Pursuant to Government Code section 66447 all dedications or offers of dedication required by this division shall be made as follows:
(a) Except as provided in subsection (d) below, a subdivider shall make all dedications or offers of dedication lying within the boundary of the parcel map by a certificate on the map. This certificate shall be combined with the owner's certificate as described in section 81.811. Each dedication or offer of dedication shall be free of any liens or encumbrances that would interfere with the purpose for which the dedication or offer of dedication is required. The subdivider shall provide the Director with a parcel map report including an appropriate plat when the parcel map is submitted pursuant to section 81.707.
(b) A subdivider shall make all dedications or offers of dedication lying outside the boundary of the parcel map by a separate instrument and shall record the dedications or offers of dedication prior to filing the parcel map. An irrevocable offer of dedication shall provide that it is binding on each property owner, the property owner's heirs, assigns or successors in interest. Except as provided in Government Code section 66477.2(b), an irrevocable offer of dedication shall also provide that the offer shall continue until the Board accepts the offer or it is vacated pursuant to section 66477.2. Each dedication or offer of dedication shall be free of any liens or encumbrances that would interfere with the purpose for which the dedication or offer of dedication is required. The subdivider shall provide a current preliminary title report including an appropriate plat satisfactory to the Director.
(c) An easement for public utilities may be dedicated to and accepted by a public utility by certificate on the map.
(d) As an exception to subsection (a), if the Director determines that dedications or offers of dedication within the boundary of a parcel will not be needed immediately to serve the proposed subdivision the Director may require the dedication or offer of dedication to be made by separate instrument. In that case a dedication or offer of dedication shall be made as provided in subsection (b) above.
(e) When no parcel map is required, all dedications or offer of dedication shall be made as provided in subsection (b) above.
(Amended by Ord. No. 5406 (N.S.), effective 3-22-79, operative 3-23-79; amended by Ord. No. 6016 (N.S.), effective 5-7-81; amended by Ord. No. 6167 (N.S.), effective 10-22-81; amended by Ord. No. 10037 (N.S.), effective 3-26-10; amended by Ord. No. 10529 (N.S.), effective 5-18-18)