Certificates and acknowledgments to be shown, which may be combined
where appropriate:
A.
A certificate
signed and acknowledged by all parties having any title interest in
the land subdivided consenting to the preparation and recordation
of the map; provided, however, that the signatures of parties owning
the following types of interest may be omitted if their names and
nature of their interest are set forth on the map:
1.
Rights-of-way,
easements or other interests which cannot ripen into a fee, except
those owned by a public entity or public utility. If, however, the
board determines that division and development of the property in
the manner set forth on the approved or conditionally approved tentative
map will not unreasonably interfere with the free and complete exercise
of the public entity or public utility right-of-way or easement, the
signature of the public entity or public utility may be omitted. Where
such determination is made, the subdivider shall send, by certified
mail, a sketch of the proposed final map, together with a copy of
this section, to any public entity or public utility which has previously
acquired a right-of-way or easement.
If the public entity or utility objects to either (a) recording
the final map without its signature; or (b) the determination of the
board that the division and development of the property will not unreasonably
interfere with the full and complete exercise of its right-of-way
easement, it shall so notify the subdivider and the board within thirty
days after receipt of the materials from the subdivider.
If the public entity or utility objects to recording the final
map without its signature, the public entity or utility so objecting
may affix its signature to the final map within thirty days of filing
its objection with the board.
If the public entity or utility either (a) does not file an
objection with the board; or (b) fails to affix its signature within
thirty days of filing its objection, to recording the map without
its signature, the clerk may record the final map without such signature.
If the public entity or utility files an objection to the determination
of the board that the division and development of the property will
not unreasonably interfere with the exercise of its right-of-way or
easement, the board shall set the matter for public hearing to be
held not less than ten nor more than thirty days of receipt of the
objection. At such hearing, the public entity or public utility shall
present evidence in support of its position that the division and
development of the property will unreasonably interfere with the free
and complete exercise of the objector's right-of-way or easement.
If the board finds, following the hearing, that the development
and division will in fact unreasonably interfere with the free and
complete exercise of the objector's right-of-way or easement, it shall
set forth those conditions whereby such unreasonable interference
will be eliminated and upon compliance with such conditions by the
subdivider, the final map may be recorded with or without the signature
of the objector. If the board finds that the development and division
will in fact not unreasonably interfere with the free and complete
exercise of the objector's right-of-way or easement, the final map
may be recorded without the signature of the objector, notwithstanding
its objections thereto.
Failure of the public entity or public utility to file an objection
pursuant to this section shall in no way affect its rights under a
right-of-way or easement.
2.
In
the case of rights-of-way, easements, or reversions, which by reason
of changed conditions or long disuse appear to be no longer of practical
use or value and as to which signature is impossible or impractical
to obtain, a reasonable statement of the circumstances preventing
the procurement of the signature shall be set forth on the map.
3.
Any
subdivision map including land originally patented by the United States
or the state, under patent reserving interest to either or both of
these entities, may be recorded under the provisions of this title
without the consent of the United States or the state thereof, or
to dedications made thereon.
4.
Interest
in or rights to minerals including, but not limited to, oil, gas,
or other hydrocarbon substances, if (a) the ownership of such interests
or rights does not include a right of entry in the surface of the
land, or (b) the use of the land, or the surface thereof, in connection
with the ownership of such interest or rights is prohibited by zoning
or other local ordinances or regulations, provided that such signatures
may be required by the board;
B.
A certificate
signed and acknowledged by the property owner(s) offering for dedication
all parcels of land shown as intended for public use, except those
parcels other than streets and alleys which are intended for the exclusive
use of the lot owners in the subdivision, their licenses, visitors,
tenants, and servants;
C.
A certificate
for execution by the commission secretary;
D.
A certificate
for execution by the county surveyor;
E.
A certificate
for execution by the county clerk;
F.
A certificate
for execution by the county road commissioner;
G.
A certificate
by the registered civil engineer or licensed land surveyor responsible
for the survey and final map, which shall be accompanied by his seal;
H.
A certificate
for execution by the county tax collector;
I.
A certificate
for execution by the county recorder;
J.
A certificate
for execution by the county director of environmental resources.
(Prior code §9-34; Ord. NS 1061 §2, 1981; Ord.
CS 179 §1, 1986)
Prior to the filing of the final map with the board, the subdivider
shall file with the clerk of the board a certificate from the tax
collector showing that according to the records of his office there
are no liens against the subdivision or any part thereof for unpaid
state, county, municipal or local taxes or special assessments collected
as taxes, or special assessments not yet payable.
A.
As
to taxes or special assessments collected as taxes not yet payable,
the subdivider shall file with the clerk of the board a certificate
by the tax collector giving his estimate of the amount which is a
lien but not yet payable.
B.
Whenever
any part of the subdivision is subject to a lien for taxes or special
assessments collected as taxes which are not yet payable, the final
map shall not be recorded until the owner or subdivider executes and
files with the board a good and sufficient bond, to be approved by
the board, and by its terms made to inure to the benefit of the county,
and conditioned upon the payment of all state, county, municipal and
local taxes, and all special assessments collected as taxes, which
at the time the final map is recorded are a lien against the property
but which are not yet payable. In lieu of a bond, a deposit may be
made of money or negotiable securities in the same amount and of the
kind approved for securing deposits of public money.
(Prior code §9-35; Ord. NS 1061 §2, 1981; Ord.
CS 179 §1, 1986)
