§ 17.28.010. General requirements.

A.

A tentative map condition may require a subdivider to dedicate or irrevocably offer to dedicate real property within any subdivision that is needed for streets, alleys, pedestrian paths, including access rights and abutter's rights, drainage, public utility easements, and other public easements. Such irrevocable offers may be terminated as provided in Section 17.28.090. In addition, the subdivider shall improve or agree to improve all streets, alleys, bikeways, pedestrian paths, including access rights and abutter's rights, drainage, public utility easements, and other public easements.

B.

All streets, highways and alleys, and other parcels of land intended for public use, including but not limited to access road easements required for flood control and utilities intended for public use, shall be offered for dedication to the public by owner's certificate as a part of a final land division map. No utility easement or other rights-of-way shall be granted within proposed street dedications subsequent to the date of filing of a preliminary tentative map. Necessary rights-of-way outside of the tract boundary must be processed by separate instruments.

C.

Dedications of or offers to dedicate interests in real property of specified public purposes shall be made by a statement on the parcel or final map signed and acknowledged by those parties having any record title interest in the property being subdivided, subject, however, to Section 17.08.100 in the case of final maps or Section 17.08.140 in the case of parcel maps. All streets shown on a final or parcel map are presumed to be offered for dedication. Therefore, in the event any street shown on such map is not offered for dedication, the statement must so state. Only if such statement appears on the map and the map is approved by the advisory agency, or on appeal the board, will the use of any such street or streets by the public be considered permissive only.

D.

An offer of dedication of real property for street or public utility easement purposes shall be deemed not to include any public utility facilities located on or under such real property unless and only to the extent that an intent to dedicate such facilities is expressly stated in the statement.

E.

The advisory agency, or on appeal the board, may require that such dedication or offer of dedication be made by deed in lieu of, or in addition to, those appearing on the map. If made by deed in lieu of or in addition to those appearing on the map, such dedications or offers of dedication shall be recorded concurrently with or prior to the map being recorded.

(Ord. 887 § 25, 1988: Ord. 854 § 2 (part), 1987: prior code § 11648)