Morgan Hill Municipal Code Ch. 17.28 Land Dedications and Reservations

A. As a condition of approval of a final map or parcel map, the subdivider shall dedicate or make an irrevocable offer of dedication of all parcels of land within the subdivision that are needed for streets and alleys, including access rights and abutters' rights, easements and other public easements, including open space, drainage and utility easements. In addition, the subdivider shall improve or agree to improve all streets and alleys, including access rights and abutters' rights, drainage, public utility easements and other public easements.

B. Dedication of, or offers to dedicate interest in real property for specified public purposes shall be made by a statement on the final map, signed and acknowledged by those parties having any record title interest in the real property being subdivided, subject to the provisions of Section 66436 of the Subdivision Map Act, and in addition, if directed by the city engineer, by a certificate or certificates pursuant to Section 66477.5 of the Subdivision Map Act. In the event any street shown on the final map is not offered for dedication, the statement may contain a declaration to this effect. If the statement appears on a final map and if the map is approved by the city council, the use of the street or streets by the public shall be permissive only. An offer of dedication of real property for street or public utility easement purposes shall be deemed not to include any public utility facilities located on or under the real property unless, and only to the extent that, an intent to dedicate the facilities is expressly declared in the statement.

C. Improvements shall be in accordance with Chapter 17.32 of this title.

(Ord. 1143 N.S. § 38, 1993: Ord. 635 N.S. § A (part), 1983)

A. The city may require as a condition of approval of any subdivision the waiver of direct access rights to proposed or existing streets from any property within the subdivision and abutting thereon.

B. Any such waiver shall become effective in accordance with its provisions and shall be contained in the owners certificate of the final map or parcel map.

(Ord. 635 N.S. § A (part), 1983)