California Surveyors Forums

How can someone correct a lot merger in the future if the City is going to record a Correctory Deed for a right of way take in the future? Read situation below:


My client (also happens to be a City Councilman) needs a lot merger for his project on a property. In 1984 the City recorded a Grant Deed for a right of way take with no plat associated with the description. The sidelines of the deed uses 19.50' and 18.50', reading " . . . thence along the northwesterly line of said lot 10, South 32 degrees 45' West, 19.50 feet; thence leaving said line South 56 degrees 40' 37" East, 100.01 feet to a point on the southwesterly line of said lot 9, distant thereon, 18.50 feet southwesterly from the point of beginning; thence along said southwesterly line North 32 degrees 45' East, 18.50 feet to the point of beginning."

When I calculated the 1984 deed, the closing distance was 2.00 feet. It appears that the intent was for the 19.50 and 18.50 dimension were transposed because if the dimensions were switched in the deed, everything closes.

So I brought this up to the City's attention and mentioned the 1984 grant deed needs a Correctory Deed recorded. They first requested me to prepare the new lot merger using the lines as if the deed was corrected. I did this with a reference to the future Correctory Deed leaving blanks to be filled in with the recording info.

Now the City doesn't want to hold up my clients project with preparing a Correctory Deed first, even though it would be the correct process. They want me to prepare a merger of the parcel and exclude the current Grant Deed. Doing this my clients frontage will adjust, since the closing call in the Grant Deed will become 20.50 feet from the point of beginning.

I agreed to this, and curious if the City proceeds in the future to record a Correctory Deed, how would the Merger Deed be documented to reflect the Correctory Deed?

Please know that a lot merger is EXCLUSIVE under the subdivision map act. The SMA is the only vehicle for this to occur.

SMA

66451.10. (a) Notwithstanding Section 66424, except as is otherwise
provided for in this article, two or more contiguous parcels or
units of land which have been created under the provisions of this
division, or any prior law regulating the division of land, or a
local ordinance enacted pursuant thereto, or which were not subject
to those provisions at the time of their creation, shall not be
deemed merged by virtue of the fact that the contiguous parcels or
units are held by the same owner, and no further proceeding under the
provisions of this division or a local ordinance enacted pursuant
thereto shall be required for the purpose of sale, lease, or
financing of the contiguous parcels or units, or any of them.
(b) This article shall provide the sole and exclusive authority
for local agency initiated merger of contiguous parcels. On and after
January 1, 1984, parcels may be merged by local agencies only in
accordance with the authority and procedures prescribed by this
article. This exclusive authority does not, however, abrogate or
limit the authority of a local agency or a subdivider with respect to
the following procedures within this division:
(1) Lot line adjustments.
(2) Amendment or correction of a final or parcel map.
(3) Reversions to acreage.
(4) Exclusions.
(5) Tentative, parcel, or final maps which create fewer parcels.