71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
Enrolled
House Bill 3239
Sponsored by Representative WILLIAMS (at the request of Oregon
Association of County Clerks)
CHAPTER ................
AN ACT
Relating to plats recorded with county clerks; amending ORS
92.070, 92.170, 100.115, 227.120 and 271.230.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 92.070 is amended to read:
92.070. (1) Except as otherwise provided in this section, all
subdivision or partition plats designating the location of land
in any county in the State of Oregon, offered for record, shall
include on the face of the plat a surveyor's certificate together
with the seal and signature of the surveyor having surveyed the
land represented on the plat, to the effect that the surveyor has
correctly surveyed and marked with proper monuments the lands as
represented, and has placed a proper monument as provided in ORS
92.060 indicating the initial point of the plat and its location
in accordance with ORS 92.060 (1) and accurately describing by
metes or bounds, or other description as approved by the county
surveyor, the tract of land upon which the lots and blocks or
parcels are laid out. If the plat is a partition plat which
contains parcels not surveyed, the surveyor's certificate shall
so indicate.
(2) If the person subdividing any land has complied with ORS
92.065 (1), the surveyor may prepare the plat of the subdivision
for recording with only the exterior monuments referenced on the
subdivision plat as submitted for recording. The subdivision plat
shall include a certification of the surveyor that the remaining
corners for the subdivision will be monumented on or before a
specified date in accordance with ORS 92.060, noting those
monuments to be set on or before said specified date on the
subdivision plat as approved by the city or county.
(3) After the remaining corners for a subdivision have been
monumented as provided in the certificate submitted under
subsection (2) of this section, the surveyor performing the work
shall:
(a) Within five days after completion of the work, notify the
person subdividing the land involved and the surveyor of the city
or county by which the subdivision was approved; and
(b) Upon approval of the work under ORS 92.100 by the county
surveyor, submit an affidavit for recording stating that the
subdivision plat has been correctly surveyed and marked with
proper monuments at the remaining corners of the subdivisions as
noted on the original subdivision plat. Any monument that cannot
be set shall be separately noted and a reference monument shall
Enrolled House Bill 3239 (HB 3239-INTRO) Page 1
be set. The affidavit shall be approved by the county surveyor
before recording. The surveyor who prepared the affidavit shall
cause the affidavit to be recorded in the office of the county
recorder where the subdivision plat is recorded. The county clerk
shall promptly provide a recorded copy of the affidavit to the
county surveyor. The county surveyor shall note the monuments set
and the recorder's information on the { - original - }
{ + county surveyor's copy of the + } subdivision { + plat + }
and any exact copies filed in accordance with ORS 92.120
(3). { + The original plat may not be corrected or changed after
it is recorded with the county clerk. + }
(4) The county surveyor approving the work pursuant to
subsection (3) of this section shall reference the approval upon
the subdivision plat and tracings previously recorded. A city
surveyor approving the work under ORS 92.100 (1) shall reference
that surveyor's approval on the affidavit required under this
section prior to approval by the county surveyor.
(5) Notwithstanding ORS 209.250, the surveyor who prepared the
subdivision or partition plat may reestablish plat monuments
within two years of plat recordation without filing a map of the
survey as required under ORS 209.250. The surveyor reestablishing
any plat monuments shall prepare an affidavit stating that the
reestablished corners of the subdivision or partition plat have
been correctly surveyed and marked with proper monuments as
required under ORS 92.060. The affidavit shall be approved by the
county surveyor prior to recordation of the affidavit with the
county clerk. The surveyor who prepared the affidavit shall file
the affidavit with the county clerk for the county where the
subdivision or partition plat is recorded. The county clerk shall
promptly provide a certified copy of the recorded affidavit to
the surveyor. The county surveyor shall indicate the
reestablished monuments on the { - original - } { + county
surveyor's copy of the + } plat of the subdivision or partition
and any copies of the plat filed under ORS 92.120 (3). { + The
original plat may not be corrected or changed after it is
recorded with the county clerk. + } The county shall charge a fee
for recording the affidavit in the county clerk's office and the
county surveyor's office. The fee shall be established by the
governing body of the county and shall be paid to the county
surveyor.
