Chapter 16.32 — DEDICATIONS

In the event that a division of land or any part thereof is traversed by any major watercourse, channel, stream or creek, the subdivider shall dedicate an adequate right-of-way for storm drainage purposes if, in the opinion of the advisory agency, such dedication is necessary. In the event that the natural watercourse does not lie entirely within such dedication, the subdivider may either construct an adequate channel within such dedication or delineate the course of the watercourse upon the final map, or parcel map as may be approved by the city engineer.

(Ord. 4815 § 8.01, 1967)

If an artificial drainage facility is necessary for the general use of lot owners in the division of land and for adequate drainage needs, subdivider shall dedicate an adequate right-of-way for such drainage channel.

(Ord. 4815 § 8.02, 1967)

If, in the opinion of the advisory agency, either sewers or storm drains or both are necessary for the general use of lot owners in the division of land, and such sewers or storm drains or both are not to be installed in the streets of such division, then the subdivider shall show upon the maps and dedicate necessary easements for such sewers or storm drains or both.

(Ord. 4815 § 8.03, 1967)

Except as set out hereinafter, all parcels of land intended for public use in a division of land shown on the final map or parcel map thereof, shall be offered for dedication for public use. Provided, however, that with the approval of the board of directors, any street, highway or way which is intended to be kept physically closed to public travel or posted as a private street at all times may be shown as a private street, but in any such case the final map shall contain a conditional offer of dedication or in the case of a parcel map shall be accompanied by a conditional offer of dedication by separate instrument, which may be accepted by the board of directors at such time as the street shall have ceased to remain so physically closed or posted and shall have been opened to public travel for a period of 1 year or more. Any such private street shall be shown on such map by heavy dashed lines. Sufficient data shall be shown on each private street to define its boundaries, as is required for a public street and also sufficient mathematical data to show clearly the portion of each lot within such street.

The design and improvement of any such private street shall be subject to all of the requirements prescribed by this title for public streets.

(Ord. 4815 § 8.04, 1967)

Dedication is not required on any map made for the sole purpose of establishing existing land title boundaries.

(Ord. 6039 § 26, 1983: Ord. 4815 § 8.05, 1967)

Any final map of a division of land submitted to the city for acceptance of easements for streets, highways or public ways and filing with the county recorder, or parcel map, requiring a separate instrument of such easement dedication, submitted to the county surveyor for checking and filing with the county recorder shall be accompanied by an additional copy of such map 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.

(Ord. 4815 § 8.06, 1967)

Any final map of a subdivision presented to the city for acceptance of easements and recordation shall have written thereon, in addition to or as a part of any other certificate required, a certificate signed by the owner and the subdivider, and by all persons claiming any interest other than a right-of-way, easement or other interest, none of which can ripen into a fee, in the lands included within the subdivision shown on the map, in substantially the following form:

"We hereby certify that except as shown on a copy of this map on file in the office of the City Engineer, we know of no easement or structure existing within the easements hereby offered for dedication to the public, other than publicly owned water lines, sewers or storm drains; that we will grant no right or interest within the boundaries of said easements offered to the public, except where such right or interest is expressly made subject to the said easements."

(Ord. 4815 § 8.07, 1967)

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 his easement subject to any right-of-way offered to the public, but the final map in all other respects complies with this title, with the Subdivision Map Act and with every other applicable statute and ordinance, and the board of directors 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 board of directors may accept such map.

(Ord. 4815 § 8.08, 1967)

A.

In the event that an easement for any right-of-way required under the provisions of this title in connection with any proposed division of land is in the process of condemnation by the city at the time of the submission of any final map or parcel map, the subdivider, in lieu of offering such right-of-way for dedication, may show such right-of-way upon the final map or parcel map thereof as a private right-of-way, and prior to the approval of such final map or certification of such parcel map shall submit to the city engineer a deed granting such easement to the city on condition that such condemnation proceedings are abandoned, together with a contract and bond as provided by Section 16.16.090.

B.

In the event that such condemnation proceedings shall be completed, such deed, contract and bond shall be returned to the subdivider. In the event that such condemnation proceedings are abandoned, such deed, contract and bond shall be delivered by the city engineer to the board of directors for acceptance.

(Ord. 4815 § 8.09, 1967)