City Engineer Stamp on a Record of Survey

[JasonCamit]

I need some feedback on what constitutes a City Engineer's Stamp on a Record of Survey.

The PLS Act (8762.5) states that: No record of survey of land shown on the latest adopted county assessment roll as a unit or as contiguous units, which shows a division of such land into additional parcels, shall be filed with the county surveyor or with the county recorder, unless there is attached thereto a certificate by the county surveyor if the land lies within an unincorporated area, or a certificate by the city engineer if the land lies within a city, of compliance with the provisions of the Subdivision Map Act, Division 2 (commencing with Section 66410) of Title 7 of the Government Code, and any applicable local ordinace enacted pursuant therto.

In the past, I have seen these certificates both in a county & city limits when a Lot Line Adjustment or a Parcel Map Waiver are monumented and an RS is submitted. This makes sense (I would prefer that the acting city surveyor should be the person to add the certificate).

The situation that I am in is this. A City was deeded land by Southern Pacific Railroad within the city limits. No subdivision was performed nor was it needed with RR land, as I understand the law and RR rights. This deeded parcel is being developed as a Train Depot, and funding will be granted to the city for this development only if the city owns the land (this is the reason for the acquisition). This Parcel of land is on the latest assessor roll and the city would like it monumented, which would require an Record of Survey to be filed.

The question is, Does the City Engineer need to add a Certificate based on PLS Act 8762.5? The county surveyor is requesting that this be included on the Record of Survey. I am not sure that it applies in this case. The RR rights that allow this conveyance comes from the "Public and Utility Code" 7526 (b) and not the SMA. What are your thoughts?