County Recorder Discretion

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Jim Frame
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County Recorder Discretion

Postby Jim Frame » Mon Jun 10, 2019 2:14 pm

I prepared a Record of Survey that shows a block-long portion of a street that's identified on the 1929 plat as "West 7th Street." I used that name verbatim on my ROS. The street is currently known only as "7th Street," although there are no street signs on this portion of it (it's a short block, and the street Ts into another street at the end of the block).

The County Surveyor approved the ROS and submitted it to the Recorder for filing, but the Recorder's Office staff is balking at filing the map and wants me to "correct" it. I maintain that the name shown is irrelevant, as there's no ambiguity as to the properties involved due to the plat identification on the face of the ROS, and because a ROS doesn't transfer land, doesn't impart constructive notice of anything, and is really just a record of the survey I performed. In hindsight I would probably show both the current and former street names for clarity, but I'm reluctant to go to extra work and expense when I believe the objecting party lacks authority to compel a change.

My question: How much discretion does a County Recorder have in deciding whether or not to file a ROS that meets the statutory requirements of the Professional Land Surveyors' Act?
Jim Frame
Frame Surveying & Mapping
609 A Street
Davis, CA 95616
[url]framesurveying.com[/url]

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Warren Smith
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Location: Sonora

Re: County Recorder Discretion

Postby Warren Smith » Mon Jun 10, 2019 2:44 pm

Jim,

The County Recorder has very little discretion with respect to a record of survey. He or she is charged with keeping proper indexes of such records of survey by the name of grant, tract, subdivision or United States subdivision (PLSA section 8770).

Subdivision maps provide for additional checking by the Recorder, who is charged with maintaining an alphabetic listing of subdividers for reference in Grantor/Grantee indices after sales of lots. Hence the need for Subdivision Guarantees. See SMA section 66464 et seq.
Warren D. Smith, LS 4842
County Surveyor
Tuolumne County

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hellsangle
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Re: County Recorder Discretion

Postby hellsangle » Mon Jun 10, 2019 2:47 pm

Jim,

This sure seems like overstepping their duties . . . But who are we but lowly surveyors subject to the whims of County Surveyor, now Recorder!?!

Good luck, Jim,

Crazy-Surveyor-to-Recorder-Phil - Sonoma

ARTICLE 1. Duties Generally [27201 - 27211] ( Article 1 added by Stats. 1947, Ch. 424. )

27201. (a) (1) (A) The recorder shall, upon payment of proper fees and taxes, accept for recordation any instrument, paper, or notice that is authorized or required by statute, or court order to be recorded, or authorized or required to be recorded by a local ordinance that relates to the recordation of any instrument, paper, or notice that relates to real property, if the instrument, paper, or notice contains sufficient information to be indexed as provided by statute, meets recording requirements of state statutes and local ordinances, and is photographically reproducible. The county recorder shall not refuse to record any instrument, paper, or notice that is authorized or required by statute, court order, or local ordinance that relates to the recordation of any instrument, paper, or notice that relates to real property to be recorded on the basis of its lack of legal sufficiency.
(B) “Photographically reproducible,” for purposes of this division, means all instruments, papers, or notices that comply with standards as recommended by the American National Standards Institute or the Association for Information and Image Management for recording of records.
(2) (A) A person of or related to the record may request that the recorder correct the information contained in an index of a record. The request shall identify the exact location of an error within a specifically identified index entry.
(B) If the person making the request provides sufficient evidence to the recorder to determine that there is an error in the index that needs to be corrected, the recorder shall correct that index entry within 30 business days of receiving the request.
(C) The corrected index entry shall be entered into the public index to reflect both the error and the correction. The recorder shall note that an index entry has been corrected in accordance with local policy.
(b) (1) Each instrument, paper, or notice shall contain an original signature or signatures, except as otherwise provided by law, or be a certified copy of the original.
(2) A facsimile signature shall be accepted on a lien recorded by a governmental agency when that facsimile signature has been officially adopted by that agency. The lien shall have noted on its face a statement to that effect. The officially adopted facsimile signature shall be provided to the county recorder by a letter from the agency. A facsimile signature shall continue to be valid until the agency notifies the county recorder that the facsimile signature has been revoked.
(c) (1) Each instrument, paper, or notice that is rerecorded shall be executed and acknowledged or verified as a new document, in addition to any previous execution and acknowledgment or verification, unless any of the following apply:
(A) The instrument, paper, or notice is otherwise exempted by Section 27287 or any other law.
(B) The instrument, paper, or notice is presented solely to correct a recording sequence. The intent of the parties with regard to the priority of recorded documents shall be controlling regardless of the sequence of recording by a county recorder or the sequence of recording specified in instructions given by a submitter to a county recorder. This subparagraph is declaratory of existing law, and any rerecording of documents to change the sequential numbers assigned to a document by the recorder shall not require the document to be executed and acknowledged or verified as a new document.
(C) (i) The instrument, paper, or notice is presented solely to make a minor correction with a corrective affidavit. The corrective affidavit shall satisfy all of the following:
(I) Be attached to the original recorded instrument, paper, or notice.
(II) Set out the information corrected.
(III) Be certified by the party submitting the affidavit under penalty of perjury.
(IV) Be acknowledged pursuant to Section 27287.
(ii) For purposes of this subparagraph, “minor correction” includes any of the following:
(I) An incorrect or missing address of the party to which the instrument, paper, or notice is to be returned following recording pursuant to Section 27361.6.
(II) A clarification of illegible text pursuant to Section 27361.7.
(III) An incorrect or missing printed or typed name of an individual or entity near the signature pursuant to Section 27280.5.
(IV) An incorrect or missing documentary transfer tax amount due pursuant to Section 11932 of the Revenue and Taxation Code.
(2) Each rerecorded instrument, paper, or notice shall include a cover sheet that complies with Section 27361.6 and shall state the reason for rerecording on the cover sheet.
(Amended by Stats. 2017, Ch. 349, Sec. 1. (AB 794) Effective January 1, 2018.)