SECTION 2. ORS 92.170 is amended to read:
92.170. (1) Any plat of a subdivision or partition filed and
recorded under the provisions of ORS 92.018 to 92.190 may be
amended by an affidavit of correction:
(a) To show any courses or distances omitted from the
subdivision or partition plat;
(b) To correct an error in any courses or distances shown on
the subdivision or partition plat;
(c) To correct an error in the description of the real property
shown on the subdivision or partition plat; or
(d) To correct any other errors or omissions where the error or
omission is ascertainable from the data shown on the final
subdivision or partition plat as recorded.
(2) Nothing in this section shall be construed to permit
changes in courses or distances for the purpose of redesigning
lot or parcel configurations.
(3) The affidavit of correction shall be prepared by the
registered professional land surveyor who filed the plat of the
subdivision or partition. In the event of the death, disability
or retirement from practice of the surveyor who filed the
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subdivision or partition plat, the county surveyor may prepare
the affidavit of correction. The affidavit shall set forth in
detail the corrections made and show the names of the present fee
owners of the property materially affected by the correction. The
seal and signature of the registered professional land surveyor
making the correction shall be affixed to the affidavit of
correction.
(4) The county surveyor shall certify that the affidavit of
correction has been examined and that the changes shown on the
certificate are permitted under this section.
(5) The surveyor who prepared the affidavit of correction shall
cause the affidavit to be recorded in the office of the county
recorder where the subdivision or partition plat is recorded. The
county clerk shall return the recorded copy of the affidavit to
the county surveyor. The county surveyor shall note the
correction and the recorder's filing information, with permanent
ink, upon any true and exact copies filed in accordance with ORS
92.120 (3). The corrections and filing information shall be
marked in such a manner so as not to obliterate any portion of
the subdivision or partition plats.
(6) For recording the affidavit in the county deed records, the
county clerk shall collect a fee { - set by the county
governing body - } { + as provided in ORS 205.320 + }. The
county clerk shall also collect a fee set by the county governing
body to be paid to the county surveyor for services provided
under this section. Corrections or changes shall not be allowed
on the original plat once it is recorded with the county clerk.
SECTION 3. ORS 100.115 is amended to read:
100.115. (1) When a declaration is made and approved as
required, it shall, upon the payment of the fees provided by law,
be recorded by the recording officer. The fact of recording and
the date thereof shall be entered thereon. At the time of
recording a declaration, the person offering it for record shall
also file an exact copy, certified by the recording officer to be
a true copy thereof, with the county assessor.
(2) A plat of the land described in the declaration, complying
with ORS 92.050, 92.060 (1) and (2), 92.080 and 92.120, shall be
recorded simultaneously with the declaration. Upon request, the
person offering the plat for recording shall also file an exact
copy, certified by the surveyor who made the plat to be an exact
copy of the plat, with the county assessor and the county
surveyor. The exact copy shall be made on a suitable drafting
material having the characteristics of strength, stability and
transparency required by the county surveyor. The plat shall:
(a) Show the location of:
(A) All buildings and public roads. The location shall be
referenced to a point on the boundary of the property; and
(B) For a condominium containing units described in ORS 100.020
(3)(b)(C) or (D), the moorage space or floating structure. The
location shall be referenced to a point on the boundary of the
upland property regardless of a change in the location resulting
from a fluctuation in the water level or flow.
