The superior court of the county may cause all or any portion
of the real property included within the boundaries of a subdivision
to be excluded from such subdivision and the recorded map to be altered
or vacated, in accordance with the procedures set forth in this chapter.
(Prior code 9-32; Ord. NS
1061 §2, 1981; Ord. CS 179 §1, 1986)
A proceeding for exclusion shall be initiated by filing a petition
therefor in the offices of the department of public works and county
clerk. The petition shall accurately and distinctly describe the real
property sought to be excluded by reference to the recorded map or
by any accurate survey, shall show the names and addresses of all
owners of real property in the subdivision or in the portion thereof
sought to be excluded as far as the same are known to the petitioners,
and shall set forth the reasons for the requested exclusion. The petition
shall be signed and verified by the owners of at least two-thirds
of the total area of the real property sought to be excluded.
(Prior code §9-32(a); Ord. NS 1061 §2, 1981; Ord.
CS 179 §1, 1986)
The petition shall be accompanied by a new map showing the boundaries
of the subdivision as it appears after the exclusion and alteration,
the new map to designate as numbered or lettered parcels those portions
excluded and show the acreage of each such parcel. If the map can
be compiled from data available, an actual field survey shall not
be required. If the map meets with the approval of the director, a
certificate by an engineer or surveyor shall not be required.
(Prior code §9-32(b); Ord. NS 1061 §2, 1981; Ord.
CS 179 §1, 1986)
Upon the filing of a petition pursuant to this chapter, any
judge of the superior court of the county shall make an order directing
the clerk of the court to give notice of the filing of the petition.
The notice shall be for once a week for a period of not less than
five consecutive weeks and shall be given by publication in a newspaper
of general circulation within the county. The notice shall contain
a statement of the nature of the petition together with a direction
that any person may file his written objection to the petition at
any time before the expiration of the time of publication. Upon expiration
of the time of publication, an affidavit showing such publication
shall be filed with the clerk of the court.
(Prior code §9-32(c); Ord. NS 1061 §2, 1981; Ord.
CS 179 §1, 1986)
The court may, if no objection has been filed, proceed without
further notice to hear the petition. If during the hearing the petitioners
produce to the court satisfactory evidence of the necessity of the
exclusion of the real property, that the owners of two-thirds of the
area of the real property sought to be excluded are the petitioners,
and that there is no reasonable objection to making such exclusion,
the court may proceed to exclude the real property sought to be excluded
by the petition, and order the alteration or vacation of the recorded
map, and enter its decree accordingly.
(Prior code §9-32(d); Ord. NS 1061 §2, 1981; Ord.
CS 179 §1, 1986)
If objection is made to the petition which, in the judgment
of the court is material, the court shall proceed to hear such objection
and may adjourn the proceedings to such time as may be necessary upon
proper notice to the petitioners and objectors.
(Prior code §9-32(e); Ord. NS 1061 §2, 1981; Ord.
CS 179 §1, 1986)
The exclusion of any real property or the alteration or vacation
of any recorded map pursuant to this chapter shall not affect or vacate
the whole or any part of any public street or highway.
(Prior code §9-32(f); Ord. NS 1061 §2, 1981; Ord.
CS 179 §1, 1986)
A certified copy of the decree of the superior court excluding
any real property or ordering the alteration or vacation of any recorded
map pursuant to this chapter shall be recorded in the office of the
county recorder. The county recorder shall make upon the face of any
such recorded map a memorandum stating briefly that the recorded map
has been altered or vacated, whichever the case may be, and giving
the date and reference of the decree.
(Prior code §9-32 (g); Ord. NS 1061 §2, 1981; Ord.
CS 179 §1, 1986)
At the time a certified copy of the decree of court is recorded, a copy of the new map required by Section 20.36.030 shall be filed for record with the county recorder who shall file it in accordance with the provisions of Section 66466 of the Government Code. A copy of the new map shall also be filed with the department of public works and the department. A reference to this map shall be sufficient identification of the real property for assessment purposes.
(Prior code §9-32(h); Ord. NS 1061 §2, 1981; Ord.
CS 179 §1, 1986)
