Pursuant to the provisions of California
Government Code Section
66499.20-3/4, a merger and certificate of merger of existing contiguous
parcels of real property may be approved by the Director of the Department
of Public Works and a certificate of merger filed for record by the
County Recorder only where the Director of the Department of Public
Works makes all of the following findings:
A. The
merger will not affect any fees, grants, easements, agreements, conditions,
dedications, offers to dedicate or security provided in connection
with any approvals of divisions of real property or lot line adjustments.
B. The
boundaries of the merged parcel are well-defined with adequate monumentation
in existing recorded documents or filed maps.
C. The
document used to effect the merger contains an accurate description
of the boundaries of the resulting parcel.
D. All
parties having any record title interest in the real property affected
have consented to the merger upon a form and in a manner approved
by the Director of the Department of Public Works of the City of Santa
Barbara according to the terms, provisions, reservations and restrictions
provided in
Government Code Section 66436 for such consent, excepting
those interests that are excepted by statute from the consent requirement.
E. There
has been compliance with all requirements and all fees have been paid,
including a fee for recording the certificate of merger.
(Ord. 4412, 1986)
Where determined to be necessary by the Director of the Department of Public Works in order to monument and define the boundaries of the merged parcel, a record of survey in compliance with all legal requirements shall be filed at the same time as the certificate of merger. The City standard for such record of survey shall include measured connections (ties) of the monuments and boundaries of such record of survey to the approved City Survey Control Network in the same manner as is provided for maps under Section
27.10.080 of this code.
(Ord. 4412, 1986; Ord. 5120, 1999)
The recordation of a certificate of merger shall constitute
a merger of the separate parcels shown thereon into one parcel for
the purpose of the Subdivision Map Act and this title, and the parcels
shall thereafter be treated in all respects as a single parcel.
(Ord. 4412, 1986; Ord. 5380, 2005)
No person shall record a document merging separate legal parcels
into a single legal parcel for the purposes of the Subdivision Map
Act and this title except in conformity with the provisions of this
chapter.
(Ord. 4412, 1986; Ord. 5380, 2005)
The City Council may establish by resolution such fees as may
be required for the review and processing of a proposal for voluntary
merger.
(Ord. 4412, 1986)