§ 4-4.603. Certificates and Tax Bond.

(a)

The following certificates and acknowledgments and others required by law shall appear on the final map; such certificates may be combined where appropriate.

(1)

Certificate by Parties Holding Title. A certificate signed and acknowledged by all parties having any title interest in the land subdivided, consenting to the preparation and recordation of said map, provided however, that the signatures of parties owning the following types of interests may be omitted if their names and the nature of their interests are set forth on the map.

(i)

Rights-of-way, easements or other interest which cannot ripen into a fee, except those owned by a public entity or public utility unless it is determined by the City Council that division and development of the property in the manner set forth on the final map will not unreasonably interfere with the free and complete exercise of the public entity or public utility right-of-way or easement; provided that such signatures may be required by the City Council. If such signatures are not required by the City Council, 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 public utility objects to recording the final map without the signature of each public entity or public utility, it shall so notify the subdivider and within thirty (30) days after receipt thereof, otherwise the signature may be omitted. Failure of the public entity or public utility to object to recording the final map without its signature shall in no way affect its rights under a right-of-way easement.

(ii)

Rights-of-way, easements or reversions, which by reason of changed conditions, long disuse or laches appear to be no longer of practical use or value and which signature it is impossible or impractical to obtain. In this case, a reasonable statement of the circumstances preventing the procurement of the signature shall be set forth on the map.

(iii)

Any subdivision map including land originally patented by the United States or this State, under patent reserving interest to either or both of these entities, may be recorded under the provisions of this article without the consent of the United States or of this State thereto, or to dedication made thereon.

(iv)

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 on the surface of the land; or

(B)

The use of the land, or the surface thereof, in connection with the ownership of such interests or rights, is prohibited by zoning or other local ordinances or regulations, provided that such signatures may be required by the City Council.

(2)

Dedication Certificate. A certificate signed and acknowledged as above offering for dedication all parcels of land shown on the final map and intended for any public use, except those parcels other than streets which are intended for the exclusive use of the lot owners in the subdivision, their licensees, visitors, tenants and servants.

(3)

Engineer's Certificate. A certificate by the civil engineer or licensed surveyor responsible for the survey and final map. The signature of such civil engineer or surveyor, unless accompanied by his/her seal, must be attested.

(4)

Certificates for execution by each of the following:

(i)

Public Works Director;

(ii)

Secretary of the Planning Commission;

(iii)

City Clerk;

(iv)

County Recorder.

(5)

Certificates Regarding Tax Liens.

(i)

Prior to the filing of the final map with the governing body, the subdivider shall file with the Clerk of the Board of Supervisors of Stanislaus County, a certificate from the official, computing redemptions in the County or any municipal corporation in which any part of the subdivision is located, showing that, according to the records of his/her 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, except taxes or special assessments not yet payable.

(ii)

As to taxes or special assessments collected as taxes not yet payable, the subdivider shall file with the Clerk of the Board of Supervisors mentioned, a certificate by each proper officer giving the Clerk's estimate of the amount of taxes and assessments which are a lien but which are not yet payable.

(iii)

Whenever any part of the subdivision is subject to 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 of Supervisors, a good and sufficient bond to be approved by said 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 bonds in the same amount, and of the kind approved for securing deposits of public money.

(Ord. 1041-N.S., amended by Ord. 1436-C.S., Ord. 1437-C.S., Ord. 3128-C.S., § 4, and Ord. 3364-C.S., § 3, effective 12-9-04)