SEARCH SCCgov

HOME | A-Z SERVICES | CONTACTS | FAQs | SUGGESTIONS | SITE MAP | ABOUT US   AGENCIES & DEPTS

County Connection |Handling Emergencies |Living and Working |Health and Human Care |Doing Business |Law and Justice

View recently adopted ordinances as of January 13, 2009 NOT YET CODIFIED OR INTEGRATED IN THIS SITE. (pdf file)

Ordinances enacted through January 13, 2009

Copyrighted by SANTA CLARA COUNTY CODE & Municipal Code Corporation, 1998.

Previous heading / Next heading / Table of Contents

__________

Sec. C12-27. Affidavits and certificates on final maps.

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 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 is satisfied that the map is substantially correct.

(Ord. No. NS-1203.35, § 4, 3-13-78)

__________

County Policy | Privacy Policy | Accessibility | Site Map | Contact Webmaster | Site Help All Content Copyright ©2009, the County of Santa Clara, CA