SB-2

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Gwen del Castillo
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Location: Orange County, CA

Re: SB-2

Postby Gwen del Castillo » Wed Dec 06, 2017 8:06 am

From the OC Recorder's Office: "Documents believed to be exempt from the new SB2 fee, must be labeled "EXEMPT" with a valid exemption on the face of the document , or on the cover page, prior to submitting the document for recording with the County Recorder." So apparently the determination is to be made prior to submitting for recordation/filing .?

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mpallamary
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Re: SB-2

Postby mpallamary » Wed Dec 06, 2017 8:52 am

I am involved in a lawsuit and one of the arguments involves the distinction between filing and recording of Record of Survey maps (in San Diego.) I met with the County Recorder and discussed that matter and it is as I suspected.

A Record of Survey is both filed and recorded while normal documents are merely recorded. That is because once a deed is recorded and copied it is thrown away. The recorder does not keep anything. When a Record of Survey is recorded, the filing number is assigned to the map in addition to the ROS map and it is logged on a recording notice. The map is notated with the instrument number and it is then filed with the recorder after being recorded. That is one of the reasons maps are printed onto mylar and previously linen. They are intended to remain as a filed document for perpetuity.

I hope this makes sense. Recorded and filed.

8762 PLSA


(1) Material evidence or physical change, which in whole or in part does not
appear on any subdivision map, official map, or record of survey previously recorded or
properly filed
in the office of the county recorder or county surveying department, or map
or survey record maintained by the Bureau of Land Management of the United States.

(2) A material discrepancy with the information contained in any subdivision
map, official map, or record of survey previously recorded or filed in the office of the
county recorder or the county surveying department, or any map or survey record
maintained by the Bureau of Land Management of the United States. For purposes of
this subdivision, a “material discrepancy” is limited to a material discrepancy in the
position of points or lines, or in dimensions.

(3) Evidence that, by reasonable analysis, might result in materially alternate
positions of lines or points, shown on any subdivision map, official map, or record of
survey previously recorded or filed
in the office of the county recorder or the county
surveying department, or any map o

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mpallamary
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Re: SB-2

Postby mpallamary » Wed Dec 06, 2017 8:54 am

8763. Record of survey - sheet requirement
The record of survey shall be a map, legibly drawn, printed, or reproduced by a process
guaranteeing a permanent record in black on tracing cloth, or polyester base film, 18 by 26
inches or 460 by 660 millimeters. If ink is used on polyester base film, the ink surface shall be
coated with a suitable substance to assure permanent legibility.
A marginal line shall be drawn
completely around each sheet leaving an entirely blank margin of one inch or 25 millimeters.

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Ian Wilson
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Re: SB-2

Postby Ian Wilson » Wed Dec 06, 2017 7:40 pm

BTW, Michael, when a deed is recorded, it is mailed to the recipient listed in the block, usually at the upper right corner of the cover page, where it says "When recorded mail to..." or similar wording. That's how I got my deed when Laura and I bought our house earlier this year.

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mpallamary
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Re: SB-2

Postby mpallamary » Wed Dec 06, 2017 8:43 pm

Yes Ian! You are correct! I should have made that notation.

Many thanks for the clarification! Hopefully, someone hangs on to the deeds/documents. We recently scanned all those documents and stick them away.

Good catch and clarification!

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mpallamary
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Re: SB-2

Postby mpallamary » Thu Dec 07, 2017 7:39 am

Ian, once again for pointing out my omission! I appreciate it very much. Now to the more important issue, how was the wedding?

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surveyoron
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Re: SB-2

Postby surveyoron » Thu Dec 07, 2017 11:03 am

What about a geodetic control network Record of Survey that has nothing to do with "Real Property" or "Real Estate"?
Ron Garton, PLS 7717
County Surveyor
Humboldt County, CA

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Warren Smith
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Re: SB-2

Postby Warren Smith » Thu Dec 07, 2017 11:20 am

Our Recorder sent out a memo with the proviso that documents purporting to be exempt have a statement declaring the basis for exemption.

