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Mr. Chandler Martin August 24, 1995 Page 2 4(c). Pursuant to District Resolution 89-30, any District facilities located on the property must be upgraded to District standards. Please refer to the attached copy of the District's Resolution 89-30 for specific requirements. 4(d). Dedicate 20-foot-wide easements on the map for future private/community irrigation facilities." We take exception to all of these conditions of approval as they are not authorized to be imposed under the Subdivision Map Act (Government Code Section 66410 et seq.) and the San Joaquin County Code and are inappropriate as indicated by 62 Ops. Cal. Atty. Gen. 175 (Opinion No. CV 79-2) and the as of yet unpublished _ Ops. Cal. Atty. Gen. _ (05-18-95) (opinions enclosed). This second opinion, prepared on May 18, 1995, expands Opinion No. CV 79-2 specifically to the issue of irrigation improvements. It states in pertinent part that: "1. When a local agency requires the filing of a tentative map in addition to a parcel map with respect to the subdivision of property, the agency may not impose, as a condition of tentative map approval, the installation of irrigation facilities prior to the approval of the parcel map. 2. When a local agency requires the filing of a tentative map in addition to a parcel map with respect to the subdivision of property, the agency may not impose, as a condition of tentative map approval, that an agreement be reached between the subdivider and an irrigation district regarding the timing of the installation of irrigation facilities." (emphasis added) Based on the foregoing, condition of approval 4(c) is clearly out of compliance with the Subdivision Map Act. Further, condition of approval 4(b) is an attempt to bring agreements and restrictions related to existing improvements into the Subdivision Map Act process, which clearly fails to be appropriate given the aforementioned Attorney General's opinions on this matter. The District must rely on its existing authority in dealing with existing or future improvements at the site. Next, with respect to condition of approval 4(d), this condition states that the subdivider shall "[d]edicate 20-foot-wide easements on the map for future private/community irrigation facilities." The placement of "private easements" on a final map has no effect as easements only exist if they are granted from one individual or entity to another individual or entity. A subdivider cannot grant an easement to himself as part of the filing of a final map. In fact, as most of the irrigation districts within the County have recognized this fact, the standard resolution