Farmersville Municipal Code Ch. 16.52 Merger

A. Except as otherwise provided in this title, two or more contiguous parcels or units of land which have been subdivided under the provisions of the Subdivision Map Act or any prior law regulating the division of land or any ordinance enacted pursuant thereto shall not merge by virtue of the fact that such contiguous parcels or units are held by the same owner, and no further proceedings under the Subdivision Map Act or this chapter, shall be required for the purpose of sale, lease or financing of such contiguous parcels or units or any of them.

B. Pursuant to the authority granted by Section 66424.2 of the Government Code of the state, contiguous parcels or units that would otherwise merge under said Section 66424.2 shall be exempt from merger unless proceedings are taken pursuant to this title to merge such parcels or units.

(Ord. 171 § 1, 1976)

A. The city council, either on its own motion, or upon request by a landowner, may institute proceedings to merge parcels or units of land subject to merger under Section 66424.2 of the Government Code of the state by giving at least thirty days' written notice to the owner of the parcels or units affected by the proposed merger of its intent to record a notice of merger and of the time, date and place of a hearing on the proposed merger.

B. The owner and other interested parties may present evidence to the city council at the hearing why such notice should or should not be recorded.

(Ord. 171 § 2, 1976)

A. If the city council, after a hearing, determines that the parcels or units of land in question are subject to merger under Section 66424.2 of the Government Code of the state, and that under the circumstances of the particular case, it would be contrary to the purposes for the regulation of the subdivision of land set forth in the ordinances of the city if the parcels or units of land were not merged, it may order the parcels or units merged.

B. In lieu of merger, the city council may impose such conditions as will insure that nonmerger will not be contrary to the purpose set forth in the ordinances of the city.

C. If such conditions are not met within the time provided, the city council shall cause a notice of merger to be recorded as set forth in Section 16.52.040.

(Ord. 171 § 3, 1976)

If the city council, after a hearing, order parcels or units of land mergered, or if conditions for nonmerger are not met within the time provided, it shall cause a notice of merger to be filed for record with the county recorder. The merger shall be effective from the time of recording such notice.

(Ord. 171 § 4, 1976)

If contiguous parcels or units of land held by the same owner are merged pursuant to the provisions of this title, such contiguous parcels or units may not thereafter be sold, leased, or financed, except as a unit, the city zoning ordinance, and all other applicable city ordinances.

(Ord. 171 § 5, 1976)