Official Map

[rpost]

I am sure this question has been asked before, but what is an "Official Map" as outlined in PLSA 8762? I was speaking with a surveyor (pre-82 RCE)who believes that he does not have to file a Record of Survey, since he has a CALTRANS Right of Way Map that shows the property. I believe he does but cannot remember what the legal definition of "Official Map" is.

[Warren Smith]

SMA sections 66499.50 through .58 cover Official Maps. They are compilations of previously subdivided lands at the request of a city council or board of supervisors.

He may be referring to the exemption in the PLSA (section 8765(a)) relating to an RS not being required if it has been made by a public officer and filed with the County Surveyor. It would have all the required elements of an RS, without the Recorder's information. They are indexed and often referred to as "in-lieu" maps.

The provisions in PLSA section 8762 (b)(4) and (5) refer to the filing of a corner record if no material discrepancy is found in the retracement of a map of record. Official Maps fall into that category. Whether a CalTrans Right of Way map is included is often a judgment call, with a corner record being preferable to nothing being filed. A lot hinges on the nature of potential discrepancy and, occasionally, a record of survey is proper.

[rpost]

Whether a CalTrans Right of Way map is included is often a judgment call, with a corner record being preferable to nothing being filed. A lot hinges on the nature of potential discrepancy and, occasionally, a record of survey is proper.

If Caltrans Right of Way Maps are a judgment call, then I would certainly error on the side of NOT filing a Record of Survey unless there is another issue at hand, such as a material discrepancy. If there is ever grey area in legislature I default to convenience. If the author wanted to be specific, he had his chance when drafting the language.

That being said, it has been my understanding that Caltrans Maps were NOT "Official Maps". Now, maybe, they are?

[David Kendall]

That being said, it has been my understanding that Caltrans Maps were NOT "Official Maps". Now, maybe, they are?

I've seen many different kinds of maps appear with a California Department of Transportation title block on them and in my opinion some appear more 'official' than others. I would carefully consider the information shown and if it covers all the bases sufficiently then call it good. The exhibit maps that have no seal or date on them are suspect but if someone considers the data to be reputable then it probably is good enough for me to show it on a map as unrecorded evidence, especially if it is on file somewhere and easy enough to reference and find with minimal research effort. I haven't seen any yet that said "Official Map" on them.

[Warren Smith]

I don't see the CalTrans right of way maps as being labeled "official maps" as much as their being in the category of "in-lieu" records of survey, provided that they are filed and indexed in the County Surveyor's office.

[rpost]

According to 8762 the "In-Lieu" items include only subdivision maps, official maps and record of survey maps. How would you justify being able to file a Corner Record and not a Record of Survey based on the lines being shown on a Caltrans Map?

I am not trying to be difficult. In fact, I want you to be correct. I just would like to be certain that what I decide to do is the most economical for my client and is compliant with the PLSA.

[Warren Smith]

I still see 8765 (a) covering this, if the map in question complies with the requirements of 8764, except the recorder's statement - making it an "in-lieu" record of survey. It would need to be indexed and kept available for public inspection.

[pls7809]

In LA County they are recorded and filed in the County Recorder's office.

http://dpw.lacounty.gov/sur/nas/landrec ... OM5-44.pdf

I think they have to be recorded maps to be an Official Map.

CT RW maps are not recorded with the County Recorder, if the county has them they are usually filed in a County Surveyor maps index or State Highway maps index. Also some of the RW maps around the state are based on Record information and don't report found monuments. I'm not sure if that plays a part as well.

As usual...the contrary may be shown...

[pls7809]

I think these two sections nullify CT RW maps as official maps.

66499.54 - Each and every map made and adopted under this division shall be certified under the hands of a majority of the members and the presiding officer and secretary and official seal, if any, of the authority adopting the same. The certificate shall set forth in full the resolution adopting the map, with the date of adoption.

66499.55 Filing of Official Maps
The map, so certified, shall be forthwith filed in the office of the county recorder of the county wherein the platted lands are situate. The recorder shall immediately securely fasten and bind each map so filed in one of a series of firmly bound books to be provided, together with the proper indexes thereof and appropriately marked for the reception of the maps provided for in this division.

[dedkad]

Like going to the County Surveyor's office for a corner record, or going to the County Recorder for a deed, I think going to Caltrans for a ROW map is pretty much the same thing and to me meets the intent of a map properly filed. I don't know if Sections 66499.50 to 66499.58 of the SMA is the only approved definition of "Official Map" when interpreting the ROS requirements, but the Definitions of Surveying and Associated Terms book defines "official map" as "The map outlining present and future street rights-of-way or other public areas, adopted as a plan-implementation device by the legislative body of a city or other governmental unit." A Caltrans ROW map fits that definition to a tee. When using this broad interpretation of official map, I would only feel comfortable if it relates to the highway right-of-way or portions of property relinquished back to a private party. I would not depend on it as an "official map" to show the boundaries of a parcel beyond the current or former ROW. That's just my 2 cents, and probably not supported by law, just common sense.