HomeMy WebLinkAboutCC AG PKT 2007-08-13 #F
e AGENDA REPORT
DAlE: August 13, 2007
TO: Honorable Mayor and City Council
TIIRU: David N. Carmany, City Manager
FROM: Mark K. Vukojevic, Director of Public Works/City Engineer
SUBJECT: AWARD PROFESSIONAL SERVICES AGREEMENT -
ON CALL MAP CHECKING SERVICES
SUMMARY OF REQUEST:
The proposed action will execute an on-call professional services agreement with the
County of Orange to perform on-ca1l Map Checking services.
DISCUSSION:
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Map checking services are required by the City of Seal Beach for review of maps for Parcel
and Tract map review as a portion of the Subdivision Map Act, and must be provided by a
Licensed Land Surveyor. Currently the Public Works Department does not employ and in-
house licensed Land Surveyor. These services are currently provided to the City through on-
call consultants.
This contract will enter the City into an agreement with the County of Orange to have its
County Surveyor: certify statements and perform duties per Government Code section
66431; examine maps in accordance with the Subdivision Map Act; and examine fina1 and
parcel maps per the approved tentative map and conditions of approval. This agreement
benefits the City by augmenting the services currently provided by the Department of Public
Works and enabling City staff to focus on core Project Management and Public
WorkslEngineering needs.
Currently 16 of the 3S incorporated cities within Orange County contract with the County of
Orange for similar services. These County of Orange map checking services have come
recommended from other agencies. Additionally, they work closely with the County
Assessor's Office.
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AGENDA ITEME
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FISCAL IMPACT:
There is no fiscal impact. Deposit fees and hourly rates are charged to subdividers for
examining and checking maps. Hourly map checking fees are set by the Orange County
Board of Supervisors and shall be collected from subdividers before plan check, in
advance of the County Surveyor performing any services.
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute an on-call
professio services agreement with the County of Orange to perform on-call Map
Checking . ce .
Concur:
Sean Crumby
Deputy City Engineer
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Concur:
NOTED AND APPROVED:
?f~4~.
Mark K. VukojeVlc
Director of Public Works/City Engineer
J:r of ~ ~
David N. Carmany
City Manager
Attachments: Resolution approving the Agreement
Proposed Professional Services Agreement
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AGENDA ITEM~
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RESOLUTION NUMBER
A RESOLUTION OF THE CITY COUNCIL OF mE CITY OF
SEAL BEACH APPROVING THE PROFESSIONAL SERVICES
AGREEMENT BETWEEN THE CITY OF SEAL BEACH AND
THE COUNTY OF ORANGE FOR ON-CALL MAP CHECKING
SERVICES
Th. City Council of tho City of Seal Boach hereby resolves as follows:
SECTION 1. Tho City Council hereby approves tho Professional SaM...
Agreomont between tho City of Seal Boach and tho County of Orong. for on-<:all Map
Chocking Servieas.
SECTION 2. Th. Council hereby dirocts tho City Monagar to execute tho
Professional Services Agreement with tho County of Orange.
PASSED, APPROVED AND ADOPTED by tho City Council of Seal Beach, at a
mootinghoroofhold on lb. l3lb dsyof Awmst .2007 by tho following vote:
AYES: COUNCILMEMBERS
NOES: COUNCILMEMBERS
ABSENT: COUNCILMEMBERS
ABSTAIN: COUNCll..MEMBERS
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Mayor
A TI'EST:
City Clark
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Unds Devine, City Clerk for tho City of Seal Boach, California, do hereby certifY that
tho foregoing resolutions is tho original copy of Resolution Numbar_ on file in tho
office of tho City Clerk, passed, approved and adoptod by tho City Council of tho City of
Seal Boach at a regular mooting hereofhold on tho ] 3th dsyof Auousl 2007.
