Creating a "Contiguous Parcel" over an existing Conveyance

JMS8070 · Post by **JMS8070** » Wed Jan 09, 2013 10:59 am

We have a situation where one parcel of land was split by a county flood control FEE strip. I know by SMA Section 66426.5 that we still have only one parcel and we are allowed to subdivide that parcel on one parcel map.

Now is where things become a little fuzzy:
Do any of you think, by virtue of SMA Section 66426.5, that we are allowed to create one parcel that straddles the fee strip (as shown in the attached PDF)?

Thoughts? If yes, can you post an example of a parcel/final map doing it?

goodgps · Post by **goodgps** » Wed Jan 09, 2013 11:46 am

Of course you can.

I havent time to look for example but maybe i can find one later.

Stephen Johnson · Post by **Stephen Johnson** » Wed Jan 09, 2013 1:40 pm

If you can get an access easement from the county.

Ian Wilson · Post by **Ian Wilson** » Thu Jan 10, 2013 5:33 am

Yes.

You don't need an easement from anyone. The "Rule Book" (SMA) says the parent parcel us one, contiguous parcel even though its split by a fee strip to a government agency.

Thevknifeccuts both ways. This nugget was added to prevent the owner of the parent parcel from bring able to further subdivide the property into 8 parcels with a pair of Parcel Maps; one on either side of the strip. However, that knife cuts both ways.

BTW - keep me informed. This Parcel Map will make a beautiful real-works example of this scenario!

JMS8070 · Post by **JMS8070** » Thu Jan 10, 2013 6:15 am

Thanks for everyone's input! We still have a couple of other issues to work out with the City before this map will be finalized, but if it does go through I will send a PDF to you Ian.

JMS8070 · Post by **JMS8070** » Fri Feb 01, 2013 12:15 pm

Fortunately (or unfortunately, depending on how you look at it), the client is purchasing the strip of land from flood control and flood control is reserving an easement for their current improvements.

Again, thanks for everyone's input.