use of lot owners in the subdivision, and such sewers or storm drains or both are not to be installed in the streets of such subdivision, then the subdivider shall show upon the map and dedicate necessary easements for such sewers or storm drains or both.

(14)

Size, shape, etc. The size, shape, and location of all subdivisions of land and airspace.

(Code 1968, § 27-21)

Sec. 24.30.030. - Required certificates.

The following certificates and acknowledgments shall appear on the title sheet of the final map of a subdivision, properly signed and acknowledged:

(1)

The owner's certificate, including the offer of dedication, if any.

(2)

The engineer's or surveyor's certificate.

(3)

The Town Engineer's certificate of approval, including a statement that the final map conforms substantially to the approved tentative map and to any approved alterations thereof.

(4)

The Town Clerk's certificate of approval by the Town Council and acceptance of the offer of dedication.

(5)

A certificate of the County Recorder certifying as to the filing date of the final map.

(6)

Such other affidavits, certificates, acknowledgments, endorsements and notarial seals as are required by law and by the provisions of this chapter.

(Code 1968, § 27-22)

Sec. 24.30.035. - Evidence of title.

The evidence of title of a subdivision required by the provisions of Government Code sections 66430, 66436 and 66465 shall be a certificate of title or a policy of title insurance issued by a title company authorized by the laws of the State to write the same, showing the names of all persons having any record title interest in the land to be subdivided, together with the nature of their respective interests therein. In the event that any dedication is to be made for public use of any property shown on any such final map, the certificate of title or policy of title insurance shall be issued for the benefit and protection of the Town.

(Code 1968, § 27-23)

Sec. 24.30.040. - Accompanying information to be provided.

Every final map of a subdivision shall be accompanied by the following data and material which shall be provided by the subdivider or the subdivider's agent:

(1)

Two (2) blueprints, a Vandyke negative and one (1) blue line print on cloth of the map, made after signatures have been affixed. If the subdivision adjoins any State highway, an additional blueprint shall be furnished as may be required.

(2)

A statement of the water supply installed or available for the subdivision, including information as to the source, quality and adequacy of the supply.

(3)

The following data shall be presented at the time of presenting a final map of a subdivision approval:

a.

A letter from the County Auditor, and from the Town Auditor, each certifying that according to the records of such auditor's office there are no liens against the subdivision or any part thereof for unpaid State, County, Municipal or local taxes or special assessments not yet payable, and as to the latter the subdivider shall submit a statement by each proper officer giving the estimate of the amount of taxes and assessments which are in lien, but which are not yet payable.

b.

A certificate of the Town Clerk as to the tax bond shall accompany final maps filed between the first Monday in March and the third Monday in October.

c.

All other data and material that is required by law.

(4)

Any final map of a subdivision presented to the Town for acceptance of easements and recordation shall be accompanied by an additional copy on which is delineated all structures existing within the easements, except publicly owned storm drains, water lines, sewers and other sanitary facilities, whether such structures are on recorded easements or not.

(Code 1968, § 27-24)

Sec. 24.30.045. - Covenants, etc., to be presented.

In addition to that material required by section 24.30.040 to be provided, the subdivider shall provide, in final form, all of the material referred to in sections 24.20.035 and 24.20.060 concerning covenants, conditions and restrictions and similar or related matter.

(Code 1968, § 27-245)

Sec. 24.30.050. - Waiver of signatures of owners of easements or rights-of-way.

If the owner of an easement or right-of-way of any kind or nature in any right-of-way offered for dedication, who has no other interest whatever in any part of the lands included within the subdivision, refuses to make the easement subject to any right-of-way offered to the public, but the final map in all other respects complies with this chapter, with the Subdivision Map Act and with every other applicable statute or ordinance and the Town Council finds that the subdivider has in good faith attempted to obtain the necessary signature from such owner and has been unable to do so, and that a refusal to accept the final

map for recordation would work an undue hardship on the subdivider, then by a majority vote of all its members the Town Council may accept such map.

(Code 1968, § 27-25)

Sec. 24.30.055. - Surveying, monumenting and copies of final map.

(a)

In transactions where a final map is required, at least one (1) exterior boundary line of the subdivision must be adequately monumented or referenced before the map is recorded. In addition, all exterior and interior boundaries must be surveyed and monumented within the time set by written agreement between the subdivider and the Town or on the face of the map.

(b)

The Town Engineer may require the subdivider to provide the number of copies of final maps the Town Engineer determines are needed for performance of the Town Engineer's duties. Maps, accompanying data, improvement drawings and all other required documents shall be presented to the Town Engineer for checking in accordance with the schedule of the Town Engineer before the Town Council meeting at which approval is sought.

(Code 1968, § 27-26)

Sec. 24.30.060. - Filing with Town Council for approval.

When all the certifications which are required on the final map of a subdivision (except the approval certificate of the Town Clerk) have been signed, and, where necessary, acknowledged, the final map may be filed with the Town Council for approval. The Town Council shall accept or reject any or all offers of dedication of land for public use at the next regular meeting thereof after filing of the final map.

(Code 1968, § 27-29)

Sec. 24.30.065. - Recordation.

After approval of a final map of a subdivision by the Town Council it shall be the duty of the Town Clerk to record the same in the office of the County Recorder of the County.

(Code 1968, § 27-30)