City Clark
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7 numbered D07-028, and dated
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A.....m.nt No. 007-028
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AGREEMENT BETWEEN
THE COUNTY OF ORANGE AND
THE CITIES OF LOS ALAMITOS, SEAL BEACH, AND ANAHEIM
FOR THE PROVISION OF MAP CHECKING SERVICES
THIS AGREEMENT, hereinafter referred to as "AGREEMENT," for purposes of identification hereby
day of . 2001 is
BY AND BETWEEN
COUNTY OF ORANGE.
a political subdivision of the State of California, hereinafter
referred to as "COUNTY";
CITY OF LOS ALAMITOS
a political subdivision of the State of California,
CITY OF SEAL BEACH
a political subdivision of the State of California,
CITY OF ANAHEIM
a political subdivision of the State of California,
sometimes collectively referred to herein as "CITIES" or individually as "CITY".
.!!.uaIAl~
WHEREAS, in accordance with the provisions of Cali fomi a Government Code Section 66431, "[u]pon
mutual agreement of their respective legislative bodies, the county surveyor may perform any or all of the duties
assigned to the city engineer, including required certifications or statements. Whenever these duties have been
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divided between the county surveyor and city engineer, each officer shall state the duties perfonned by him or her.";
WHEREAS, Section 66442 of the California Government Code provides in pertinent part as follows:
(a) If a subdivision for which a final map is required lies within an unincorporated area, a certificate or
statement by the county surveyor is required. If a subdivision lies within a city, a certificate or statement by the city
engineer or city surveyor is required. The appropriate official shall sign, date, and, below or immediately adjacent
to the signature, indicate his or her registration or license number with expiration date and the stamp of his or her
sea~ state that:
(I) He or she has examined the map.
(2) The subdivision as shown is substantially the same as it appeared on the tentative
map, and any approved alterations thereof.
(3) All provisions of this chapter and of any local ordinances applicable at the time of
approval of the tentative map have been complied with.
(4) He or she is satisfied that the map is technically correct.
(b) City or county engineers registered as civil engineers after January I, 1982, shall only be qualified
to certify the statements of paragraphs (I), (2), and (3) of subdivision (a). The statement specified in paragraph (4)
shall only be certified by a person authorized to practice land surveying pursuant to the Professional Land
Surveyors' Act (Chapter 15 (commencing with Section 8700) of Division 3 of the Business and Professions Code)
or a person registered as a civil engineer prior to January I, 1982, pursuant to the Professional Engineers' Act
(Chapter 7 (commencing with Section 6700) of Division 3 of the Business and Professions Code). The county
surveyor, the city surveyor, or the city engineer, as the case may be, or other public official or employee qualified
and authorized to perfonn the functions of one of those officials, shall complete and file with his or her legislative
body his or her certificate or statement, as required by this section, within 20 days from the time the final map is
submitted to him or her by the subdivider for approval.";
WHEREAS, Section 66450 of the California Government Code provides in pertinent part as follows:
(a) If a subdivision for which a parcel map is required lies within an unincorporated area, a certificate
or statement by the county surveyor is required. If a subdivision lies within a city, a certificate or statement by the
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AlI"'.....t No. 007-028
1 city engineer or city surveyor is required. The appropriate official shall sign, date, and, below or immediately
2 adjacent to the signature, indicate his or her registration or license number with expiration date and the stamp of his
3 or her seal and state that:
4 (I) He or she has examined the map.
5 (2) The subdivision as shown is substantially the same as it appeared on the tentative
6 map, if required, and any approved alterations thereof.
7 (3) All provisions of this chapter and of any local ordinances applicable at the time of
6 approval of the tentative map, if required, have been complied with.
