Section 66439 Of Article 2. Final Maps From California Government Code >> Division 2. >> Title 7. >> Chapter 2. >> Article 2.
66439
. (a) Dedications of, or offers to dedicate interests in, real
property for specified public purposes shall be made by a statement
on the final map, signed and acknowledged by those parties having any
record title interest in the real property being subdivided, subject
to the provisions of Section 66436.
(b) In the event any street shown on a final map is not offered
for dedication, the statement may contain a declaration to this
effect. If the statement appears on the final map and if the map is
approved by the legislative body, the use of the street or streets by
the public shall be permissive only.
(c) An offer of dedication of real property for street or public
utility easement purposes shall be deemed not to include any public
utility facilities located on or under the real property unless, and
only to the extent that, an intent to dedicate the facilities is
expressly declared in the statement.
(d) (1) If a subdivider is required under this division or any
other provision of law to make a dedication for specified public
purposes on a final map, the local agency shall specify whether the
dedication is to be in fee for public purposes or an easement for
public purposes.
(2) If the dedication is required to be in fee for public
purposes, the subdivider shall include the following language in the
dedication clause on the final map or any separate instrument: "The
real property described below is dedicated in fee for public
purposes: (here insert a description of the dedicated property that
is adequate to convey the property)."
(3) If the dedication is required to be an easement for public
purposes, the subdivider shall include the following language in the
dedication clause on the final map or any separate instrument: "The
real property described below is dedicated as an easement for public
purposes: (here insert a description of the easement that is adequate
to convey the dedicated property)."