By what divine authority does A County Recorder think they have the right to receive a Record of Survey and not record it? Yes, the plat meets all of the requirements of ARS 11-481. So why won't they record it; well it HAS to be reviewed by Community Development. So today Community Development calls me today to inform me that since my survey falls within the corporate limits of A City; the survey has to be reveiwed by them first. WHAAAAAAAAAAAAAAAAAAAAAAAAAAAAAT!!!!!!!!!!!!!!!!!!!!!!!!!!
I want to be absolutely clear. The county recorder; any county recorder is by statute required to accept any document for recording:
11-461. Recording instruments; keeping records; identification; location; social security numbers; definition
A. The recorder shall have custody of and shall keep all records, maps and papers deposited in the recorder's office.
B. The recorder shall record separately, in typewriting, in a legible hand or by use of photostatic or photographic machines or by a system of microphotography, all instruments or writings required or authorized by law to be recorded. In a like manner, the recorder shall record any other instrument offered for recording provided the instruments meet the requirements of section 11-480.
11-480. Requirements for form of instruments
A. Only an instrument which upon presentation to a county recorder for recordation fails to meet any of the following conditions may be rejected for recordation at the time of presentation for recordation:
1. Each instrument shall have a caption briefly stating the nature of the instrument, such as warranty deed, release of mortgage and like captions. The county recorder shall have no obligation to index any instrument under any subject index category maintained by the county recorder unless that category is included in the caption to the instrument.
2. Each instrument shall be an original or a copy of the original and shall be sufficiently legible for the recorder to make certified copies from the photographic or micrographic record.
3. Each instrument shall have original signatures except when otherwise provided by law.
4. Each instrument dated and executed on or after January 1, 1991, shall be no larger than eight and one-half inches in width and no longer than fourteen inches and shall have a print size no smaller than ten point type.
B. Each instrument dated and executed on or after January 1, 1991, shall have at least a one-half inch margin across the top, bottom and the left and right sides from the top to the bottom. Any markings, entries or text which are within the one-half inch margin shall be deemed not to impart the notice otherwise imparted by recordation unless such markings, entries or text appear in the reproduction produced under the direction and control of the county recorder. Failure to meet the one-half inch margin requirement of this subsection may affect notice imparted by the document but shall not constitute grounds for rejection for recordation pursuant to subsection A.
C. The first page shall have a top margin of at least two inches which shall be reserved for recording information. The left three and one-half inches of the top margin of the first page or sheet may be used by the public to show the name of the person requesting recording and the name and address to which the document is to be returned following recording. If the first page of the instrument does not comply with the top margin requirements, a separate sheet that meets the requirements and that reflects the title of the document as required by subsection A, paragraph 1 shall be attached to the front of the document by the party requesting recording.
D. Any instrument presented to a county recorder for recordation which modifies in any way the provisions of a previously recorded document must state the date of recordation and the docket and page of the document being modified.
E. Any instrument accepted for recordation is not subject to a later claim of invalidity for failure to comply with the requirements of this section.
11-481. Title and size prerequisites for recording maps and plats; recording fee; exception
A. All maps or plats presented for recording shall have a title that at least indicates the type of map or plat, the name of the subdivision or a description of the location of the area by section, township and range, the name of the owner of record of the area being surveyed and a place for the recorder's information and seal block on the sheet.
B. Any map or plat offered for recording that exceeds a size of eight and one-half by fourteen inches shall be the original map legibly drawn on polyester or a copy reproduced on polyester by a photographic silver imaging process or other method that assures archival quality and is subject to the following restrictions:
1. A map or plat of a subdivision shall be on a sheet or sheets measuring twenty-four by thirty-six inches, including a left margin of two inches and be drawn to an accurate scale in at least eleven point type.
2. All other maps or plats shall be on a sheet or sheets measuring eighteen by twenty-four inches or twenty-four by thirty-six inches, including a left margin of two inches and drawn to an accurate scale in at least eleven point type.
C. The fee for recording any map or plat sheet exceeding eight and one-half by fourteen inches shall be twenty dollars and shall be exclusive of the fees for recording any documents to which the map or plat is attached or by which it is accompanied.
D. The fee for recording any map or plat sheet exceeding eight and one-half by fourteen inches when recorded at the request of the United States, this state or a political subdivision of this state is ten dollars and is exclusive of the fees for recording any documents to which the map or plat is attached or by which it is accompanied.
E. The requirements of this section do not apply to any map required to be recorded by the director of water resources under title 45, chapter 2.
SO CAN ANYONE DIRECT ME TO THE PARAGRAPH THAT SAYS COMMUNITY DEVELOPMENT FROM EITHER A CITY OR COUNTY HAS A LEGAL RIGHT TO REFUSE RECORDING MY PLAT. I DAMN SURE CAN'T FIND IT.....
When asked for an explanation the recorder's office was they wanted to stop illegal land splits. OK; surveys don't create land splits; recording DEEDS does. So are these people also having deeds reviewed to insure that a deeds isn't splitting land illegally? NO.....
This policy by government agencies are prejudicial and cause an undo expense on our clients and ourselves. Enforcement on the Surveying community is not the answer to this problem. This has got to stop. Yesterday....
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