9 (4) He or she is satisfied that the map is technically correct
10 (b) City or county engineers registered as civil engineers after January I, 1982, shall only be
11 qualified to certifY the statements of paragraphs (I), (2), and (3) of subdivision (a). The statement specified in
12 paragraph (4) of subdivision (a) shall only be certi.fied by a person authorized to practice land surveying pursuant to
13 the Professional Land Surveyors' Act (Chapter 15 (commencing with Section 8700) of Division 3 of the Business
14 and Professions Code) or a person registered as a civil engineer prior to January I, 1982, pursuant to the
15 Professional Engineers' Act (Chapter 7 (commencing with Section 6700) of Division 3 of the Business and
16 Professions Code);
17 WHEREAS, Section 66451.2 of the California Government Code provides in pertinent part as follows:
18 The local agency may establish reasonable fees for the processing of tentative, [mal and parcel maps and
19 for other procedures required or authorized by this division or local ordinance, but the fees shall not exceed the
20 amount reasonably required by such agency to administer the provisions of this division;
21 WHEREAS, Section 66431 of the California Government Code provides in pertinent part as follows:
22 "Upon mutual agreement of their respective legislative bodies, the county surveyor may perfonn any or all
23 of the duties assigned to the city engineer, including required certifications or statements. Whenever these duties
24 have been divided between the county surveyor and city engineer, each officer shall state the duties perfonned by
25 him or h~.";
26 WHEREAS, CITIES desire to have COUNTY review, examine and approve on their behalf subdivision
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Alreellleat No. 007-028
1 maps (hereinafter referred to as "Map Checking Services") submitted to them as part of the development approval
2 process within their jurisdictions, more specifically, prepare and/or check Final and Parcel Maps, Records of
3 Survey, Comer Records, Certificates of Correction, Certificates of Compliance, Lot Line Adjustments, Amending
4 Maps, boundary changes, or other survey maps or documents within the jurisdiction of CITIES when requested to
5 do so by a CITY; and
6 WHEREAS, COUNTY through its Orange County Surveyor (hereinafter "COUNTY SURVEYOR") is
7 capable and willing to perform such services;
8 WHEREAS, it is desired by CITIES and COUNTY that COUNTY SURVEYOR examine such maps
9 within the respective CITY or relative to the map boundllly with respect to the provisions of the Subdivision Map
10 Act; and,
WHEREAS, it is desired by the parties that other cities located within the geographical boundaries of
Orange County be permitted to participate in this AGREEMENT with the same rights and obligations of the
original parties just as though they were original signatories to this AGREEMENT with the written approval of
COUNTY, but without the necessity of obtaining the approval of the CITIES then parties to this AGREEMENT.
NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the parties hereto that:
I. Pursuant to Government Code section 66431, COUNTY shall have its COUNTY SURVEYOR
certifY statements and perform those duties assigned to the CITIES respective City Engineer in Government Code
sections 66442.(a) (4), and 664S0.(a) (4) when requested to do so in a written instrument sent by CTIY to COUNTY
SURVEYOR, and when COUNTY SURVEYOR determines that it is appropriate to do so. Further, it is agreed
among the parties that certificates shown on Exhibit A may be modified by COUNTY SURVEYOR to conform to
State Laws and local ordinances without re-execution' of this AGREEMENT.
2. When requested by a CTIY to do so, COUNTY SURVEYOR shall perform all or some of the
following tasks as indicated by CITY and agreed upon in writing by COUNTY SURVEYOR:
a. Examine maps relative to the map boundllly with respect to all mapping provisions of the
Subdivision Map Act and shall so certifY on the face of each map in substantially the following form of Sample
Format #1- of~ibit A, attached hereto and incorporated herein.
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AI_meat Sa. 007-0:18
1 b. Examine entire map regarding subdivisions within the respective CITY regarding
2 subdivisions within the CITY with respect to all mapping provisions of the Subdivision Map Act and shall so certify
3 on the face of each map in substantially the following form of Sample Format #2 - of Exhibit A.
4 3. The City Engineer of the respective CITY shall:
5 a. In cases where COUNTY SURVEYOR has been requested by CITY to examine maps
6 relative to the map boundluy and has agreed in writing to perform such function,
7 1) Examine each fmal and parcel map within the limits of CITY with respect to its
8 conformity with:
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10 approved alterations thereto.
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17 conformity with:
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19 approved alterations thereto.
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(a)
The approved tentative map and conditions of approval thereof and any
(b) All applicable CITY regulations; and
2) Subsequent to such examination place on the face of such maps his or her
certificate in substantially the following form of Sample Format #3 - of Exhibit A.
b. In cases where COUNTY SURVEYOR has been requested by CITY to examine an entire
map regarding subdivisions within the CITY and has agreed in writing to perform such function,
1) Examine each final and pllJ'Cel map within the limits of the CITY with respect to its
(a)
The approved tentative map and conditions of approval thereof and any
(b) All applicable CITY regulations; and
2) Subsequent to such examination place on the face of such maps his or her
certificate in substantially the following form of Sample Format #4 - of Exhibit A.
