HomeMy WebLinkAbout2026-44-Ordinance No. 2026-003 Recorded 2/24/2026REVIEWED
LEGAL COUNSEL
Recorded in Deschutes County CJ2026-44
Steve Dennison, County Clerk 02/24/2026 3:59.12 PM
Commissioners' Journa!
2026-44
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Chapter 4.20, Public Land
Corner Preservation Fund, of the Deschutes County * ORDINANCE NO. 2026-003
Code.
WHEREAS, the Deschutes County Code (DCC) contains rules and regulations duly enacted through
ordinance by Deschutes County and the Deschutes County Board of Commissioners; and
WHEREAS, from time -to -time the need arises to make amendments, including new enactments to the
DCC; and
WHEREAS, staff from the Road Department/Surveyor have identified a need to amend DCC 4.20 to
clarify criteria for setting recording fees; and
WHEREAS, the Board of County Commissioners of Deschutes County considered this matter at a duly
noticed Board meeting on January 28, 2026, and determined that DCC 4.20 should be amended; now therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS
as follows:
Section 1. AMENDMENT. DCC 4.20 is amended to read as described in Exhibit "A," attached hereto
and by this reference incorporated herein, with new language underlined and language to be deleted in
str+kethi-eugh,
Section 2. ADOPTION. This Ordinance takes effect 90 days after second reading.
IN
PAGE 1 OF 2 - ORDINANCE NO.2026-003
Dated this j of 2026 BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
PHIL CI-IANG, Chair
ANTHONY DeBONE, Vice Chair
ATTEST:
I'V._(a St .
Recording Secretary PATTI ADAIR, Commissioner
Date of I st Reading: 2- r
Date of 2nd Reading:
Record of Adoption Vote
Commissioner Yes No Abstained Excused
Patti Adair
Phil Chang
Anthony DeBone �(
Effective date: _ % ® _
PAGE 2 OF 2 - ORDINANCE NO.2026-003
(To Ordinance No. 2026-003)
4,20.010 Purpose
4.20.020 Definitions
4.20.025 Definition; Corner
4.20.030 Definition; County Surveyor
4.20.035 Definition; Existing Corner
4.20.040 Definition; Government Corners
4.20.045 Definition; Instrument
4.20.050 Fee Established; Disposition
4.20.060 Fund Created
4.20.070 Restriction On Expenditures
4.20.010 Purpose
The purpose of DCC 4.20 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, reestablishment and maintenance of corners of
government surveys under ORS 209.070(5) and (6).
HISTORY
Adopted by Ord. 86,014 §1 on 2/19/1986
4.20.020 Definitions
For the purposes of DCC 4.20, unless otherwise apparent from the context, certain words
and phrases used in DCC 4.20 are defined as set forth in DCC 4.20.025-045.
HISTORY
Adopted by Ord. 86-014 §2 on 211911986
Amended by Ord. 95-029 §1 on 511711995
4.20.025 Definition; Corner
"Corner" means a point determined bythe surveying process.
HISTORY
Adopted by Ord. 86-014 §2 on 211911986
4.20.030 Definition; County Surveyor
"County Surveyor" means the County Surveyor or his designee.
HISTORY
Adopted by Ord. 86v014 §2 on 211911986
4.20.035 Definition; Existing Corner
"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.
HISTORY
Adopted by Ord. 86,014 §2 on 211911986
4.20.040 Definitions Government Corners
"Government corners" means and includes all corners and boundary lines as is accepted
in the United States 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:
A. "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
location can be restored only by reference to one or more interdependent corners.
B. "'Monument" means an objector physical structure which marks the corner point.
C. "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
testimony of the interested landowners, competent surveyors, or other qualified
local authorities, or witness, or by some acceptable record evidence.
D. "Restoration" means the establishment, reestablishment or maintenance for the
purpose of preservation of the corner.
HISTORY
Adopted by Ord. 86-014 §2 on 211911986
"Instrument" means any document described in ORS 205.130(2).
HISTORY
Adopted by Ord. 87-027 §2 on 811911987
Amended by Ord. 99-03 7 §1 on 12/15/1999
4.20.050 Fee Established; Disposition
The County Clerk shall collect a fee for the recording of an instrument as defined in DCC
4.20 in the amount prescribed by the Deschutes County Fee Schedule ofteftdeltafs-pef
imstraf,ftent. 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 pursuant to DCC 4.20 in the public land corner preservation account.
HISTORY
Adopted by Ord. 86-014 §3 on 2/19/1986
Amended by Ord. 8 7-02 7 §3 on 8/19/1987
Amended by Ord. 99-037 §2 on 12/15/1999
Amended by Ord 2026-003 §1 on 5/25/2026
4.20.060 Fund Created
A public land corner preservation fund shalt be created and used for the purposes stated in
DCC 4.20. All moneys collected for this fund and any interest accrued to this fund, shall be
deposited and credited to the public land corner preservation fund. The treasurer is
authorized to invest fund balances.
HISTORY
Adopted by Ord. 86 014 §4 on 2/19/1986
Amended by Ord. 86-036 § 1 on 3/26/1986
4.20.070 Restriction On Expenditures
Funds received pursuant to DCC 4.20 shall be used for establishment, reestablishment
and maintenance of corners of government surveys under ORS 209.070(5) and (6) and for
no other purpose.
HISTORY
Adopted by Ord. 86-014 §5 on 2/19/1986
MEETING DATE:
BOARDOF
• 11 • '
February 18, 2026
SUBJECT: Second Reading and Adoption of Ordinance No. 2026-003.
RECOMMENDED ACTION:
1) Motion for second reading of Ordinance No. 2026-003, an amendment to DCC 4.20,
by title only.
2) Motion for adoption of Ordinance No. 2026-003.
BACKGROUND AND POLICY IMPLICATIONS:
Deschutes County Code (DCC) Chapter 4.20, Public Land Corner Preservation Fund, includes a
provision regarding recording fees that is not in accord with new legislation. HB3175 (effective
1/1/2026) removed the statutory limit of $10 in ORS 203.148 (2). This statutory change
effectively delegates the determination of the fee amount to the BOCC (in conjunction with
annual fee resolution). The County Surveyor intends to request an additional $4 per recording
for FY27.
A public hearing and first reading occurred on January 28, 2026.
BUDGET IMPACTS:
Slight increase in Public Land Corner Preservation Fund
ATTENDANCE:
Surveyor
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