§ 9-68.100. Conveyance of Land and Payment of Fee to District

A.

Where dedication is required, it shall be accomplished in compliance with the provisions of the Map Act. Real property dedicated in compliance with the provisions of this Section shall be conveyed by grant deed in fee simple to the District by the subdivider free and clear of all encumbrances, except those which will not interfere with the use of the property for park and recreational purposes and which the District agrees to accept. Deeds required to be given shall be deposited with the District before the time of approval of the Final Tract Map or Final Parcel Map by the City. The deeds shall be held in trust by the District until the time the Final Tract Map or Final Parcel Map is approved. If the map is not approved by the City, or the application is withdrawn by the subdivider before the City's approval, the deeds shall be returned to the subdivider. If the map is approved, the deeds received may be recorded by the District. The subdivider shall secure for the District title insurance in an amount equal to the value of the property dedicated.

B.

Any fee paid in lieu of the dedication of real property shall be deposited with the District before the time the Final Map or Parcel Map is approved by the City. The fee shall be held in trust by the District until the time the map is recorded. If the map is not recorded prior to expiration or the application is withdrawn by the subdivider, the fee shall be returned to the subdivider or a credit given, as provided in Section 9-68.110. If the map is recorded, the District shall retain the fee. Any fee collected under the ordinance shall be committed within five years after the payment of the fees or the issuance of Building Permits on one-half of the parcels created by the subdivision, whichever occurs later. The District shall use the fee to provide park or recreational facilities to serve the subdivision. Fees conveyed to the District shall be expended only within the City limits, unless the City approves the expenditure of the fees outside the City limits, and the District shall maintain appropriate records to so indicate.

(§ 5, Ord. 1085, eff. January 6, 2006)