4. The City Clerk of the respective CITY shall certify on the face of each map in substantia1ly the
form of Sample Format #5 - of Exhibit A.
.~. CITY in payment to COUNTY for services provided to CITY by COUNTY SURVEYOR, as
COUNTY SUR~YOR's sole compensation for the work performed under this AGREEMENT, shall collect from
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A......nt No. D07-018
1 subdividers whose subdivisions are located in CITY, in advance of COUNTY SURVEYOR performing any
2 services and deliver to COUNTY, deposit fees and hourly rates the same as are charged to subdividers for
3 examining and checking maps located in the unincorporated territory of Orange County. HourJy map checking fees
4 are set by the Orange County Board of Supervisors.
6. Neither COUNTY nor any officer or employee thereof shall be responsible for any damage or
liability occurring by reason of anything done or omitted to be done by CITY under or in connection with any work,
authority or jurisdiction delegated to CITY under this AGREEMENT. It is also understood and agreed that,
pursuant to Government Code Section 895.4, CITY shall fully indemnify, defend with counsel approved in writing
by COUNTY and hold COUNTY harmless from any liability imposed for injury (as defined by Government Code
Section 810.8), occurring by reason of anything done or omitted to be done by CITY under or in connection with
any work, authority, or jurisdiction delegated to CITY under this AGREEMENT.
7. Neither CITY nor any officer or employee thereof shall be responsible for any damage of liability
occurring by reason of anything done or omitted to be done by COUNTY or its COUNTY SURVEYOR under or in
connection with any work, authority or jurisdiction delegated to COUNTY under this AGREEMENT. It is also
understood and agreed that, pursuant to Government Code Section 895.4, COUNTY shall fully indemnify, defend
with counsel approved in writing by CITY and hold CITY harmless from any liability imposed for injury (as
defined by Government Code Section 810.8), occurring by reason of anything done or omitted to be done by
COUNTY or its COUNTY SURVEYOR under or in connection with any work, authority, or jurisdiction delegated
19 to COUNTY under this AGREEMENT.
20 8. CITY shall not be liable for the direct payment of any salaries, wages or other compensation to any
21 COUNTY officer or employee, including but not limited to COUNTY SURVEYOR, performing any services
22 hereunder for CITY, nor for any injury or sickness arising out of his employment, except as herein otherwise
23 specified.
24 9. COUNTY shall not be liable for the direct payment of any salaries, wages or other compensation to
25 any CITY officer or employee, including but not limited to CITY ENGINEER, performing any services hereunder,
28 nor for any injUIY. or sickness arising out of his employment, except as herein otherwise specified.
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Agreemcat No. DQ7.028
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10. This AGREEMENT shall become effective and enforceable for each CITY respectively on the date
it is executed by that CITY and the COUNTY Board of Supervisors, and shall continue in full force and effect for
a period of twenty years from that date unless earlier tenninated as hereinafter provided.
II. Participation in this AGREEMENT may be tenninated by either party at the end of any fiscal year
by giving written notice of intent to so terminate not later than March I prior to the start of the succeeding year on
July 1.
12. This AGREEMENT contains the entire agreement between the parties with respect to the
matters provided for herein and shall supersede any other agreement or understanding between COUNTY and
CITY/CITIES providing for or relating to services to be perfonned by either party in connection with the subject
matter of this AGREEMENT.
13. CITIES acknowledge that other cities located within the geographical boundaries of Orange County
may desire to become parties to this AGREEMENT at a later date. CITIES agree that such cities shall be pennitted
to become parties to this AGREEMENT as it may be amended from time to time at the sole discretion of COUNTY
and upon the written approval of COUNTY without the necessity of COUNTY obtaining the approval of
CITY/CITIES then parties to this AGREEMENT. It is understood, however, that such additional cities shall have
the same rights and obligations of the original party CITIES just as though the additional cities were original
signatories to this AGREEMENT. It is further understood and agreed, that COUNTY can delegate the authority to
add additional cities as parties to this AGREEMENT to COUNTY's Director of Resources and Development
Management Department or his designee (hereinafter referred to as 'DIRECTOR").