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Warren Smith
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Re: County Recorder Discretion

Postby Warren Smith » Mon Jun 10, 2019 2:55 pm

Phil,

The whims of County Surveyors on records of survey include a statement which precludes County Recorder's dictates. That is, compliance with PLSA section 8766, n'est ce pas?
Warren D. Smith, LS 4842
County Surveyor
Tuolumne County

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hellsangle
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Location: Sonoma, CA

Re: County Recorder Discretion

Postby hellsangle » Tue Jun 11, 2019 6:40 am

You are correct Warren . . . Crazy Phil's poor choice of the word"whim" to be lumped in with County Surveyors was wrong. I apologize to all County Surveyors . . .

What I meant was SOME map reviewers that are not LSITs or LSs - questioning boundary resolutions.

Sorry Warren, et al!

Most RESPECTFULLY,

Crazy Phil - Sonoma

Still . . . Surveyor to Recorder

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Jim Frame
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Re: County Recorder Discretion

Postby Jim Frame » Mon Jun 17, 2019 1:11 pm

Apparently the Recorder decided not to press the issue, as the map was filed on 6/14 without further comment.

Edit: I spoke too soon -- the filing notice I received today was for another ROS, not the one being challenged. Stay tuned...
Jim Frame
Frame Surveying & Mapping
609 A Street
Davis, CA 95616
[url]framesurveying.com[/url]

DaveRyan
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Re: County Recorder Discretion

Postby DaveRyan » Tue Jun 18, 2019 1:09 pm

When they start looking at the content of the map, they are way out of their league, and opening up a can of worms. You would hope they come to their senses without it becoming any more of an issue.

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dedkad
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Re: County Recorder Discretion

Postby dedkad » Tue Jun 18, 2019 5:57 pm

I'm with you on using the original plat's street name and completely agree that the Recorder has overstepped their bounds, but why the discrepancy in the street name? When you say the street is currently known only as "7th Street", on what basis is that? Is there a local agency resolution that changed the street name? What do other maps or ROS's in the area show as the street name?

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Jim Frame
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Re: County Recorder Discretion

Postby Jim Frame » Tue Jun 18, 2019 6:51 pm

I have no idea why a Recorder's Office staffer decided to review the map, but apparently she didn't recognize the West 7th designation and looked on a road map. When she found it shown only as 7th Street, she contacted a city Public Works engineer to inquire. He emailed back (copying me) saying he didn't think there's a West 7th, that it's just 7th, but I suspect he was also looking only at a modern road map.

It's a tempest in a teapot, but I'm sticking to my guns for the nonce. I've already been paid for the job, so if the map takes months to get filed it doesn't bother me -- the client just wanted monuments so his contractor could site a new house, he doesn't care a whit about a map. The map has already been relied upon by another surveyor who asked for a copy after finding my tags, so it's effectively out in the wild in any case.
Jim Frame
Frame Surveying & Mapping
609 A Street
Davis, CA 95616
[url]framesurveying.com[/url]


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