Butte County Municipal Code Art. XIV Monument Preservation fund; Recording Fee

The purpose of this article is to establish a survey monument preservation fund to pay the necessary expenses incurred or authorized by the county surveyor, in any retracement or remonument survey of major historical land division lines upon which later surveys are based. Such major historical land division lines include, but are not limited to, government section lines, rancho lines, grant lines, rancho section lines, acreage subdivision lot lines, and subdivision boundary lines within the county.

(Ord. No. 3651, § 1, 11-15-2000)

This article is adopted pursuant to sections 27584, 27585, and 66018 of the California Government Code.

(Ord. No. 3651, § 1, 11-15-2000)

The board of supervisors makes the following findings and determinations in regard to the fees assessed and levied pursuant to the provisions of this article:

(1) The need to remonument certain major historical boundaries has been recognized by the State of California, in the enactment of Government Code, sections 27584 and 27585.

(2) There are areas of the county where the original survey information is in danger of being lost or destroyed, and the cost to preserve this information is substantial when compared to the monetary value of the land. It is important to preserve this information to allow property owners to exercise their inherent property right to reasonably be able to re-establish their property boundaries.

(3) All of the County of Butte will benefit from the establishment of this fund to improve and preserve major historical survey information.

(Ord. No. 3651, § 1, 11-15-2000)

"Grant deed" means any conveyance by which a fee simple estate in real property is passed, including gift deeds, but excluding quit claim deeds, sheriff's deeds, tax deeds, reconveyance deeds, decrees of distribution or judgments of partition.

"Public entity" includes the state, the county, a city, a district, a public authority, a public agency, and any other political subdivision, in the state.

"Recorded map" means a map approved, and filed under the authority of the subdivision map act and/or chapter 20 of this Code.

(Ord. No. 3651, § 1, 11-15-2000)

There is hereby imposed a user fee of ten dollars ($10.00), which shall be charged and collected by the county recorder, over and above any other fees required by law, as a condition precedent to the filing or recording of any grant deed.

(Ord. No. 3651, § 1, 11-15-2000)

Deeds conveying any of the following real property shall be exempt from such fees:

(1) Lots or parcels created by recorded subdivision or parcel maps.

(2) Real property to any public entity, or to the United States or any agency or instrumentality thereof.

(Ord. No. 3651, § 1, 11-15-2000)

The treasurer of the county is required to maintain a survey monument preservation fund. Fees charged and collected by the county recorder pursuant to this article shall be forwarded by the recorder to the treasurer and shall be deposited in said fund. Under no circumstances shall funds collected by the county recorder for the survey monument preservation fund be forwarded, transferred to, or deposited into any other fund or used for any other purpose.

(Ord. No. 3651, § 1, 11-15-2000)

The county surveyor shall administer this article, including providing for receiving input from the professional land surveyors in the county for the purpose of establishing project priority recommendations. The county surveyor shall also develop and submit operational policies and procedures to the board of supervisors for review and approval. Upon approval by the said board, the policies and procedures shall be the operational guidelines for the county's survey monument preservation program and for the use of the survey monument preservation fund.

(Ord. No. 3651, § 1, 11-15-2000)

Notwithstanding any other provision of this article, the failure of the county recorder to collect said fee at the time of a document recordation:

(1) Shall not create any liability on the part of the recorder; and

(2) Shall not affect the constructive notice otherwise imparted by the recording of the document.

(Ord. No. 3651, § 1, 11-15-2000)

In determining the applicability of the user fee to any conveyance, the county recorder may rely on the information on the document involved and/or information obtained from the filer of the document.

(Ord. No. 3651, § 1, 11-15-2000)