(b) Show the designation, location, dimensions and area in
square feet of each unit including:
(A) For units in a building described in ORS 100.020 (3)(b)(A),
the horizontal and vertical boundaries of each unit and the
common elements to which each unit has access. The vertical
boundaries shall be referenced to a known benchmark elevation or
other reference point as approved by the city or county surveyor;
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(B) For a space described in ORS 100.020 (3)(b)(B), the
horizontal boundaries of each unit and the common elements to
which each unit has access. If the space is located within a
structure, the vertical boundaries also shall be shown and
referenced to a known benchmark elevation or other reference
point as approved by the city or county surveyor;
(C) For a moorage space described in ORS 100.020 (3)(b)(C), the
horizontal boundaries of each unit and the common elements to
which each unit has access; and
(D) For a floating structure described in ORS 100.020
(3)(b)(D), the horizontal and vertical boundaries of each unit
and the common elements to which each unit has access. The
vertical boundaries shall be referenced to an assumed elevation
of an identified point on the floating structure even though the
assumed elevation may change with the fluctuation of the water
level where the floating structure is moored.
(c) Identify and show, to the extent feasible, the location,
dimensions and area in square feet of all limited common elements
described in the declaration. The plat shall not include any
statement indicating to which unit the use of any noncontiguous
limited common element is reserved.
(d) Include a statement, including signature and official seal,
of a registered architect, registered professional land surveyor
or registered professional engineer certifying that the plat
fully and accurately depicts the boundaries of the units of the
building and that construction of the units and buildings as
depicted on the plat has been completed, except that the
professional land surveyor who prepared the plat need not affix a
seal to the statement.
(e) Include a surveyor's certificate, complying with ORS
92.070.
(f) Include a statement by the declarant that the property and
improvements described and depicted on the plat are subject to
the provisions of ORS 100.005 to 100.625.
(g) Include such signatures of approval as may be required by
local ordinance or regulation.
(h) Include any other information or data not inconsistent with
the declaration that the declarant desires to include.
(i) If the condominium is a flexible condominium, also:
(A) Show the location and dimensions of all variable property
described in the declaration and label all such property as '
VARIABLE PROPERTY.' If there is more than one parcel, label each
parcel with letters or numbers different from those designating
any unit, building or other parcel of variable property.
(B) If any of the variable property is nonwithdrawable, also
show the location and dimensions of all nonwithdrawable variable
property and label all such property as 'NONWITHDRAWABLE
PROPERTY.' If there is more than one parcel, label each parcel
with letters or numbers different from those designating any
unit, building, parcel or variable property or other parcel of '
nonwithdrawable variable property. '
(3) The supplemental plat required under ORS 100.150 (1) shall
be recorded simultaneously with the supplemental declaration.
Upon request, the person offering the supplemental plat for
recording shall also file an exact copy, certified by the
surveyor who made the plat to be an exact copy of the plat, with
the county assessor and the county surveyor. The exact copy shall
be made on a suitable drafting material having the
characteristics of strength, stability and transparency required
by the county surveyor. The supplemental plat shall:
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(a) Comply with ORS 92.050, 92.060 (1), (2) and (4), 92.080,
92.120 and subsection (4) of this section.
(b) If any property is withdrawn:
(A) Show the resulting perimeter boundaries of the condominium
after the withdrawal; and
(B) Show the information required under subsection (2)(i) of
this section as it relates to any remaining variable property.
(c) If any property is reclassified, show the information
required under subsection (2)(a) to (d) of this section.
(d) Include a 'Declarant's Statement' that the property
described on the supplemental plat is reclassified or withdrawn
from the condominium and that the condominium exists as described
and depicted on the plat.
(e) Include a surveyor's affidavit complying with ORS 92.070.
(4) Before a plat or a supplemental plat may be recorded, it
must be approved by the city or county surveyor as provided in
ORS 92.100. Before approving the plat as required by this
section, the city or county surveyor shall check the boundaries
of the plat and units and shall take such measurements and make
such computations as are necessary to determine that the plat
complies with this section. For performing that service, the city
surveyor or county surveyor shall collect from the person
offering the plat for approval a fee of $150 plus $25 per
building. The governing body of a city or county may establish a
higher fee by resolution or order.
