California Surveyors Forums

I have a Parcel Map that was signed and approved by all reviewing agencies. The map is ready to record. My client has decided to hold onto the map for a period of time. I cant find anything in the SMA that says there is a time limit to when they have to record the map. I'm sure it's there. Just cant find it. Anyone know how long an owner has to record a parcel map after it is approved?

It sounds like all the conditions of approval have been signed off.

Section 66452.6 (d) of the SMA speaks to the expiration of the approved tentative map terminating all proceedings and no final or parcel map shall be filed without first processing a new tentative map.

It does provide for delivery to the county surveyor or city engineer being deemed a timely filing for purposes of this section.

So, if your client is holding on to the map, the clock keeps ticking.

More to the point is section 66450 (c), where the county surveyor or city surveyor shall complete his or her certificate or statement within 20 days from the time the parcel map is submitted to him or her for approval. The completed parcel map shall be delivered to the county recorder or, if required by local ordinance, filed with the legislative body prior to delivery to the county recorder, within the same 20-day period.

Bottom line is, if the map has been signed and approved, it needs to be delivered to the county recorder (not the subdivider).

Thanks Warren. For clarification please..... The tentative expired about a year ago. Prior to it expiring, the signed mylars were submitted to the County and "approved" by all to record. It is my understanding and experience that the owner then has the right to record or not record the map. Are you saying he/she only has 20 days to record the map from the time the final map is approved as ready to record? Or is there any time limit to when they can record the map (irrespective of the potential title dangers if you delay).

I wasn't aware of a discretionary limit on recording. The tolling of the tentative map expiration is for purposes of the local agency processing the parcel map. The 20 day period after that happens is regulatory.

The portion of 66452.6 (d) that I didn't cite says that once a timely filing is made, subsequent actions of the local agency, including, but not limited to, processing, approving, and recording, may lawfully occur after the date of expiration of the tentative map.

It's a stretch to say that anything other than normal processing would be allowable. I have seen tax bonds hold the process up, however.

Be aware that as of Jan 1, 2015, changes to Civil Code 1189 went into effect which changes the form and content of the notary statements on your map. End result being that the recorder will likely not record your map unless you get the notary statements amended. Changing the map post agency approval is something you should discuss with the agency surveyor and/or planner.

I'm not sure why any agency would give the final mylar back to the land owner for delivery to the recorder. For several reasons. Also see Section 66464 of the SMA which discusses things such as "...the city clerk shall transmit the map to the county recorder." While this section is not all inclusive as to agency delivery, it should, and it should be hand in hand with the subdivision guarantee letter from the title company.

there might also be the issue of title and any changes of title. Here I do not sign the map until it is ready for delivery to the recorder and we deliver it. If someone wants to sit on a map, they do so without my signature.

Our Recorder's office requires a subdivision guarantee issued within the previous 5 days. Not such an onerous requirement, probably initiated from some past snafu.

Warren Smith wrote:Our Recorder's office requires a subdivision guarantee issued within the previous 5 days. Not such an onerous requirement, probably initiated from some past snafu.

It comes from the requirements in 66465.

Here is the official position I was given today by the recording agency.... more or less summarized.... The map has been signed by everyone but the recording agency. Owner still holds the map. Once the map is given to the agency for signature and signed, the tentative map ceases. The owner then has the right to either have it recorded or not. The owner can wait as long as they want to record the map. There is no expiration. End.

Obviously the owner risks clouds in title, changing of the guard in people who signed/notarized the map, new tax bonds and taxes, etc., but they have the right and ability to wait if they choose.

Glad this doesn't happen very often.

I would consult with a land use attorney. An argument by a party opposed to the subdivision could be made that a timely filing has not occurred if the parcel map is not in the possession of the County Surveyor. If an event occurs such as the tax clearance is no longer valid since new taxes are due and payable (i.e. new tax clearance), or the tax bonding period becomes applicable, the County Surveyor cannot take the map to the legislative body for approval without the subdivider having to perform additional tasks. If the tentative map expired, SMA 66452.6(d) may terminate all proceedings.

66452.6. Tentative Map Approval Time Limits; Moratoriums and Lawsuits Effect Upon Approval of Time Limits; Time Extensions

(d) The expiration of the approved or conditionally approved tentative map shall terminate all proceedings and no
final map or parcel map of all or any portion of the real property included within the tentative map shall be filed with the
legislative body without first processing a new tentative map. Once a timely filing is made, subsequent actions of the local
agency, including, but not limited to, processing, approving, and recording, may lawfully occur after the date of expiration
of the tentative map. Delivery to the county surveyor or city engineer shall be deemed a timely filing for purposes of this
section.

