§ 17.46.060. Lot line adjustment—Final processing.

A.

When a lot line adjustment application has received tentative approval from the county surveyor or, on appeal, from the board of supervisors, the applicant shall, within two hundred seventy-five days from the date of approval, provide the director of public works with an appropriate deed(s) consistent with the tentative approval and demonstrating compliance with all approval standards for lot line adjustments. In the event a tentative approval by the county surveyor is appealed and the appeal is subsequently withdrawn prior to a hearing, the time for filing the deed(s) shall be tolled and extended for a period equal to the number of days between the filing of the appeal and its withdrawal in writing. The deed(s) shall clearly describe each of the resultant parcels and shall contain the express statement of intent by the grantor to eliminate any underlying boundary lines consistent with the requirements of Civil Code Section 1093. No record of survey shall be required unless required by Business and Professions Code Section 8762.

B.

Whenever any of the affected parcels are or will be subject to a lien for real property taxes or special assessments collected as real property taxes which are not yet payable, the applicant shall prepay to the treasurer/tax collector, or provide the treasurer/tax collector with security for the prepayment of, real property taxes and the current installment of principal and interest on all special assessments collected as taxes, which as of the date the lot line adjustment is recorded will be a lien against the property but which are not yet payable.

C.

Upon receipt of the deed(s) required by subsection (A), the county surveyor shall review the deed(s) and authorize them to be recorded if the county surveyor finds that they are consistent with the tentative approval, including compliance with all approval standards for lot line adjustments. The approved deed(s) shall then be recorded by and at the expense of the applicant and one copy of the recorded deed(s) shall be transmitted to the county surveyor. The lot line adjustment shall be deemed final only when the deed(s) have been recorded by the county recorder.

D.

If the county surveyor determines that the deed(s) submitted as required by subsection (C) are not consistent with the tentative approval, including compliance with the approval standards of the tentative approval, the county surveyor shall disapprove the deed(s) and notify the applicant of such disapproval in writing. Upon receipt of notice of disapproval of the deed(s), the applicant shall have the right to resubmit revised deed(s) to the county surveyor as long as such resubmission occurs before expiration of the period specified in subsection (A), exclusive of any time between submission of the deed(s) to the county surveyor and notification of the applicant that the deed(s) have been disapproved.

E.

No recorded mortgage, deed of trust or other security interest will, after recordation of the deed(s) consummating the lot line adjustment, encumber only a portion of any of the resulting parcels, except where such encumbrance applies only to a lienholder's security interest in a leasehold exempt from the Subdivision Map Act pursuant to Government Code Section 66412, 66412.2 and 66412.5.

F.

Each deed required by subsections (A) and (C) shall include the following language in the express written statement of intent immediately following the legal description: "This parcel was involved in a lot line adjustment pursuant to which the boundaries of [insert number of parcels adjusted] parcels comprising [insert total acreage of parcels] acres were adjusted and is therefore subject to the provisions of Napa County Code Section 17.46.040(C)(11), as that Section may be amended or replaced from time to time."

(Ord. No. 1331, § 3, 12-8-2009; Ord. No. 1379, § 134, 1-29-2013; Ord. No. 1401, § 4, 5-12-2015)