14. This AGREEMENT has been negotiated and executed in the State of California and shall be
governed by and construed under the laws of the State of California. In the event of any legal action to enforce or
intel]l1'et this AGREEMENT, the sole and exclusive venue shall be a court of competent jurisdiction located in
ORANGE COUNTY, California, and the parties hereto agree to and hereby submit to the jurisdiction of such court,
notwithstanding Code of Civil Procedure Section 394.
The parties specifically agree that by soliciting and entering into and perfonning services under this
AGREEMENT, the parties shall be deemed to constitute doing business within ORANGE COUNTY from the time
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A........I N.. 007-028
1 of solicitation of work, through the period when all work under this AGREEMENT is completed, and continuing
2 until the expiration of any applicable limitation period. Furthennore, the parties have specifically agreed, as part of
3 the consideration given and received for entering this AGREEMENT, to waive any and all rights to request that an
4 action be transferred for tria1 to another county under Code of Civil Procedure Section 394.
5 15. In any action or proceeding to enforce or interpret any provision ofthis AGREEMENT, or where
6 any provision hereof is validly asserted as a defense, each party shall bear its own attorney's fees, costs and
7 expenses.
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16. This AGREEMENT has been negotiated at ann's length and between persons sophisticated and
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knowledgeable in the matters dealt with in this AGREEMENT. In addition, each party has been represented by
experienced and knowledgeable independent legal counsel of their own choosing or has knowingly declined to seek
such counsel despite being encouraged and given the opportunity to do so. Each party further acknowledges that
they have not been influenced to any extent whatsoever in executing this AGREEMENT by any other party hereto
or by any person representing them, or both. Accordingly, any rule or law (including Califomia Civil Code Section
1654) or legal decision that would require interpretation of any ambiguities in this AGREEMENT against the party
that has drafted it is not applicable and is waived. The provisions of this AGREEMENT shall be interpreted in a
reasonable manner to affect the purpose of the parties and this AGREEMENT.
17. The failure of a party in any one or more instances to insist upon strict perfonnance of any of the
terms of this AGREEMENT or to exercise any option herein conferred, shall not be construed as a waiver or
relinquishment to any extent of that party of the right to assert or rely upon any such tenns or option on any future
occasion.
18. If any part of this AGREEMENT'is held, detennined, or adjudicated to be illegal, void, or
unenforceable by a court of competent jurisdiction, the remainder of this AGREEMENT shall be given effect to the
23 fullest extent reasonably possible.
24 19. Each party acknowledges that it is aware of and has had the opportunity to seek advice of counsel
25 of its cl\oice with respect to its rights to trial by jury, and each party, for itself and its successors, creditors, and
26 assigns, does heJ'l!by expressly and knowingly waive and release all such rights to trial by jury in any action,
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1 proceeding or counterclaim brought by any party hereto against the other (and/or against its officers, directors,
2 employees, agents, or subsidiary or affiliated entities) on or with regard to any matters whatsoever arising out of or
3 in any way connected with this AGREEMENT and/or any other claim of injury or damage.
4 20. Neither the AGREEMENT nor any portion thereof may be assigned by a CITY OR CITIES without
5 the written consent of COUNTY. The terms and provisions of this AGREEMENT shall be binding upon and inure
6 to the benefit of the parties hereto and their successors and assigns.
7 21. This AGREEMENT may be executed in counterparts and each such counterpart shall be considered
8 an original.
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e 1 IN WITNESS WHEREOF, the PARTIES have Cllused this AGREEMENT to be approved as to form by
2 their respective legal counsel, executed by their respective City Councilor Board and attested by their respective