(5)(a) Whenever variable property is reclassified or withdrawn
as provided in ORS 100.155 (1) or (2) or property is removed as
provided in ORS 100.600 (2), the county surveyor shall, upon
{ + the county surveyor's copy of + } all previously recorded
plats relating to the variable property or property being removed
and upon any copy thereof certified by the county clerk, trace,
shade or make other appropriate marks or notations, including the
date and the surveyor's name or initials, with archival quality
black ink in such manner as to denote the reclassification,
withdrawal or removal. The recording index numbers and date of
recording of the supplemental declaration and plat or amendment
and amended plat shall also be referenced on { + the copy of + }
each plat. { + The original plat may not be corrected or changed
after it is recorded with the county clerk. + }
(b) For performing the activities described in this subsection,
the county clerk shall collect a fee set by the county governing
body. The county clerk shall also collect a fee set by the county
governing body to be paid to the county surveyor for services
provided under this section.
(6) In addition to the provisions of subsection (7) of this
section, a plat, including any floor plans that are a part of the
plat, may be amended as provided in this subsection.
(a)(A) Except as otherwise provided in ORS 100.600, a change to
the boundary of the property, a unit or a limited common element
or a change to the configuration of other information required to
be graphically depicted on the plat shall be made by a plat
entitled 'Plat Amendment' that shall reference in the title of
the amendment the recording information of the original plat and
any previous plat amendments.
(B) The plat amendment shall comply with ORS 92.050, 92.060
(1), (2) and (4), 92.080 and 92.120 and shall include:
(i) A graphic depiction of the change.
(ii) For a change to the boundary of the property, a surveyor's
certificate, complying with ORS 92.070.
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(iii) For a change to a boundary of a unit or a limited common
element or a change to other information required to be
graphically depicted, the statement of a registered architect,
registered professional land surveyor or registered professional
engineer described in subsection (2)(d) of this section.
(iv) A declaration by the chairperson and secretary on behalf
of the association of unit owners that the plat is being amended
pursuant to this subsection. Such declaration shall be executed
and acknowledged in the manner provided for acknowledgement of
deeds.
(C) The plat amendment shall be accompanied by an amendment to
the declaration authorizing such plat amendment. The declaration
amendment shall be executed, approved and recorded in accordance
with ORS 100.110 and 100.135.
(D) Before a plat amendment may be recorded, it must be
approved by the city or county surveyor as provided in ORS
92.100. The surveyor shall approve the plat amendment if it
complies with the requirements of this subsection.
(E) Upon request, the person offering the plat amendment for
recording shall also file an exact copy, certified by the
surveyor who made the plat to be an exact copy of the plat
amendment, with the county assessor and the county surveyor. The
exact copy shall be made on suitable drafting material having the
strength, stability and transparency required by the county
surveyor.
(b)(A) A change to a restriction or other information not
required to be graphically depicted on the plat may be made by
amendment of the declaration without a plat amendment described
in paragraph (a) of this subsection. An amendment under this
paragraph shall include:
(i) A reference to recording index numbers and date of
recording of the declaration, plat and any applicable
supplemental declarations, amendments, supplemental plats or plat
amendments.
(ii) A description of the change to the plat.
(iii) A statement that the amendment was approved in accordance
with the declaration and ORS 110.135.
(B) The amendment shall be executed, approved and recorded in
accordance with ORS 100.110 and 100.135.
(C) Before the amendment may be recorded, it must be approved
by the city or county surveyor as provided in ORS 92.100. The
surveyor shall approve the amendment if it complies with this
subsection. Such approval shall be evidenced by execution of the
amendment or by written approval attached thereto.
(c)(A) Floor plans of a condominium for which a plat was not
required at the time of creation may be amended by an amendment
to the declaration. An amendment under this paragraph shall
include:
(i) A reference to recording index numbers and date of
recording of the declaration and any applicable supplemental
declarations or amendments.
(ii) A description of the change to the floor plans.
