Firebaugh Municipal Code § 13-3 Potential Lien

§ 13-3.1. Potential Lien for Development.¶

[Ord. #93-2, S1]

Whenever an entity is required, as a condition of development, to bear the cost of acquisition of necessary rights-of-way or easements for street construction or facilities incidental thereto, or if an entity is required to construct standard frontage improvements or facilities incidental thereto beyond the limits of its development, which for purposes of this section shall mean the centerline of the adjacent street and property boundary lines generally perpendicular to the street centerline, then the City shall, as a condition of and prior to the development or subdivision of the property from which the right-of-way acquisition occurred or from the adjacent property on which the frontage improvements were installed, or from property which would have future responsibility for the construction, require the developer of such adjacent property which received benefit by virtue of the improvements having been previously constructed to pay to the City an amount determined by the director of public works, based on the project accounting, as representing the cost of street right-of-way acquisition and any construction. A notice of potential lien to secure such payment shall be recorded in a form substantially as set forth in subsection 13-3.2. Such payment shall be made prior to approval by the City of any development entitlement or building permit for such adjacent property. The City shall then make reimbursement to the entity who bore the initial cost of such right-of-way acquisition or improvements, or both, provided, however, that any right to reimbursement under this section shall expire 20 years after City acceptance of such rights-of-way and improvements.

Exceptions & meaning →

§ 13-3.2. Notice of Potential Lien.¶

[Ord. # 93-2, S1]

The notice of potential lien referred to in subsection 13-3.1 shall be in substantially the following form:

RECORDED REQUESTED BY: CITY OF FIREBAUGH When Recorded Mail To: City of Firebaugh 1575 Eleventh Street Firebaugh, CA 93622

SPACE ABOVE THIS LINE FOR RECORDER
CITY OF FIREBAUGH DEPARTMENT OF PUBLIC WORKS
NOTICE OF POTENTIAL LIEN
In accordance with section 13-3 of the Firebaugh Municipal Code, as constituted on the date of this notice, the City of Firebaugh shall, prior to development or further development of the following described real property ("subject property") and as a condition of such development, require the developer of the subject property to pay to the City the sum of $ _____, which represents the estimated cost of right-of-way to be acquired for street construction in connection with [here name the development of the entity who bore the initial cost of such right-of-way acquisition or improvements], which sum is proposed to be paid to [here name the entity who bore the initial cost of such right-of-way acquisition or improvements].
In addition to said sum, the City of Firebaugh shall also, prior to development or further development of the subject property, collect all estimated fees, charges, and improvement costs which may have been paid by others, which can be assessed to the developer of the subject property to the extent allowed by the Firebaugh Municipal Code. The actual amounts to be assessed shall be determined by the Director of Public Works, City of Firebaugh, at such time described below.
The potential lien which is the subject of this notice shall not attach until and unless a development entitlement is sought from the City of Firebaugh, including but not limited to a subdivision map, parcel map, rezone, or special permit, and must be paid prior to issuance of a building permit.
The property affected by this notice is commonly known as [give common description], Assessor's Parcel Number(s) _____;
and more particularly described as follows: [here give legal description of the subject property].
ATTEST:
By City Clerk
CITY OF FIREBAUGH A Municipal Corporation
By Director of Public Works
APPROVED AS TO FORM
By City Attorney

Exceptions & meaning →