San Bernardino County Municipal Code Ch. 6 Survey Monument Preservation Fund

This Chapter shall be known and may be cited as the “Survey Monument Preservation Ordinance of the County of San Bernardino.” The purpose of this Article is to develop 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 said County.

This Article is adopted pursuant to Government Code §§ 27584 and 27585.

(Ord. 3154, passed - -1987; Am. Ord. 2821, passed - -1983)

For the purposes of this Chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

GOVERNMENT ENTITY. Includes the State of California, a county, city, district, public authority, public agency, and any other political subdivision in the State.

GRANT DEED. Any conveyance by which an estate in real property is passed except that it does not include a reconveyance deed, decree of distribution, judgment of partition, trust deeds, deeds conveying easements, deeds conveying oil or mineral rights only, deeds changing title from one form to another such as from community property to joint tenancy, or any grant deed that is recorded or re-recorded solely for the purpose of correcting an error in a previously recorded document.

RECORDED TRACT MAP. A final map filed under the authority of the “Subdivision Map Act” of the State of California.

PARCEL MAP. A parcel map filed under the authority of the “Subdivision Map Act” of the State of California.

(Ord. 3154, passed - -1987; Am. Ord. 2821, passed - -1983)

There is imposed a user’s fee of $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 conveying real property, except for those grants:

(a) Conveying lots created by recorded tract or parcel maps;

(b) Conveying lots to government entities;

(c) Which are recorded solely for the purpose of correcting errors in a previously recorded document.

(Ord. 3154, passed - -1987; Am. Ord. 2821, passed - -1983)

The Treasurer of the County of San Bernardino is required to maintain a Survey Monument Preservation Fund and under no circumstances shall funds collected by the County Recorder for the Survey Monument Preservation Fund be directed into any other fund or used for any other purpose.

(Ord. 3154, passed - -1987; Am. Ord. 2821, passed - -1983)

The County Recorder shall administer this Article and shall on or before the fifteenth day of each month forward to the County Treasurer all fees collected under this Article during the previous month for deposit into the County’s Survey Monument Preservation Fund.

(Ord. 3154, passed - -1987; Am. Ord. 2821, passed - -1983)

Notwithstanding any other provision of this Article, the failure of the County Recorder to collect said fee at the time of a document recordation:

(a) Shall not create any liability on the part of the County Recorder;

(b) Shall not affect the constructive notice otherwise imparted by the recording of the document;

(c) Shall not prevent the County from subsequently collecting the fee from the grantee or other party who was liable for payment of the fee at the time the document was recorded.

(Ord. 3154, passed - -1987; Am. Ord. 2821, passed - -1983)

In determining the applicability of the fee to any conveyance, the County Recorder may rely on the information on the document involved, or information obtained from the flier of the document, or information from the County Surveyor.

(Ord. 3154, passed - -1987; Am. Ord. 2821, passed - -1983)