Looking for Parcel/Final map example of subdivision of private and public interest

[Ian McClain]

Does anyone have a copy of or reference to a Final or Parcel map that merges and re-subdivides both private parcels and city or county parcels?

[dedkad]

How would it be any different than just a two-party map where both owners sign as record title interest holders? And why a map and not just grant deeds back and forth, since conveyances to and from a public agency are exempt from map act requirements?

[mpallamary]

You might want to consider a reversion to acreage map or a simple lot line adjustment which does not require a ROS or recorded map unless you set monuments. Why do you want to merge? Can't you simply adjust?

[Anthony Maffia]

I'd think it would mess up ownership and create a joint tenancy situation. When a lot sells, who gets what percentage of the proceeds? And the government has special rules for selling off public property that would hamper disposal of the lots.

[Ian McClain]

It's an unusual case where open space lots have been dedicated by previous subdivision. A new tentative map proposes to slightly modify the open space boundaries based on comments from the government agency. This will trigger 65402. The cleanest way to do it seems to be with 66499.20 1/2: abandon the existing open space and re-dedicate. I'm looking for similar example that address 65402.

[Ian McClain]

Anthony: exactly my concern. If the existing government lots were abandoned, re-subdivided and rededicated it should address that concern.

[dedkad]

Maybe this wouldn't apply if the open space lots are owned in fee and there is no open-space easement over the top, but the process for abandoning open space is governed by Section 51093 of the Government Code, which is slightly more rigorous. There's more findings that need to be made than those in 65402 and some dealings with the tax man have to occur. Lawfully or not, we avoided (ignored?) the procedures in Section 51093 when we modified an open space easement recently because that section says "as to all of the subject land" and we were modifying the boundaries, not abandoning it completely.

[Ian McClain]

Dedkad,

The land in question is held in fee.

[Ian McClain]

Another question: can a Final Map or Parcel map serve as the vehicle for gov. code section 25365 (b).

Does 25365 (b) apply if a tentative map is being proposed on the parcels in question?

[Warren Smith]

Government Code section 25365:

"(b) The board of supervisors may also, by a four-fifths vote, exchange real property with any person, firm, or corporation, for the purpose of removing defects in the title to real property owned by the county, or where the real property to be exchanged is not required for county use and the property to be acquired is required for county use. If the real properties to be exchanged are not of equal value, either party to the exchange may contribute cash or other real property assets, acceptable to the other party, to balance the transaction. The value of any private real property exchanged shall be equal to, or greater than, 75 percent of the value of the county property offered in exchange. The cash or other real property assets to be added to balance the transaction shall not be greater than 25 percent of the value of the county property proposed for exchange."

So, if there are defects in the title, or no longer required for county use, it may apply - with the County as signatory to the map - or, as a standalone transfer to cure the defect and adjust the boundary of the map. If a City, there may be a similar provision in the division relating to governance of Cities.