§ 20-110. Waiver of signatures.

A certificate, signed and acknowledged by all parties having any record title interest in the real property subdivided, consenting to the preparation and recordation of the parcel map is required, except as follows:

(1)

Neither a lien for state, county, municipal or local taxes, nor for special assessments, nor a trust interest under bond indentures, nor mechanics' liens constitutes a record title interest in land for the purpose of this chapter.

(2)

The signature of either the holder of beneficial interests under trust deeds or the trustee under such trust deeds, but not both, may be omitted. The signature of either shall constitute a full and complete subordination of the lien of the deed of trust to the parcel map and any interest created by the parcel map.

(3)

Signatures of parties owning the following types of interests may be omitted if their names and the nature of their respective interests are stated on the parcel map:

(a)

Rights-of-way, easements or other interests which cannot ripen into a fee, except those owned by a public entity or a public utility or a subsidiary of a public utility. If, however, the advisory agency determines that division and development of the property in the manner set forth on the parcel map will not unreasonably interfere with the free and complete exercise of the public entity or public utility right-of-way or easement, the signature of such public entity or public utility may be omitted. Where such determination is made, the subdivider shall send, by certified mail, a sketch of the proposed parcel map, together with a copy of this section, to any public entity or public utility which has previously acquired a right-of-way or easement.

If the public entity or utility objects to either (i) recording the parcel map without its signature; or (ii) the determination of the advisory agency that the division and development of the property will not unreasonably interfere with the full and complete exercise of right-of-way or easement, it shall so notify the subdivider and the advisory agency within thirty (30) days after receipt of the materials from the subdivider.

If the public entity or utility objects to recording the parcel map without its signature, the public entity or utility so objecting may affix its signature to the parcel map within thirty (30) days of filing its objection with the legislative body or advisory agency.

If the public entity or utility either (i) does not file an objection with the advisory agency; or (ii) fails to affix its signature within thirty (30) days of filing its objection to recording the map without its signature, the county may record the final map without such signature.

If the public entity or utility files an objection to the determination of the advisory agency that the division and development of the property will not unreasonably interfere with the free and complete exercise of the objector's right-of-way or easement, the advisory agency shall set the matter for public hearing to be held not less than ten (10) nor more than thirty (30) days of receipt of the objection. At such hearing, the public entity or public utility shall present evidence in support of its position that the division and development of the property will unreasonably interfere with the free and complete exercise of the objector's right-of-way or easement.

If the advisory agency finds, following such hearing, that the development and division will, in fact, unreasonably interfere with the free and complete exercise of the objector's right-of-way or easement, it shall set forth those conditions whereby such unreasonable interference will be eliminated and upon compliance with such conditions by the subdivider, the parcel map may be recorded with or without the signature of the objector. If the advisory agency finds that the development and division will, in fact, not unreasonably interfere with the free and complete exercise of the objector's right-of-way or easement, the parcel map may be recorded without the signature of the objector, notwithstanding its objections thereto.

Failure of the public entity or public utility to file an objection pursuant to this section shall in no way affect its right-of-way or easement.

(b)

Rights-of-way, easements or reversions, which by reason of changed conditions, long disuse or laches appear to be no longer of practical use or value and signatures are impossible or impractical to obtain. A statement of the circumstances preventing the procurement of the signatures shall also be stated on the map.

(c)

Interests in, or rights to minerals, including, but not limited to, oil, gas or other hydrocarbon substances.

(4)

Real property originally patented by the United States or by the State of California, which original patent reserved interest to either or both of such entities, may be included in the final map without the consent of the United States or the State of California thereto or to dedications made thereon.

(Ord. No. 3188, § 1(Exh. A), 3-14-95)