Dedications or offers within remainder parcels

[D Ryan]

Steve,

Absolutely. It falls within the ownership of the subdivider (and the subdivision, even though it's not one of the lots/parcels for sale, lease, or finance) and may be necessary for the orderly development of the land. We see 'em all the time.

Dave Ryan

[D Ryan]

If it was a condition of subdivision approval, the County Surveyor cannot approve the map until all conditions are met (66473 Map Act). So in that respect, the owner can refuse. But then he has no project...

[Scott]

Isn't it true that conditions for PM or FM approval on a remainder can only be required "for reasons of: The public health and safety; or ... the orderly development of the surrounding area" (66424.6)? We have a situation where the curb, gutter and sidewalk are already built on our VTPM northern border and the county wanted us to dedicate more R/W as a condition. The general plans involved (there are 3 of them, 1 County and 2 cities) do not exactly agree with each other and are not exactly clear as to what width they want the street. Right now the curb and R/W street width match a whole bunch of subdivisions adjacent to us and all the way down the street into the city we are going to be annexed in to, in the near future. We managed to make that portion of our map a Remainder and those conditions went away.
BTW, what is an IOD?

[Peter Ehlert]

IOD = irrevocable offer to dedicate

the offer remains open (forever) even if rejected

the way to make one go away is for the local agency to accept it and then vacate/abandon it

[goodgps]

Are you sure the Public agency has to accept it ? I've seen many a document that just simply abandons the "offer" then describes what the offer was and declares no pulic interest in the described portion. This process still goes before public notice.

Have a bunch of these Public agencies been doing this wrong ?

"G"