Ord 68ORDINANCE NO. 68
AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA,
A~ENDING SEC. 81.705 OF CHAPTER 7, DIVISION 1, TITLE 8
OF THE POWAY REGULATORY ORDINANCES
("DEDICATION PROCEDURE" · )
THE CITY COUNCIL FOR THE CITY OF POWAY DOES ORDAIN AS FOLLOWS:
Section 1. The State Subdivision Map Act allows for dedications required
as a condition of approval of parcel maps, to be made by certificate on the parcel
map, if so provided by local ordinance.
The City Council finds that allowing dedications of property, rights-of-
way, and/or easements on parcel maps, would expedite and simplify parcel map
processing.
Section 2. Section 81.705 (Dedication Procedure) of Chapter 7, Division 1,
Title 8 of the Poway Regulatory Ordinances for the City of Poway is deleted and
amended to hereinafter read as follows:
"Sec. 81.705. DEDICATION PROCEDURE. Pursuant to Section 66447 of the
Government Code, all dedications or offers of dedication required by the provisions
of this chapter shall be made as follows:
(a) Ail dedications or offers of dedication within the boundary of the
parcel map shall be made by certificate on the map. Said certificate shall be
combined with the owner's certificate as described in Section 81.808 of this division,
and shall be in a format as approved by the City Engineer. Any such dedication or
offer of dedication shall be free of any burden or encumbrances which would interfere
with the purposes for which the dedication or offer of dedication is required. The
subdivider shall provide the City Engineer with a parcel map report, including an
appropriate plat, when the parcel map is submitted per Section 81.705.2 of this
ordinance.
(b) Ail dedications or offers of dedication lying outside the boundary
of the parcel map shall be made by separate instrument and shall be recorded prior
to filing of the parcel map. Such dedications or offer of dedication shall be
signed and acknowledged by the same parties and in the same manner as set forth in
Sections 66436, 66439 and 66447 of the Government Code. An irrevocable offer of
dedication shall be in such term~ as to be binding on the owner, his heirs, assigns
or successors in interest, and except as provided in subsection (b) of Section 66477.2
of the Government Code, shall continue, until the City Council accepts such offer or
it is vacated pursuant to the provisions of said Section 66477.2. Any such dedication
or offer of dedication shall be free of any burden or encumbrances which would inter-
fere with the purposes for which the dedication or offer of dedication is required.
The subdivider shall provide a current preliminary title report, including an
appropriate plat, satisfactory to the City Engineer.
(c) Easements for Public Utilities or other public agencies may be dedi-
cated to and accepted by a Public Utility or Agency by certificate on the map.
(d) The provisions of paragraph (a) above notwithstanding, dedications
or offers of dedication within the boundary of a parcel map may be made by separate
instrument if the City Engineer determines that the use of separate instruments is
appropriate. In such cases the provisions of paragraph (b) above shall apply.
(e) When no parcel map is required, all dedications or offers of dedi-
cation shall comply with the provisions of paragraph (b) above.
Sec. 81.705.1 ACCEPTANCE PROCEDURE
(a) The parcel map shall contain a certificate, for execution by the
Mayor or other city officer so designated by the City Council to act on its behalf,
stating that the Mayor or other designated officer acting on behalf of the City
Council has accepted, subject to improvement, or rejected, on behalf of the public,
any real property or property interest offered for dedication for public use,
including but not limited to real property, rights-of-way, and easements for park, road,
street, alley, path, water, sewer, drainage, flowage, equestrian, recreation, open
space, or other public purposes.
(b) If at the time the parcel map is recorded, any offer of real property,
right-of-way, easement, or any other offer of dedication is rejected, the offer of
dedication shall remain open and the City Council may by resolution at any later date,
and without further action by the subdivider, rescind the action and accept the real
property, right-of-way, or easement, or any portion thereof, and open the roads,
streets, alleys, easements or other offers of dedication for public use, which
acceptance shall be recorded in the office of the County Recorder, as set forth in
Section 66463, 66477.1, 66477.2, 66477.3 of the Government Code.
Sec. 81.705.2. TITLE COMP~qY PARCEL ~LAP REPORT AND GUARANTEE.
(a) To expedite the verification of ownership and survey procedure by the
City Engineer, a parcel map report, including an appropriate plat, from a qualified
title insurance company which shall include all appurtenant access easements shall
accompany each parcel map when it is initially submitted for said City Engineer's
approval. When the City Engineer is satisfied that the boundary and survey procedure
is technically correct as shown on the parcel map and prior to approval of the final
parcel map, a parcel map guarantee from a qualified title insurance company shall be
filed with the City Engineer, which shall include a legal description of the property
which agrees with the parcel map.
(b) The parcel map guarantee shall insure that the parties named therein
are the only parties having any record title interest in the land subdivided and
that all record easements upon the property are included therein. Said easements
will be shown on the parcel map as directed by the City Engineer.
(c) Prior to the date the approved parcel map will be transmitted to the
County Recorder, a letter from the title company shall be presented to the City
Engineer stating that according to the records in the office of the County Recorder
at the time of filing of the parcel map in said office, the parties consenting to
such filing are all of the parties having a record title interest in the land being
subdivided whose signatures are required by Division 2 of Title 7 of the State
Government Code and any City of Poway code enacted pursuant thereto.
Introduced and first read at a regular meeting of the City Council of
the City of Poway held the 24th day of Auqust , 1982, and thereafter PASSED AND
ADOPTED at a regular meeting of said City Council held the 14thday of September,
1982, by the following vote:
AYES: COUNCI I~EMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCIL~EMBERS:
EMERY, KRUSE, ORAVEC, TARZY, SHEPARDSON
NONE
NONE
ATTEST:
iCITY CLERK