(iii) A graphic depiction of any change to the boundaries of a
unit or common element and a statement by a registered architect,
registered professional land surveyor or registered professional
engineer certifying that such graphic depiction fully and
accurately depicts the boundaries of the unit or common element
as it currently exists.
(B) The amendment shall be approved and recorded in accordance
with ORS 100.110 and 100.135 except that any change to the floor
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plans need only comply with the requirements of the unit
ownership laws in effect at the time the floor plans were
initially recorded.
(d) After recording of any declaration amendment or plat
amendment pursuant to this subsection, the county surveyor shall,
upon { + the county surveyor's copy of + } all previously
recorded plats relating to the condominium and any copies filed
under ORS 92.120 (3), make such appropriate marks or notations,
including the date and the surveyor's name or initials, with
archival quality black ink in such manner as to denote the
changes. The recording index numbers and date of recording of the
declaration amendment and any plat amendment shall also be
referenced on { + the copy of + } each plat. For performing the
services described in this subsection, the county surveyor shall
collect from the person offering the plat amendment or
declaration amendment for approval a fee established by the
county governing body. { + The original plat may not be
corrected or changed after it is recorded with the county
clerk. + }
(7) The following may be amended by an affidavit of correction
in accordance with ORS 92.170:
(a) A plat, whenever recorded.
(b) Floor plans recorded prior to October 15, 1983.
SECTION 4. ORS 227.120 is amended to read:
227.120. Within six miles of the limits of any city, the
commission, if there is one, or if no such commission legally
exists, then the city engineer, shall recommend to the city
council the renaming of any existing street, highway or road,
other than a county road or state highway, if in the judgment of
the commission, or if no such commission legally exists, then in
the judgment of the city engineer, such renaming is in the best
interest of the city and the six mile area. Upon receiving such
recommendation the council shall afford persons particularly
interested, and the general public, an opportunity to be heard,
at a time and place to be specified in a notice of hearing
published in a newspaper of general circulation within the
municipality and the six mile area not less than once within the
week prior to the week within which the hearing is to be held.
After such opportunity for hearing has been afforded, the city
council by ordinance shall rename the street or highway in
accordance with the recommendation or by resolution shall reject
the recommendation. A certified copy of each such ordinance shall
be filed for record with the county clerk or recorder, and a like
copy shall be filed with the county assessor and county surveyor.
The county surveyor shall enter the new names of such streets and
roads in red ink on { + the county surveyor's copy of + } any
filed plat and tracing thereof which may be affected, together
with appropriate notations concerning the same. { + The original
plat may not be corrected or changed after it is recorded with
the county clerk. + }
SECTION 5. ORS 271.230 is amended to read:
271.230. (1) If any town or plat of any city or town is vacated
by a county court or municipal authority of any city or town, the
vacation order or ordinance shall be recorded in the deed records
of the county. Whenever a vacation order or ordinance is so
recorded, the county surveyor of such county shall, upon a copy
of the plat that is certified by the county clerk, trace or shade
with permanent ink in such manner as to denote that portion so
vacated, and shall make the notation 'Vacated' upon such copy of
the plat, giving the book and page of the deed record in which
Enrolled House Bill 3239 (HB 3239-INTRO) Page 7
the order or ordinance is recorded. Corrections or changes shall
not be allowed on the original plat once it is recorded with the
county clerk.
(2) For recording in the county deed records, the county clerk
shall collect the same fee as for recording a deed. For the
services of the county surveyor for marking the record upon the
{ - original - } { + copy of the + } plat, the county clerk
shall collect a fee as set by ordinance of the county governing
body to be paid by the county clerk to the county surveyor.
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Passed by House April 17, 2001
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate May 2, 2001
...........................................................
President of Senate
Enrolled House Bill 3239 (HB 3239-INTRO) Page 8
Received by Governor:
......M.,............., 2001
Approved:
......M.,............., 2001
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2001
...........................................................
Secretary of State
Enrolled House Bill 3239 (HB 3239-INTRO) Page 9