Madera County Municipal Code Ch. 17.76 Dedication

Footnotes:

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Editor's note— Ord. No. 278U, § 1 (Exh. A), adopted February 7, 2012, amended Chapter 17.76 in its entirety to read as herein set out. Former Chapter 17.76, §§ 17.76.010—17.76.110, pertained to offers of dedication, and derived from Ord. No. 449, 1986; Ord. No. 278N, 2004 and Ord. No. 449-B, 2006.

The purpose of this chapter is to provide for the irrevocable dedication of private property for public purposes within the unincorporated area of the county. Offers of dedication under this chapter may include but are not limited to streets, highways, paths, alleys, including access rights and abutter's rights, drainage, open space, public utility or other public easements, parks, or other public places, where such dedications are not provided for, under the subdivision map or parcel map procedures set forth under Articles I, II or III of Title 17 preceding.

(Ord. No. 278U, § 1 (Exh. A), 2-7-12).

Dedication for parks facility and/or the payment of parks fees under the provisions of the Quimby Act when required by approval or conditional approval of a residential subdivision shall be in accordance with Chapter 15.03 of this code.

(Ord. No. 278U, § 1 (Exh. A), 2-7-12).

No offer of dedication of private real property for public purposes shall be filed for record with the recorder of the county without the prior written consent of the county. Consent of the county for the recording of such offers of dedication shall not constitute acceptance of the property offered for dedication. Applications for such consent shall conform to the requirements of this chapter.

(Ord. No. 278U, § 1 (Exh. A), 2-7-12).

The application for consent of the county for the recording of an offer of dedication shall be made by the filing of the following documents with the planning department: (1) a record of survey map conforming to all requirements of the Land Surveyor's Act set forth at Chapter 15, Division 3 of the Business and Professions Code, accurately portraying the location, dimensions and monumentation of the real property being offered as well as its relative location to the real property adjacent to and the property being offered; (2) a title report, current within thirty days, to the benefit of the county in the minimum amount of one thousand dollars covering the property to be offered and reflecting all record title interests therein; and (3) an offer of dedication by separate written instrument or other recordable document acceptable to the county road commissioner with a complete property description of the real property to be offered. The offer shall be signed with proper acknowledgment by all parties having record title interest in the property to be offered and shall be binding on their heirs, assigns or successors in interest to the property.

(Ord. No. 278U, § 1 (Exh. A), 2-7-12).

A filing fee as established by resolution of the board of supervisors shall be paid to the planning department at the time of application.

(Ord. No. 278U, § 1 (Exh. A), 2-7-12).

All land shown and designated on the final map for any public use shall be offered for dedication.

(Ord. No. 278U, § 1 (Exh. A), 2-7-12).

A. Public Roads or Private Roads. All roads dedicated for public use or approved private roads shall be improved in accordance with development standards or as approved by the road commissioner.

B. Previously Dedicated Rights-of-Way. The board may require the subdivider to improve previously dedicated roads, public ways or easements to the degree required by subsection A above. When so required by the board, improvements shall conform to the development standards or as approved by the road commissioner.

C. The map shall indicate whether the public roads are to be added to the county maintained mileage. If they are not, then the map shall indicate which public district shall assume maintenance responsibility. Private roads shall be maintained by homeowner's association or like entity.

D. Except with respect to roads officially accepted into the county road system before the final parcel map is transmitted to the county surveyor for certification, the map shall bear a statement that reads substantially as follows:

Any road or easement or right-of-way for road or highway purposes shown or referred to on this map, including, but not limited to, any dedicated or offered for dedication to the public or to the county, is not a county highway and is not subject to maintenance or improvement by the county of Madera until and unless the county officially accepts the same into the county road system, by resolution of the board of supervisors, excepting any expressly shown hereon as being a county highway.

(Ord. No. 278U, § 1 (Exh. A), 2-7-12).

All offers of dedication shall be monumented on the property in a manner and fashion which will allow an on-ground reproduction of all lines of survey without the necessity of conducting additional surveys on the property. All monumentation shall be reflected on the recorded map; submitted to the planning department pursuant to Section 17.76.030.

(Ord. No. 278U, § 1 (Exh. A), 2-7-12).

An offer of dedication, when recorded in the office of the county recorder as provided herein, shall be irrevocable and may be accepted at any time by the board of supervisors. Such offer of dedication may, however, be terminated and the right to accept such offer abandoned in the same manner as is prescribed for the abandonment or vacation of streets or highways by Part 3 of Division 9 or by Chapter 2 of Division 2 of the Streets and Highways Code, whichever is applicable.

(Ord. No. 278U, § 1 (Exh. A), 2-7-12).