1986-04308-Ordinance No. 86-014 Recorded 3/5/1986SG- 4308
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Establishing a
vCL 7 FaU-
Public Land Corner Preserva-
tion Account, Creating a User
Fee, Declaring an Emergency,
and Setting an Effective Date.*
ORDINANCE NO. 86-014 i-
er,,V;
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNT1",
OREGON, ORDAINS as follows:.
Section 1. Purpose. The purpose of this Ordinance is to
establish a fee for the recording of documents that convey an
interest in real property pursuant to ORS 205.130 by deed, to be
used by the County Surveyor for the establishment, reestablish-
ment and maintenance of corners of government surveys under ORS
209.070(5) and (6).
Section 2. Definitions. As used in this Ordinance:
A. "Corner" means a point determined by the surveying
process.
B. "County Surveyor" means the Deschutes County
Surveyor or his designee.
C. "Deed" means deed, bargain and sale deed, conserva-
tor's deed, deed and assignment, deed creating an estate in the
entirety, deed in lieu of foreclosure, estoppel deed, grant deed,
land patent, mineral deed, mining claim deed, personal represen-
tative's deed, quitclaim deed, sheriff's deed, special warranty
deed, tax deed, timber deed, trustee's deed, and warranty deed.
D. "Existing Corner" means one whose position can be
identified by verifying the evidence of the monument or its
accessories, by reference to the description and field notes, or
located by an acceptable supplemental survey record, some
physical evidence, or testimony.
E. "Government Corners" include all corners and bound-
ary lines as is accepted in the U. S. Department of Interior,
Bureau of Land Management, Manual of Surveying Instruction and
its supplements, such as section, quarter section, donation land
claim, meander, closing, witness, state boundary, and line trees.
Such corners include:
(1) "Lost Corner" means a point of a survey whose
position cannot be determined, beyond reasonable doubt, either
from traces of the original marks or from acceptable evidence or
testimony that bears upon the original position, and whose loca-
tion can be restored only by reference to one or more interdepend-
ent corners.
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(2) "Monument" means an object or physical struc-
ture which marks the corner point.
(3) "Obliterated Corner" means one at which point
there are no remaining traces of the monument or its accessories,
but whose location has been perpetuated, or the point for which
may be recovered beyond reasonable doubt by the acts and testi-
mony of the interested landowners, competent surveyors, or other
qualified local authorities, or witness, or by some acceptable
record evidence.
(4) "Restoration" is the establishment, reestab-
lishment, or maintenance for the purpose of preservation of the
corner.
Section 3. Fee. The County Clerk shall collect a fee for
the recording of a deed as defined herein in the amount of $5.00
per deed. This fee shall be in addition to any other fee charged
by the County Clerk. At least once a month the County Clerk
shall deposit with the County Treasurer all fees received pursu-
ant to this ordinance in the Public Land Corner Preserevation
Account.
Section 4. Public Land Corner Preservation Account. A
Public Land Corner Preservation Account shall be created and used
for the purposes stated in this Ordinance. All monies collected
for this account and any interest accrued to this account shall
be deposited and credited to the Public Land Corner Preservation
Account.
Section 5. Restriction on Expenditure of Funds. Funds
received pursuant to this Ordinance shall be used for establish-
ment, reestablishment and maintenance of corners of government
surveys under ORS 209.070(5) and (6) and for no other purpose.
Section 6. Emergency. This Ordinance being necessary for
the immediate preservation of public peace, health and safety, an
emergency is declared to exist, and this Ordinance takes effect
on April 1, 1986.
DATED thisf// day of �. , 1986.
BOARD OF COUNTY COMMIS IONERS
OF ,4SCHU� COUNTY, COMMIS
ATTEST:
Record ng Secretary
2 - ORDINANCE NO. 86-014
STOW PRANTE, Chairman
LAURENCE A.1TUTTLEI Commissioner
DICK MAUDLIN,
Commissioner