Chapter 17.64


17.64.010    Title and purpose.

17.64.020    Land corner preservation fund.

17.64.030    Public land corner preservation fee.

17.64.040    Appeal.

17.64.050    Multiple instruments embodied in one document.

17.64.010 Title and purpose.

(1) This chapter shall be known as the “public land corner preservation ordinance” and may be so pleaded.

(2) The Crook County court finds that:

(a) The accurate description of real property in public records is essential to the property rights held by all citizens;

(b) The establishment, re-establishment and maintenance of corners of government surveys are vital to promote accuracy in descriptions of real property and in public records of real property ownership;

(c) Due to a lack of funds, counties have been unable to implement programs to fulfill this need;

(d) The Sixty-Third Legislative Assembly recognized this need by adopting 1985 Or. Laws Ch. 582 authorizing counties to adopt a recording fee to be used to fund such programs;

(e) The Sixty-Fourth Oregon Legislative Assembly enacted HB 2431 (1987 Or. Laws Ch. 469) so as to standardize the collection of fees for public land corner preservation;

(f) Some instruments less directly affect the transfer of title or interest in real property, or are supplemental to the instruments that more directly affect title or interest in real property, or are not used at all in Crook County, and that the same instrument affecting a real estate transaction may be, and often is, identified by several different names depending on the originating jurisdiction, historical era and local custom. Thus the court finds it necessary to enlarge an otherwise smaller list by including all the various names for the same instrument in order to avoid confusion as to whether an instrument is subject to state law and this chapter; and

(g) This chapter is necessary so as to make the list of documents subject to the fee consistent with state law, to establish a fund and to establish a fee structure.

(3) The Crook County court therefore declares that adoption of an ordinance imposing fees and establishing a fund for public land corner preservation is in the best interest of the safety and welfare of the citizens and property owners of Crook County. (Ord. 37 § 1, 1988)

17.64.020 Land corner preservation fund.

(1) Fund Establishment. The public land corner preservation fund is hereby established.

(2) Collection and Deposits. All moneys collected pursuant to this chapter shall be collected by the county clerk. The county clerk shall deposit all moneys so collected with the county treasurer at least once a month to be credited to the public land corner preservation fund.

(3) Use of Funds. All revenues credited to said fund together with the interest thereon, shall be used only to pay the expenses incurred and authorized by the county surveyor in the establishment, re-establishment, and maintenance of corners of government surveys as provided by state law under ORS 209.070(5) and (6). Expenses may include, but are not limited to, personnel costs, equipment, supplies, work space, legal fees, and overhead costs relating to the implementation of this chapter. (Ord. 37 § 2, 1988)

17.64.030 Public land corner preservation fee.

(1) The sum of $10.00 shall be charged by the county clerk’s office for the filing and recording of all documents including but not limited to deeds and grants, including bargain and sale deeds, estoppel deeds, land patents, mineral deeds, quitclaim deeds, sheriff’s deeds, timber deeds, all warranty deeds, deeds creating estates by the entirety, personal representative deeds, cemetery deeds, condominium warranty deeds, correction deeds, dedication deeds, tax deeds, deeds concerning easements including rights-of-way, licenses, dedication, profits, and lot line adjustments; mortgage documents including deeds in lieu of foreclosure, mortgage and second mortgages, complete and partial assignments of mortgages, full and partial discharges and/or release, satisfactions and reconveyances, assumptions and extensions of mortgages, subordination agreements, notes and deeds of mortgage reinstatements, modifications of notes and mortgages, and loan modification agreements; certificates of sale; affidavits of ownership, divorce settlements, inventories of deceased persons; inventories of protected persons; notices of lis pendens, and vacations.

(2) Fees Not to Replace Any Other Fee or Tax. These fees are in addition to and not in lieu of any other fee or tax imposed by the county or state for the recording of documents, survey services, or any other purpose. (Ord. 37 Amd. 2 § 1, 1997)

17.64.040 Appeal.

The county court may review any document presented for recording to determine whether it properly comes within the terms of this chapter. The decision of the county court may be appealed in writing to the court. Such appeal must be filed within 14 days and state with particularity the grounds for applicant’s position that the fee should not be charged. The decision of the county court is final and may be appealed only by writ of review. (Ord. 37 § 4, 1988)

17.64.050 Multiple instruments embodied in one document.

Where more than one instrument as enumerated in CCC 17.64.030(1) are embodied in the same document and are filed with the Crook County clerk, the fees as set forth in CCC 17.64.030(1) shall be applied to each instrument severally. (Ord. 37 Amd. 1 § 1, 1988)