The statute mentions that documents already exempt from a recording fee will not have the surcharge added.
Warren D. Smith, LS 4842
County Surveyor
San Joaquin County

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Ian Wilson
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Re: SB-2

Postby Ian Wilson » Thu Dec 07, 2017 11:30 am

Thanks, Warren. The exemption is for owner occupied parcels. So, does that mean that if we prepare a Record of Survey for a client on the parcel on which their house sits, there will be no fee?

And, if a Record of Survey imposes no constructive notice, can it be considered as one of the documents?

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dedkad
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Re: SB-2

Postby dedkad » Fri Dec 08, 2017 4:33 pm

I just asked our County Recorder for the latest info. They have been meeting with other County Recorders and are having some big statewide Recorder meeting next week where some final determinations will be made. As of today, my Recorder's office said that pretty much any recorded document, including maps, will have to pay the fee, except documents that are exempt from any recording fees. They also said that the maximum fee assessed to a property is $225, as long as the property is owned by the same person. It will be up to the property owner to keep track of this fee and provide documentation to the recorder that they have paid the maximum.

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Jim Frame
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Re: SB-2

Postby Jim Frame » Fri Dec 08, 2017 4:44 pm

Does the new fee kick in January 1? I need to make sure I don't neglect to account for it when proposing on work to be delivered after the start date.

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Warren Smith
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Location: Stockton

Re: SB-2

Postby Warren Smith » Fri Dec 08, 2017 4:49 pm

Jim,

Yes. (actually January 2)
Warren D. Smith, LS 4842
County Surveyor
San Joaquin County

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Tom Herrin
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Location: Highland, CA
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Re: SB-2

Postby Tom Herrin » Fri Dec 08, 2017 4:52 pm

Link to the new language for reference:

http://leginfo.legislature.ca.gov/faces ... 1720180SB2

There seems to be pretty universal anticipated application of this new statute across the state, as different County Recorder's offices are talking to each other and utilizing their own professional organizations to establish their interpretations of SB-2.

The language in the statute talks about fees charged at $75 "per each single transaction per parcel of real property", not to exceed $225. This is open to confusion. How much would an RS of multiple parcels be charged, assuming no other exemptions come in to play? Subdivision maps? See section 27388.1 (a)(1) of the CA Govt. Code.

As for the exemptions, listed in Section 27388.1 (a)(2), there are two separate cases. Documents recorded "in connection with a transfer subject to the imposition of a documentary transfer tax" are one, and and documents "recorded in connection with a transfer of real property that is a residential dwelling to an owner-occupier" are the other. A good percentage of records of survey potentially fall under these exemptions. If it were me submitting one of these maps, I would be placing the exemption language on the face of the R.S. and requesting not to pay the fee. These exemptions would also apply to most residential lot line adjustments.

Couple of what if's:

R.S. of a single line or point of a property? This is not a survey of a parcel. Fee or no fee?

R.S. of monumentation for preservation purposes in compliance with 8771, with no lines or parcels established?

Certificates of correction and/or ammending maps?

Geodetic control network was already mentioned above.

Unfortunately, the 'clarification' part of 27388.1 (a)(1) just lists "maps" as one of the types of documents that fall under this new fee.

Finally, the poorly written language of this new statute specifically includes mechanics liens as a type of document that is subject to the tax. What were they thinking on this one? The person filing this document has already been wronged in some fashion, and is now subject to additional fees? Nice.
Tom Herrin
County Surveyor
County of San Bernardino

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Steve Martin
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Location: Hayward

Re: SB-2

Postby Steve Martin » Mon Dec 11, 2017 8:17 am

Another exception to recording fees:

Government Code 27383
No fee shall be charged by the recorder for services rendered to the State, to any municipality, county in the State or other political subdivision thereof, except for making a copy of a paper or record.
(Added by Stats. 1955, Ch. 488.)

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dedkad
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Re: SB-2

Postby dedkad » Mon Dec 11, 2017 12:21 pm

Steve Martin wrote:Another exception to recording fees:

Government Code 27383
No fee shall be charged by the recorder for services rendered to the State, to any municipality, county in the State or other political subdivision thereof, except for making a copy of a paper or record.
(Added by Stats. 1955, Ch. 488.)


I've got an email into our Counsel to see what types of documents they consider are a benefit to my agency, rather than the developer. Some are obvious, like easements. Some are not. The Recorder said they would accept our Counsel's determination.


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