SMA 66434(g) Question

[pls7809]

I am working on checking a Final Tract map for an agency that wants to abandon a portion of an agency owned easement by not showing those portions on the map. We are having an abandonment note added to Sheet 1 of the Tract Map.

The SMA section also says, "...and certified to on the map by the clerk of the legislative body or the designee of the legislative body approving the map..."

Does that also mean that the City Clerk's Certificate must mention the abandonment and if so, can someone post a some sample language for that?

I have another map from another city that has recorded that I used as a sample to create the abandonment note but that map has no language in the city clerk's certificate that acknowledges the abandonment.

Any assistence would be appreciated.

Thanks,

Ryan.

[Propst]

http://www.ocgeomatics.com/Documents/pd ... es2008.pdf

Page 18:

19-1 Clerk of the Board of Supervisors Abandonment Note:*
(To be used when abandoning a public street or public easement on a Tract Map, when the property being subdivided is a single parcel).
A. We also hereby abandon, pursuant to Section 66434(g) of the Subdivision Map Act, all public streets and public easements within the boundary of this map which were acquired by the County of Orange per the map of Tract No. _______________ in Book _________ Page ___________ of Miscellaneous Maps, Records of Orange County, California, not shown on this map.
B. We also hereby abandon, pursuant to Section 66434(g) of the Subdivision Map Act, the public easements within Book _________, Page________ of Official Records, Records of Orange County, California, not shown on this map.

19-2 Clerk of the Board of Supervisors Abandonment Note:*
(To be used when abandoning a public street or public easement on a Tract Map, when the property being subdivided is a single parcel).
A. We also hereby abandon, pursuant to Section 66445(j) of the Subdivision Map Act, all public streets and public easements within the boundary of this map which were acquired by the County of Orange per the map of Parcel No. _______________ in Book _________ Page ___________ of Parcel Maps, Records of Orange County, California, not shown on this map.
B. We also hereby abandon, pursuant to Section 66445(j) of the Subdivision Map Act, the public easements within Book _________, Page________ of Official Records, Records of Orange County, California, not shown on this map.

19-3 Clerk of the Board of Supervisors Abandonment Note:*
(To be used when abandoning a public street or public easement on a Parcel Map used for merging and subdividing without reversion to acreage).
A. We also hereby abandon, pursuant to Section 66499.20 ½ of the Subdivision Map Act, all public streets and public easements within the boundary of this map which were acquired by the County of Orange per the map of Parcel No. ________________ in Book ______, Page _________ of Parcel Maps, Records of Orange County, California, not shown on this map.
B. We also hereby abandon, pursuant to Section 66499.20 ½ of the Subdivision Map Act, the public easements within Book _________, Page________ of Official Records, Records of Orange County, California, not shown on this map.

[pls7809]

Thanks for the help. I think that answer's that.

[E_Page]

I would think that simply not showing the easement(s) and not inclluding notes such as Tom provided could be seen as an omission (i.e. negligence). They need to be acknowledged and addressed in order to be affirmatively abandoned.

What sorts of easements are they? Are they of a type that need to be abandoned according to the process prescribed in the S&H Code?

[pls7809]

It is a storm drain easement that runs through the property, I think 50 feet wide. The building will be encroaching into the easement by a few feet in a few different areas and the city wants to abandon those areas on the map.

[pls7809]

We would definitely include the abandonment note on the map. I just didn't see the connection between the note and the City Clerk's Cert.