3 Clerk.
4 CITY OF LOS ALAMITOS
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Date: By
6 Catherine A. Driscoll, Mayor
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Date: By
8 Susan VandCl]lool, City Clerk
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Approved as to form:
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Date: By
11 Dean Derleth, City Attorney
12 CITY OF SEAL BEACH
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14 John Larson, Mayor
15 Date: By
16 Linda Devine, City Clerk
17 Approved as to form;
18 Date: By
19 Quinn Barrow, City Attorney
20 CITY OF ANAHEIM
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Date: By
22 Curt Pringle, Mayor
23 Date;
By
24 Linda Nguyen, City Clerk
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e Approved as to form:
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Date: By
Jack White, City Attorney
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APPROVED AS TO FORM:
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COUNTY COUNSEL
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A_ml.1 No. D07-028
COUNTY OF ORANGE,
a political subdivision of the State of California
By
Chair of the Board of Supervisors
SIGNED AND CERTIFIED THAT A COPY OF THIS
AGREEMENT HAS BEEN DELIVERED TO THE CHAIR
OF THE BOARD.
By
Darlene J. Bloom
Clerk of the Orange County Board of Supervisors
Orange County. California
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Exhibit A
CITY MAP CHECK AGREEMENT D07-028
SAMPLE FORMAT CERTIFICATES
SAMPLE FORMAT#l- COUNTY SURVEYOR'S CERTIFICATE
I hereby state that I have examined this map and have found that all mapping provisions of the
Subdivision Map Act have been complied with and I am satisfied said map is technically correct relative
tl! the map boundary.
Dated this
day of
Raymond L. Mathe, County Surveyor
SAMPLE FORMAT#2 - COUNTY SURVEYOR'S CERTIFICATE
I hereby certify that I have examined this map and I am satisfied said map is technically correct.
Dated this
day of
Raymond L. Mathe, County Surveyor
SAMPLE FORMAT#J - CITY ENGINEER'S STATEMENT
(TRACT AND PARCEL MAPS)
I hereby state that I have examined this map and found it to be substantially the same as it
appeared in the tentative map, if required, as filed with, amended and approved by the City Planning
Commission; that all provisions of the Subdivision ~ Act and City Subdivision Regulations have been
complied with and the map is technically correct in all respects not certified by the County Surveyor.
Dated this day of
Print ~ame I Title) (Signature)
of City of
R.C.E. #
My registration expires
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Exhibit A - Continued
CITY MAP CHECK AGREEMENT D07-028
SAMPLE FORMAT CERTIFICATES
SAMPLE FORMAT#4 - CITY ENGINEER'S STATEMENT
(TRACT AND PARCEL MAPS)
I hereby state that I have examined this map and found it to be substantially the same as it
appeared in the tentative map, if required, as filed with, amended and approved by the City Planning
Commission; that all provisions of the Subdivision Map Act and City Subdivision Regulations have been
complied with. This statement wiII be effective on the date upon which the County of Orange approves
the map as technically correct.
Dated this day of
(Print Name I Title) (Signature)
of ci1y nf
R.C.E.#
My registration expires
SAMPLE FORMAT #5 - CITY CLERK'S CERTIFICATE
(TRACT AND PARCEL MAPS)
I hereby certify that this map was presented.for approval to the City Council of the City of at a
regular meeting thereof on the
day of
. 200_ and that thereupon said
Council did, by an order duly passed and entered, approve said map and did accept on behalf of the
public, subject to improvements; the dedication for street purposes of
<_.....)> and did also accept on behalf of the City of
. said approval to be
effective upon the approval of the map by the County of
1.
2.
3.
4.
The stonn drain system and appurtenances as dedicated.
The domestic water system and appurtenances as dedicated.
The sanitary sewer system and appurtenances as dedicated.
The subsl!1'face water rights as dedicated.
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Exhibit A - Continued
CITY MAP CHECK AGREEMENT D07-028
SAMPLE FORMAT CERTIFICATES
SAMPLE FORMAT #5 - CITY CLERK'S CERTIFICATE - Continued
5. The foot public utility easement as dedicated.
6. The foot easement for storm dFain purposes as dedicated.
7. The vehicular access rights to
as released and relinquished. street name
The City Council approved the subject map pursuant to the provisions of Section 66436(a)(3)(A) of the
Subdivision Map Act, said approval to the effect upon the approval of the map by the County of
This statement will take effect upon the date upon which the County of
approves the map as
technically correct.
Dated this
day of
,200_.
CITY CLERK CITY OF
(SEAL)
By
(Deputy)
signature
print name
3 on