SMA Question

[Mike Mays]

I am working with a local governmental agency to create a parcel to be acquired from a private land owner. This parcel is comprised of portions of two existing lots. The Subdivsion Map Act 66428(a)(2) exempts this public entity from the parcel map process, so the "creation" of this new parcel will occur upon recordation of the conveyance document.

My question is: What happens to the existing, underlying lot line?

My intent is to extinguish any exisitng lines so our client ends up with a single parcel. An appropriate note can be included on the face of the deed or in the description of the parcel stating this is to be a single parcel land and all underlying lot lines, if any, are hereby extinguished. However, does a deed from a private owner to a governmental agency have the "authority" to extinguish underlying existing lines as a parcel map would?

[dmi]

1 convey to the local agency via deed.
2 file a lot merger or lot line adjustment to clean up the parts and pieces.
A parcel map would cost more,but in the years to come would it not be easier to refer Parcel "A" rather than a stacks of deeds?

[E_Page]

I don't see why the affirmative statement in the deed as you suggest would not accomplish it.

The deed is an expression of intent. If the intent is clearly stated that the parcel is to be considered one single parcel and not separate parcels, then I think it would stick.

[dmi]

The deed is a contract between the parties and I am not sure how it would be binding on third parites oh let's say local agencies. Although there was a case relating to "a stanger in title" that the courts upheld. What is the goal? One needs to employ the right tool for the job, or not. MOU with the local agency?

[Jim Frame]

"My intent is to extinguish any exisitng lines so our client ends up with a single parcel."

If the buyer is the local agency with jurisdictional authority over the parcel, it seems to me that procedures beyond acquisition by deed are superfluous. The agency can do what it wants with the parcel, regardless of whether or not someone chooses to view it as comprising multiple parcels.

I think I'd go with the plan to state in the deed the intent to create a single parcel and leave it at that.

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[Lehmann]

I see the waiver of a pm, have never seen the waiver of the process. How else could the necessary findings be made in order to comply?

[Jim Frame]

"Findings? We ain't got no findings. We don't need no findings! I don't have to show you any stinking findings!" (With apologies to John Huston.)

The agency buys the property and does what it wants with it. Who's going to complain, and to whom?

If it wants, the agency can find that the parcel is in compliance with the SMA and local zoning ordinances and record a Certificate of Compliance to that effect.

It's kind of like when the Postal Service buys a parcel. They negotiate with the landowner, cut out what they want by deed, and start developing their project. Complaints from the local agency about things like zoning, applications and fees are met with a "Sorry, we don't do that." No jurisdiction, end of story. (That's the way USPS used to work, anyway. It's been a couple of decades since I worked on one of their projects.)

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[Paul Goebel]

I have seen agencies process a Lot Line Adjustment in cases like this to merge the parcels. This keeps with the "spirit" of the Map Act and cleans everything up. If you are making deeds and plats anyway, it may not be that much more work to complete the Lot Line Adjustment.

[Mike Mays]

Thanks for all the responses.

Just to clarify, the buyer is not the governmental agency with jurisdictional authority.

At this point I believe we will proceed with the acquisition by deed, but we will recommend to the buyer that we process either a Merger or Certificate of Compliance application with the local jurisdiction. The creation by deed with a note regarding intent may extiguish the line (or may not...), but if we get the local jurisdications blessing and a COC recorded there will be no doubts.

[land butcher]

Sounds like a redevelopment agency land deal. Take from a private owner and give to a private owner and the new private owner wants just one parcel so as to not place restrictions on future building/development.
This is especially true for redevelopment shopping centers, the developer is thinking 25 years down the road when he may want to sell the property and the new buyer wants to demolish and rebuild and doesn't want a lot line down the middle of the property.

Personally I would try and find a way to force someone to file some kind of map.