Marin County Municipal Code Ch. 3.49 Survey Monument Preservation Fee

The purpose of this ordinance is to create 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 as, but not limited to, government section lines, rancho lines, grant lines, rancho section lines, acreage subdivision lot lines, and subdivision boundary lines within the county. This ordinance is adopted pursuant to Sections 27584 and 27585 of the Government Code.

(Ord. 3334 § 1, 2002)

For purposes of carrying out the intent of this chapter, the following words, phrases, and terms shall have the meanings set forth herein unless a different meaning is clearly intended by the use and context of the word, phrase or term.

A. "Grant deed." Grant deeds subject to the user fee shall include but not be limited to the following:

Deeds describing parcels or lots created by parcel maps; parcels or lots created by records of surveys; parcels or lots created by official maps; parcels or lots created by government surveys; and parcels and lots created by metes and bounds, exception, portion, or acreage descriptions (except those metes and bounds descriptions describing an entire lot or lots created by a recorded final map). Grant deeds excluded from paying the fee shall include but not be limited to the following: trust deeds; deeds conveying easements or oil or mineral rights only; deeds to or from government entities or agencies or officers thereof acting in their official capacities; deeds recorded or rerecorded solely for the purpose of correcting an error in a previously recorded document; and deed which describe the property conveyed as an entire lot or lots created by a recorded final map.

(Ord. 3334 § 1, 2002)

There is hereby imposed a user's fee of ten dollars, or as specified in Government Code Section 27585 or its statutory successor, 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 and recording of any grant deed. No such fee shall be charged for any document for which there is presented a declaration signed by any of the grantors therein, stating under penalty of perjury that the property being conveyed by such deed consists of an entire lot or lots created by a recorded final map setting forth the date, book and page of such recordation.

(Ord. 3334 § 1, 2002)

There is hereby established in the office of the county auditor controller and the county treasurer a special interest bearing fund entitled "Survey Monument Preservation Fund." All user fees imposed by this chapter shall be forwarded monthly by the county recorder to the county treasurer for deposit to the county survey monument preservation fund. The Fund may be used only for the purposes permitted by Government Code Section 27584.

(Ord. 3334 § 1, 2002)

In determining the applicability of the user fee established by this chapter to any conveyance, the county recorder may rely on the information on the document involved or information obtained from the filer of the document. The failure of the county recorder to collect the user fee imposed by this chapter at the time of document recordation shall not create any liability on the part of the county recorder and shall not affect the validity of such recordation and shall not prevent the county from subsequently collecting said fee.

(Ord. 3334 § 1, 2002)