Modesto Municipal Code Art. 10 Correction and Amendments of Final Maps

After a parcel map or final map is recorded in the office of the County Recorder, it may be amended by an amending map or a certification of correction to do any of the following:

(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, retirement from practice or replacement of the engineer or surveyor charged with responsibilities for setting monuments;

(e) To show the proper location or character of any monument that has been changed in location or character which was originally shown at the wrong location or incorrectly as to its character; and

(f) To correct any other type of map error or omission as approved by the City Engineer, which does not affect any property right. Errors and omissions may include, but are not 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 parcel map or final map.

(Added by Ord. 3120-C.S., § 1, effective 4-1-99)

After a parcel map or final map is recorded in the office of the County Recorder, the map may be amended to make minor modifications provided it is shown by the subdivider and the City Council finds, after public hearing, that:

(a) There are changes in circumstances which make any or all of the conditions of such a map no longer appropriate or necessary; and

(b) The modifications do not impose any additional burden on the present fee owner of the property; and

(c) The modifications do not alter any right, title, or interest in the real property reflected on the recorded map; and

(d) The map as modified conforms to the provisions of Government Code Section 66474.

Any such modification for a parcel map or final map shall be set for public hearing before the City Council as provided for in Government Code Section 66451.3. The public hearing shall be confined to consideration of and action on the proposed modifications.

(Added by Ord. 3120-C.S., § 1, effective 4-1-99)

The amending map or certification of correction shall be prepared and signed by a registered civil engineer or licensed land surveyor. The form and contents of an amending map shall conform to the requirements of Article 6 of this Chapter. The amending map or certificate of correction shall set forth in detail the corrections made, show the names of the present fee owners of the property affected by the correction, show the recording references of the original map, and contain a note to the County Recorder requesting that, pursuant to Government Code Section 66472, the County Recorder index the names of the fee owners and the appropriate subdivision designation shown on the amending map or certificate of correction in the general index and map index, respectively, and that the County Recorder make a note of the original map memorializing the filing of the amending map or certificate of correction.

(Added by Ord. 3120-C.S., § 1, effective 4-1-99)

The amending map or certificate of correction, complete as to final form, shall be submitted to the City Engineer for review, certification of compliance with the requirements set forth in this article and approval as to technical form. Upon receipt of the proposed amending map or certificate of correction, and all fees required for the processing and approval thereof, the City Engineer shall examine the amending map or certificate of correction. If the only changes made are those set forth in Section 4-4.1001, this fact shall be certified by the City Engineer on the amending map or certificate of correction and, upon certification, shall be transmitted to the City Clerk, who shall cause said amending map or certificate of correction to be recorded in the office of the County Recorder. All other amendments and changes shall, upon certification by the City Engineer and approval as to technical form, be processed in accordance with Section 4-4.1002.

(Added by Ord. 3120-C.S., § 1, effective 4-1-99)

The amending map or certificate of correction certified by the City Engineer shall be filed in the office of the County Recorder. Upon such filing, the County Recorder shall index the names of the fee owners and the appropriate subdivision 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 so corrected, and thereafter shall impart constructive notice of all such corrections in the same manner as though set forth upon the original map.

(Added by Ord. 3120-C.S., § 1, effective 4-1-99)

The property owner or applicant shall pay to the City the fees for processing, and approval of a correction or amendment to a recorded map, in the amount established by City Council resolution.

(Added by Ord. 3120-C.S., § 1, effective 4-1-99)