Santa Clara County Municipal Code Part 3 Final Maps

The final map shall be prepared by or under the direction of a registered civil engineer or licensed land surveyor. It shall be based on a survey and shall conform to all of the following provisions:

(a) It shall be legibly drawn, printed or reproduced by a process guaranteeing a permanent record in black on tracing cloth or polyester base film. Certificates, affidavits and acknowledgments may be legibly stamped or printed upon the map with opaque ink. If ink is used on polyester base film, the ink surface shall be coated with a suitable substance to assure permanent legibility.

(b) The size of each sheet shall be 18 by 26 inches, minimum. A marginal line shall be drawn completely around each sheet, leaving a entirely blank margin of one inch. The scale and the information on the map shall be large enough to show all details clearly in order to allow for future microfilming and subsequent reproduction, and enough sheets shall be used to accomplish this end. The particular number of the sheet and the total number of sheets comprising the map shall be stated on each of the sheets, and its relation to each adjoining sheet shall be clearly shown.

(c) All survey and mathematical information and data necessary to locate all monuments and to locate and retrace any and all interior and exterior boundary lines appearing thereon shall be shown, including bearings and distances of straight lines, and radii and arc length or chord bearings and length for all curves, and such information as may be necessary to determine the location of the centers of curves and ties to existing monuments used to establish the subdivision boundaries.

(d) Each parcel shall be numbered and each block may be numbered or lettered. Each street shall be named with new names, subject to the approval of the advisory agency.

(e) The exterior boundary of the land included within the subdivision shall be indicated by a distinctive symbol suitable for microfilming without obliterating information, and shall be identified in the legend. The map shall show the definite location of the subdivision, and particularly its relation to surrounding surveys.

(f) All specific requirements noted as conditions of approval for the tentative map shall be incorporated into the final map.

(g) The title sheet shall contain the title and tract number as secured from the Planning Office, conspicuously placed on the sheet. Below the title shall appear a subtitle consisting of a general description of all the property being subdivided by reference to recorded deeds or to maps which have been previously recorded or by reference to the plat of a United States survey.

(h) There must also appear on the map the scale, the north point and the basis of bearing, reference being made to a recorded subdivision map, recorded deed, United States survey, solar or polaris observation. Every sheet comprising the map proper shall bear the title, scale, north point, sheet number, and County file number.

(i) Affidavits, certificates, acknowledgments, endorsements, acceptances of dedications, and notarial seals required by law and by this chapter shall appear only once and shall be placed on the title sheet, or the title sheet and such other sheets as may be required.

(j) All stakes, monuments or other evidences which were found on the ground to determine the boundaries of the subdivision shall be shown. The adjoining corners of all adjoining subdivisions shall be identified by lot and block number, tract name and place of record, or by section, township and range or other property designation.

(k) City and/or county boundaries which cross or adjoin subdivision shall be clearly designated.

(l) In making the survey, the engineer or surveyor shall set permanent monuments at all angle and curve points on the subdivision boundary, on the boundaries of each block and on all lot corners. In case the location of any watercourse, inaccessible terrain or physical obstruction makes it impracticable to place any of the monuments as required by this section, the County Surveyor may authorize, in lieu thereof, the placing of off- set monuments. The exterior boundary of the land being subdivided shall be adequately monumented before the map is recorded. All monuments shall be appropriately marked with the engineer's or surveyor's license number in conformance with Business and Professions Code § 8772.

(m) Monuments and monument boxes set in existing or future County roads shall conform to the County's published standards. Sections, quarter sections and rancho corners shall be not less than two inches nominal diameter iron pipe 36 inches long. Standard property corner monuments shall be iron pipe not less than three-fourths inches nominal diameter 18 inches long.

(n) Find and show on the map of the survey (with ties) all existing monuments in the immediate area which have a significant bearing on the confirmation or establishment of the lines of the property being surveyed. Reestablish any lost monuments that have controlling influence on the line of the survey. Identify on the map the monuments used as the basis for the survey and which correlate with the legal description of the property.

(o) Monumenting road center lines (public and private).

(1) Monument the center line intersection of roads created or widened by the parcels being surveyed. Provide additional road center line monumentation adequate for the present survey and future resubdivision or resurvey of the property. (Maximum distance between center line monuments to be 1,000 feet.)

(2) Find and show on the map the existing road center line and/or monument lines of record in existing roads adjacent to the parcels being surveyed. If monuments are below the road surface and not enclosed in monument boxes, show the existing record data on all monuments on the map of the survey and uncover only such monuments as are needed for establishment of the survey and verification of points and lines.

(p) Monumenting road rights-of-way and road easement lines (public and private).

(1) Monument the road right-of-way or road easement lines at the point of intersection with the property line.

(2) Monument the road right-of-way or road easement lines at all BC's and EC's or angle point if there is no curve. NOTE: County regulations require curvilinear alignment for newly created or widened roads.

(3) Monument the proposed right-of-way line rather than the existing one if the survey involves a right-of-way or easement to be widened in connection with a land development project.

(4) Find and show on the map of the survey the existing right-of-way or easement monuments of record.

(q) Monumenting drainage, flood-control and utility easements (existing and proposed).

(1) Monument drainage and flood-control easement lines rather than the property lines in situations where the easement is adjacent to the property lines and it would not be appropriate or practical to set the monument on the property line because of flowing water, erosion, proposed construction, etc.

(2) Monument the proposed property lines in situations where land is to be purchased or dedicated in fee in connection with a land development project.

