Greetings?ÿ
I have been advised of a situation where a property owner of two parcels was required to merge his parcels due to utility lines crossing the parcel line,?ÿ The local agency required this merger as part of the owners improvement of a building on ONE of the parcels.?ÿ After filing a merger (but no perfecting deeds), it was discovered that the utility lines did NOT cross the parcel line and the City GIS was incorrect. (as was the utility location service)?ÿ ?ÿThe property owner wishes to "unmerge" these two parcels as he has a buyer who wants the vacant parcel.?ÿ
Section 66451.30 - 66451.33 cover "unmergers", however, I am not sure if this circumstance fits within that law ???ÿ As City contract Surveyor I am asked to provide a determination as to grant him the "unmerger" or make him do a Parcel Map.?ÿ ?ÿSince they guy got bad information from the city, I am compelled to grant the "unmerger", however, that is ONLY if the criteria fits the statute or a statute.?ÿ ?ÿ?ÿ
I'm interested to hear from anyone who's had experience with this.?ÿ?ÿ
Thank you very much?ÿ
I'm thinking that, without recording perfecting deeds, the merger application was approved, but not consummated.
That is, the owner may still sell one (or both) of the original lots.
@warren-smith?ÿ ?ÿThe Owner says he has received new tax bills reflecting the merger but he knows he hasn't filed perfecting deeds.?ÿ
I will confer with my planning staff.?ÿ ?ÿI have a funny feeling someone may suggest a COC to cover the bases.?ÿ
Thank you Warren?ÿ
Show me the document that says his parcels are merged into one. Until someone can produce that document he has 2 parcels not one as far as I'm concerned.
The city by itself can't merge 2 parcels it doesn't own. Did the owner sign off on the city filed merger?
@lurker The Owner signed the Certificate of merger.?ÿ That Certificate was filed with the county.?ÿ But, there were no perfecting deeds filed by the owner.?ÿ
I know, recently, public agencies have been placing a time line of 2 years on these things. either file a perfecting deed or the merger is invalid.?ÿ ?ÿ ?ÿMy thinking is that the "City" made him merge due based on false information, then the merger is clouded. If City attorney agrees, I'd let him sell that empty lot as-is and ignore the merger. I'd prefer the city file a recission of approved action, just to put a lid on this.?ÿ
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@lurker typically property owners don't sign a Certificate of Compliance.?ÿ At least I haven't seen it.
Some agencies use a Resolution, not a CoC for mergers and lot line adjustments.
I don't know if a property owner can simply ignore a CoC and transfer the property using the old Descriptions.
It leads to an odd situation where the property owner holds title by a Deed which predates the CoC or resolution.?ÿ If a lot line adjustment involves 2 owners then there will be Transfer Deeds which sometimes are misinterpreted by the Assessor as new tax parcels.
This result seems to be a flaw in the city's process of merging two parcels. I would think a proper deed recorded should be a requirement prior to the city considering parcels to be merged. Allowing a 2 year delay seems to invite potential future problems. I'm certainly not familiar with the process and there might well be very good reasons to allow the 2 year grace period.
@lurker This is the best solution in the long term to prevent this from happening again.?ÿ
