RPSS Submission Guide

This guide is intended to assist and outline items needed for the preparation of a real estate title due diligence letter by the Department of General Services Real Property Services Section.

Preliminary Report

Must at a minimum:

  1. Be provided by a title company authorized to issue policies of title insurance within the State of California;
  2. Contain hyperlinks to all vesting documents and vesting reference documents, exceptions to coverage documents including embedded reference documents, all embedded documents in legal descriptions, maps of record, and map reference documents;
  3. Cover the entire state facility property or as applicable, a majority of the state facility property which, at a minimum, includes the proposed project site area, and all bond encumbered areas at the entire state facility as well as those areas providing functional support, vehicular access, or utility access to or from the project site (Greater Property);
  4. Updated Preliminary Reports to be provided if so requested; and
  5. If a hyperlinked PDF format is not available, provide hard copies of all documents.

Unrecorded Rights

Identifying unrecorded rights is required as part of the real estate title due diligence analysis in support of the facility’s project design authority. Sometimes conditions exist in real property that one assumes are recorded legal uses (e.g., roadways, irrigation/flood control facilities, ditches, encroachments, or utility lines).  However, a visually identified or known periodic use may not appear in the property’s preliminary report.

Some examples of “unrecorded rights” that encumber or may otherwise affect the property interests of the Greater Property are contracts, leases, licenses, permits, agreements, and memoranda of understanding with public or private entities or persons that affect the use and/or occupancy of the Greater Property. Generally, any potentially enforceable right another entity or person may claim that allows them to use, occupy, or cross the Greater Property.

To identify the existence, or lack thereof, of any and all unrecorded rights that potentially impact the Greater Property, please use the attached Unrecorded Rights Certification Form. The Unrecorded Rights Certification Form is to be prepared and executed by the departmental facility management staff that may have knowledge of unrecorded rights and/or unrecorded rights that are discovered through the review of records and site inspection of the Greater Property. If unrecorded rights are not identified on the Greater Property, facility management staff are to initial the appropriate section, sign and date the Unrecorded Rights Certification Form. If unrecorded rights do exist, facility management staff are to identify the unrecorded rights, initial, sign and date the Unrecorded Rights Certification Form and supply any applicable documentation.

Title Exceptions Map

Contain and depict, at a minimum, the following information:

  1. Address(es) if disclosed in record documents or observed while conducting the survey;
  2. Gross land area of the entire proposed project site area(s) including the land area leading to the point of utility interconnection;
  3. Plot the proposed project site area relative to the overall facility boundary of record;
  4. Plot substantial features or unrecorded encumbrances observed in the process of conducting the survey (in addition to the improvements and structures) labeling all as practicable;
  5. Plot and label the greater boundaries of the identified property in accordance with the Preliminary Report requirements above;
  6. Plot and label information contained in the Preliminary Report, such as, but not limited to, the Preliminary Report’s legal description, property’s vesting deeds, title exceptions, encumbrances in recorded maps, and any other discovered or identified encumbrances whether of county record or unrecorded;
  7. Plot and label all lease revenue bond encumbrances, whether of county record or unrecorded;
  8. When preparing the Title Exceptions Map, overlay the information on a current satellite Google Earth color image aerial map (Aerial Map) and include the corresponding Preliminary Report, its report number and date, and Assessor’s Parcel Number(s) covered;
  9. Either be to scale, with scale stated, or have geometric relationship to a current Aerial Map;
  10. Stamped and dated by a Land Surveyor licensed in the State of California and wet signed; and
  11. Provide updated Title Exceptions Maps if so requested.

Access & Utility Map

Provide an access and utility map of the identified property that reflects the following:
  1. Plot and label the identified property relative to overall adjacent properties and surrounding features;
  2. Locate the proposed project site within the identified property;
  3. Identify and label access from the proposed project site to the nearest publicly dedicated right of way;
  4. Identify and label all project utilities (e.g., water, gas, sewer, electric, communications, etc.) and utility travel routes from the proposed project site to points of connection in public utility easements or publicly dedicated right of way.

Legal Descriptions

Existing previously recorded legal descriptions of the proposed project site may be utilized without being wet signed and stamped.

When developing a newly written legal description for a proposed project site consider the following guidelines:

  1. The property boundary being described should generally include at least a 5 to 15-foot buffer between the actual facility being constructed and other buildings on the site (not part of the proposed project). This rule is unrelated to any building code requirement. It is a general rule and may be altered given particular site conditions;
  2. The basis of bearings shall be established along a record line or between monuments of record either on or directly tied to the property lines of the facility where the identified property is located;
  3. Establish a legal reference point that can be identified, and label it (e.g., Point of Commencement (POC), Point of Beginning (POB), or similar);
  4. Horizontal control shall be tied to the California Coordinate System of 1983 (CCS83), unless, otherwise directed by the State. In the event that CCS83 cannot be obtained, consultant shall request a waiver from the State in writing stating the reasons and documenting a coordinate system that will be used;
  5. Include any pertinent parcel information of record (e.g., book and page numbers, assessor parcel numbers, lot numbers, etc.) in addition to the necessary information to get from the POC or POB to the True Point of Beginning (TPOB);
  6. The calls for bearing and distance necessary to go from TBOP around the perimeter of the identified property back to the TPOB;
  7. The square footage and acreage of the identified property;
  8. Typed on 8 ½” x 11” white bond; and
  9. Stamped and dated by a Land Surveyor licensed in the State of California and wet signed.

Plat Map

The legal description plat map of the proposed project site shall contain the following information:

  1. A vicinity map shall roughly locate the proposed project site relative to the overall facility boundary of record, or recorded roads;
  2. Show relationship of the identified property to adjacent buildings and/or features;
  3. Either be to scale, with scale stated, or have geometric relationship to relationship above;
  4. Outline the proposed project structure within the identified property;
  5. Detail graphically the TPOB, and all bearings and calls around the perimeter of the identified property;
  6. Detail graphically the POC (POB), and all bearings and calls from it to the TPOB;
  7. Prepare on 8 ½” x 11” white bond;
  8. Stamped and dated by a Land Surveyor licensed in the State of California and wet signed; and
  9. Do not include shrubbery, trees, or contour lines in the plat map. All type must be of a size and quality to be clearly readable.

Deliverables

All deliverables are to be in PDF format and are as follows:

  1. Preliminary Report with hyperlinks and supporting documentation;
  2. Unrecorded Rights Certification Form fully-executed by the project departmental facility management staff including, if any, all related documentation;
  3. Title Exceptions Map depicted on a current Aerial Map overlay, stamped and dated by a Land Surveyor licensed in the State of California and wet-signed;
  4. Access and Utility Map;
  5. Legal descriptions prepared on 8 ½” x 11” white bond, stamped and dated by a Land Surveyor licensed in the State of California and wet-signed; and
  6. Plat Map prepared on 8 ½” x 11” white bond, stamped and dated by a Land Surveyor licensed in the State of California and wet-signed.