SB-2 Communications

[mpallamary]

Anyone have any thoughts on this? I am filing a Certificate of Correction for an old project after discovering the field crew set a monument of a different character.

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Hello Mr. Pallamary,

I am responding to your question in regards to the SB2 Fees and how they would apply to a Certificate of Correction on behalf of Val Wood.

In accordance with Government Code 27388.1 the SB2 Fee applies to any document recorded after January 1, 2018 unless expressly exempt.
The code specifically defines the exemptions from the fee:

The fee described in paragraph (1) shall not be imposed on any of the following documents:
(A) Any real estate instrument, paper, or notice recorded in connection with a transfer subject to the imposition of a documentary transfer tax as defined in Section 11911 of the Revenue and Taxation Code.
(B) Any real estate instrument, paper, or notice recorded in connection with a transfer of real property that is a residential dwelling to an owner-occupier.
(C) Any real estate instrument, paper, or notice executed or recorded by the federal government in accordance with the Uniform Federal Lien Registration Act (Title 7 (commencing with Section 2100) of Part 4 of the Code of Civil Procedure).
(D) Any real estate instrument, paper, or notice executed or recorded by the state or any county, municipality, or other political subdivision of the state.

Since you indicated that you intend to record a Certificate of Correction on its own, it does not appear that any of the exemptions would apply.
In response to your question regarding this document being recorded to correct something that already recorded, yes the fee would still apply.

A copy of GOV 27388.1 is attached for reference. Please let me know if you have any additional questions.

Thank you,

David E. Gonzalez
Assistant Division Chief
Assessor/Recorder/County Clerk

[Warren Smith]

Transfer of real property?

[mpallamary]

Yes??????

[Ric7308]

If all you’re doing is revising the character of the monument that was set at a property corner that is already shown on a record/filed map, why not just file a Corner Record with the CS under 8765(d)? Those are not filed with Recorder, so no additional fee.

[mpallamary]

Good idea! I tried that but the County Surveyor would not accept it. I like the way you think though.

[Ric7308]

I can’t think of any reason why it wouldn’t be accepted. Any surveyor can set a monument of different character at a previously mapped property corner under 8765(d), even the original surveyor. That’s the point.

[David Kendall]

Good idea! I tried that but the County Surveyor would not accept it. I like the way you think though.

Does a County Surveyor have an option under the law to refuse to file or “accept” a corner record? If so then please provide a citation

[mpallamary]

I agree gentlemen.

Here's the situation. Back in 1996 I did a survey and found an old lead and tack in the sidewalk. Unbeknownst to me, the survey crew, placed my disc in the lead plug and I just found out. I submitted a Corner Record and the County Surveyor said I needed to file the COC.

In the second case, the map showed setting a monument at the corner of a lot. There was something in the way and the field surveyor set an offset monument. Again, it was not brought to my attention. That survey recorded three years ago.

I tend to be a boy scout with regards to filing Certificates of Correction. It is my observation that not every surveyor will file a certificate. I am certain that this added fee will discourage surveyors from doing the right thing. At a minimum, Certificates of Correction should be exempt.

[Danielle Goshert]

Certificates of Correction must be reviewed and certified by the county surveyor, city surveyor, or city engineer. In Napa County I review, approve, and then record the Certificate and indicate on the document that it is exempt from recording fees per GC 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; therefore it is also exempt from SB2 fees.

[mpallamary]

Good to know! Many thanks! Let me see if that works! Is there any consensus among county surveyors?

[mpallamary]

I was explaining to my wife, a simple typographical error or a lead and disc, instead of a pipe, set 30 years ago subsidizes housing for other people. Something is wrong here.
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The fee for recording the Certificate of Correction is $14 for the 1st page, $3 for each additional page, plus the $75 SB2 Atkins Fee.
If there are multiple Assessor Parcel Numbers (APNs) listed on the document, we charge an additional $75 SB2 Atkins Fee per APN up to the $225 maximum.

Thank you,

David E. Gonzalez
Assistant Division Chief
Assessor/Recorder/County Clerk
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[mpallamary]

Danielle! Many thanks! It appears as if this is at the discretion of the County Surveyor/City Engineer.
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Hello Mr. Pallamary,
Thank you for bringing this to my attention. You are correct, we would exempt the Certificate of Correction signed/executed by a political subdivision of the State from the SB2 Atkins Fee. This would include the County Surveyor.

We would still charge the regular recording fee when this document is not being recorded for the benefit of the County Surveyor or other political subdivision of the State.

Thank you,

David E. Gonzalez
Assistant Division Chief
Assessor/Recorder/County Clerk
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