(3) Monuments on easement lines other than those described in (1) and (2) above are not required unless they are needed to determine the setbacks for buildings or other permanent improvements.

(4) Show all easement widths, bearing, distances, ties and recording data (if recorded) on the map of the survey. (Required regardless of whether monuments are provided.)

(r) All monuments shall be subject to inspection and approval by the County Surveyor before approval of the map. In case the improvements in the subdivision are proposed to be installed subsequent to the recordation of the map, the County Surveyor may authorize the placing of reference point markers in lieu of some of the interior monuments required by this chapter which cannot be permanently placed until completion of the improvement work. In such case the agreement for the improvement work shall include the placing of the permanent monuments required by this chapter.

(s) At the County Surveyor's option, interior monuments need not be set at the time the final map is recorded if the engineer or surveyor certifies on the map that the monument will be set on or before a specified later date, and if the subdivider furnishes to the Board a bond or cash deposit guaranteeing the payment of the cost of setting the monuments as part of the agreement.

(t) Within five days after the final setting of all monuments has been completed by the engineer or surveyor, he/she shall give written notice to the subdivider, and to the County Surveyor that the final monuments have been set.

Upon payment to the engineer or surveyor for setting the final monuments, the subdivider shall present to the County Surveyor evidence of such payment and receipt thereof by the engineer or surveyor. If the subdivider does not present evidence to the County Surveyor that he has paid the engineer or surveyor for the setting of the final monuments, and if the engineer or surveyor notifies the Board that he has not been paid by the subdivider for the setting of the final monuments, the Board may, within three months from the date of said notification, pay the engineer or surveyor from any deposit the amount due.

(u) In the event of the death, disability, or retirement from practice of the engineer or surveyor charged with the responsibility for setting monuments, or in the event of his refusal to set such monuments, the Board may direct the County Surveyor, or such engineer or surveyor as it may select, to set such monuments. When the monuments are so set, the substitute engineer or surveyor shall amend any map filed pursuant to this chapter. All provisions of this chapter relating to payment shall apply to the services performed by the substituted engineer or surveyor.

(Ord. No. NS-1203.35, § 4, 3-13-78; Ord. No. NS-1203.82, § 2, 1-13-87; Ord. No. NS-1203.124, § 14, 12-13-16)

The following affidavits and certificates, with acknowledgments where appropriate, shall appear on the final map:

(a) Owner's certificate, with acknowledgments, consenting to the preparation and recording of the final map and to the dedication or offer to dedicate interest in real property for specified public purpose. Said certificate must be signed by all parties having any record title interest in the real property being subdivided, except as follows:

(1) Neither a lien for state, County, municipal or local taxes, nor the special assessments, nor a trust interest under bond indentures, or mechanics' liens constitute a record title interest in land for the purpose of this chapter.

(2) The signature of either the holder of beneficial interests under trust deeds or the trustee under such trust deeds, but not both, may be omitted. The signature of either shall constitute a full and complete subordination of the lien of the deed of trust to the map and any interest created by the map.

(3) Signatures of parties owning the following types of interest may be omitted if their names and the nature of their respective interests are stated on the final map:

a. Rights-of-way, easements or other interests which cannot ripen into a fee, except those owned by a public entity or public utility. A procedure for omitting the signature of a public entity or public utility is set forth in Government Code § 66436.

b. Rights-of-way, easements or reversions, which by reason of changed conditions, long disuse or latches appear to be no longer of practical use or value and signatures are impossible or impractical to obtain. A statement of the circumstances preventing the procurement of the signatures shall also be stated on the map.

c. Interests in or rights to minerals, including but not limited to oil, gas or other hydrocarbon substances.

(4) In the event any street shown on a subdivision map is not offered for dedication, the owner's certificate may contain a statement to this effect.

If such statement appears on the map and if the map is approved by the Board, the use of any such street or streets by the public shall be permissive only.

(5) 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 such real property unless and only to the extent and intent to dedicate such facilities is expressly stated in the certificate.

(b) Clerk's certificate—Board approval. The final map shall contain a certificate for execution by the clerk of each approving legislative body stating that the body approved the map and accepted or rejected, on behalf of the public, any real property offered for dedication for public use in conformity with the terms of the offer of dedication.

(c) Engineer's or surveyor's certificate. Engineer's or surveyor's certificate shall give the date of the survey, state that the survey and final map were made by him or under his direction, and that the survey is true and complete in conformance with usual survey practice as shown.

The certificate shall also state that all the monuments are of the character and occupy the positions indicated, or that they will be set in such positions on or before a specified later date, but in no event later than 24 months after recording. The certificate shall also state that the monuments are, or will be, sufficient to enable the survey to be retraced.

(d) Recorder's certificate. County Recorder's certificate stating the date at which the map was received for recording and that after having examined the map it was acceptable for recording. It shall also contain the recording date.

(e) County Surveyor's certificate. County Surveyor's certificate stating:

(1) He/she has examined the map.

(2) The subdivision as shown is substantially the same as it appeared on the tentative map, and any approved alterations thereof.

(3) All provisions of this chapter and of all local ordinances applicable at the time of approval of the tentative map have been complied with.

(4) He/she is satisfied that the map is substantially correct.

(Ord. No. NS-1203.35, § 4, 3-13-78; Ord. No. NS-1203.124, § 15, 12-13-16)

The County Surveyor shall complete and file with the Board his certificate within 20 days from the time the final map is submitted to him by the subdivider for approval, if all tentative map conditions and all requirements of this chapter are met.

(Ord. No. NS-1203.35, § 4, 3-13-78)