PLS6217 wrote:Here is the official position I was given today by the recording agency.... more or less summarized.... The map has been signed by everyone but the recording agency. Owner still holds the map. Once the map is given to the agency for signature and signed, the tentative map ceases. The owner then has the right to either have it recorded or not. The owner can wait as long as they want to record the map. There is no expiration. End.

Obviously the owner risks clouds in title, changing of the guard in people who signed/notarized the map, new tax bonds and taxes, etc., but they have the right and ability to wait if they choose.

Glad this doesn't happen very often.

This is kind of scary. I can't imagine why the agency would sign the map and then give it back to the Owner. There are just so many disturbing scenarios out there that could result from giving Owner the ability to record the map whenever. If I were that agency, I would pray that Owner records the map ASAP or sells the land. If he sells, then the map can't be recorded because the owner who signed the map wouldn't be current.

With regard to the notary acknowledgment, as long as the signatures and notary occurred pre-2015, then no update to the language is required.

PLS6217 wrote:
> Here is the official position I was given today by the recording agency....
> more or less summarized.... The map has been signed by everyone but the
> recording agency. Owner still holds the map. Once the map is given to the
> agency for signature and signed, the tentative map ceases. The owner then
> has the right to either have it recorded or not. The owner can wait as long
> as they want to record the map. There is no expiration. End.
>
> Obviously the owner risks clouds in title, changing of the guard in people
> who signed/notarized the map, new tax bonds and taxes, etc., but they have
> the right and ability to wait if they choose.
>
> Glad this doesn't happen very often.

I think this may be wrong. Take a look at Mcpherson v. City of Manhattan Beach.

"Ordinarily, the failure to record the final map prior to the expiration of the tentative terminates all proceedings.  (Gov.Code, § 66463.5 subd. (b).)  However, “[o]nce a timely filing is made, subsequent actions of the local agency, including ․ processing, approving and recording, may lawfully occur after the date of expiration of the tentative map.   Delivery to the county surveyor or city engineer shall be deemed a timely filing for purposes of this section.”  (Ibid.) Though appellants concede the tentative expired before they recorded the parcel map in 1996, they argue their filing of the vesting final parcel map with the city engineer in 1991 preserved their rights under the tentative.   We disagree. The purpose of deeming delivery to the city engineer to be a timely filing was to “eliminate occasions where a subdivider must refile a tentative map because the local agency did not keep it moving through the approval process, and the validity period expired through no fault of the subdivider.”   (Assem. Bill No. 2740 (1985-1986 Reg. Sess.) Conf. Com., coms. at p. 2, emph. added.)   Thus, so long as the developer fulfills its obligations, subsequent actions of the local agency can take place after the tentative expires (thereby protecting the developer from being prejudiced by the agency's delays). Here, however, the map was recorded after expiration of the vesting tentative map not because of any action of the local agency, but because of Highland's own inaction.   There is no claim the delay was caused by an action on the part of any agency.   Rather, Highland failed to pay the taxes and provide monument inspection data, each of which is a prerequisite to recording.  (Gov.Code, §§ 66492-66497.) Under the unique circumstances of this case, we are compelled to hold the delivery of the final map to the city engineer did not constitute a timely filing for purposes of preserving vesting rights under the approved vesting tentative map.   Though we recognize this is an issue of first impression, this interpretation is the only one which makes any sense and preserves the purpose of the statute.   To hold otherwise would permit a developer to secure tentative vesting rights in perpetuity, simply by submitting the map to the city engineer while cleverly, or inadvertently, withholding payment of the requisite taxes.   Indeed, under appellants' theory, appellants could have waited 10 years to pay the taxes necessary before recordation could occur and still have retained a vested right to proceed under the 1990 height limitations.   A developer who fulfilled the recording prerequisites and submitted a recordable map, in contrast, would find the duration of his or her vesting rights limited to an additional year or two.  (See Gov.Code,  §§ 66452.6 former subd. (g), 66498.5, subd. (b);  MBMC, § 11.76.080 [once a map is recorded, the rights conferred by a vesting tentative parcel map last for one year, two years if it is extended].)   We cannot subscribe to such an interpretation of the Act, which so clearly contravenes its purpose and leads to absurd results.5" - See more at: http://caselaw.findlaw.com/ca-court-of- ... vsmGa.dpuf