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Ordinance No. 3651
ORDINANCE ADDING ARTICLE XIV TO CHAPTER 3 OF THE
BUTTE COUNTY CODE ESTABLISHING SURVEY MONUMENT PRESERVATION
FUND AND IMPOSING RECORDING FEE
The Board of Supervisors of the County of Butte ordains as follows:
', Section 1. Enactment of Article XIV of Chapter 3 of the Butte County Cone. Article XIV is hereby
added to Chapter 3 of the Butte County Code to read as follows:
"Article XIV. Monument Preservation Fund;_Recording Fee
3-120 -Intent and Purpose. The purpose of this Article is to establish a Survey Monu€nei~t
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.
3-121 - Authority.. This Article is adopted pursuant to Sections 27584, 27585, and 66018 of the
California Government Code.
3-122 - Findings. 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 re-monument 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
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boundaries.
(3} All of the County of Butte will benefit from the establishment of this fund to improve and'
preserve major historical survey information.
3-123 - Definitions. (1) "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.
{2) "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.
(3) "Recorded Map" means a map approved, and filed under the authority of the Subdivision Map
Act and/or Chapter 20 of this Code.
3-124 - ll~n osition of Monument Preservation Fund Fee. There is hereby imposed a user fee of ten
dollars ($10}, 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.
3-125 -Exceptions. 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.
(Z} Real property to any public entity, or to the United States or any agency or instrumentality thereof.
3-126 -Survey Monument PreseryationFund. The Treasurer of the County is required to mai r~tai E
a Survey Monument Preservation Fund . Fees charged and collected by the County Retarder pursuant
to this Article shall be forwarded by the Recorder to the Treasurer and shall be deposited in said Fund.
Under na 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 far any other
purpose.
3-127 -Administration. 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
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policies and procedures shall be the operational guidelines far the County's survey monument
preservation program and for the use of Che Survey Monument Preservation Fund.
3-128 -Effect of Failure to Collect Fee. 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.
3-129 - Reliance an Information. 1n determining Che 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."
Section 2. Severabilit .
If any provision of this Ordinance ar the application thereof to any person or
circumstances is for any reason held to be invalid by a court of competent jurisdiction, such provision
shall be deemed severable and the invalidity thereof shall not affect the remaining provisions or other
applications of the Ordinance which can be given effect without the invalid provision or application ~!
thereof.
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Section 3 Effective date and publication.
This Ordinance shall take effect thirty {30) days after the date of its passage. The Clerk
of the Board of Supervisors is authorized and directed to publish this ordinance before the expiration of
fifteen {15) days after its passage. This Ordinance shall be published once, with the names of the
members of the Boarcl of Supervisors voting for and against it, in the Chico Enterprise,
a newspaper of general circulation published in the County of Butte, State of Califarni~~.
PASSED AND ADOPTED by the Board of Supervisors of the County of Butte, State of
California, on the 15th day of November , 2000, by the following vote:
AYES: Supervisors Feeler, Hoax, J'osiassen, Davis and Chair Dolan
NOES: None
ABSENT: None
NOT VOTING: None
DOL~1V, Chair
County Board of Supervisors
ATTEST:
Y
,~ _~
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Joh Blacklick
Clerk of the Board of Supervisors
(gamonmtcln}
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