Chapter 710 Oregon Laws 1999

Session Law

AN ACT

HB 2774

Relating to recordation of plats; creating new provisions; and amending ORS 92.080, 92.120, 92.140, 92.170, 100.115, 100.600, 205.130, 205.190, 209.250 and 271.230.

Be It Enacted by the People of the State of Oregon:

SECTION 1. (1) Notwithstanding any requirement that a plat be recorded in a specific physical form, a county clerk may accept a plat for recordation in digital data format if the data:

(a) Is in a digital format that conforms to the county geographic information system, which allows a computer system to assemble, store, manipulate and display geographically referenced information;

(b) Contains all the information otherwise required for recording a plat; and

(c) Includes a digital signature.

(2) A county clerk may accept a plat for recordation that is both in digital and conventional format if the digital portion conforms with subsection (1) of this section and the conventional portion conforms with all other physical form and content recordation requirements for plats.

SECTION 2. Section 1 of this 1999 Act is repealed on December 31, 2001.

SECTION 3. ORS 92.080 is amended to read:

92.080. Notwithstanding ORS 205.232 and 205.234, all plats subdividing or partitioning any land in any county in this state, and dedications of streets or roads or public parks and squares and other writings made a part of such subdivision or partition plats offered for record in any county in this state shall be made [using archival quality black ink or silver halide permanent photocopy, upon archival quality drafting] on material that is 18 inches by 24 inches in size with an additional three-inch binding edge on the left side when required by the county clerk or the county surveyor, that is suitable for binding and copying purposes, and that has such characteristics of strength and permanency as may be required by the county clerk and county surveyor. All signatures on the original subdivision or partition plat shall be in archival quality black ink. The subdivision or partition plat shall be of such a scale as required by the county surveyor. The lettering of the approvals, the declaration, the surveyor's certificate, and all other information shall be of such a size or type as will be clearly legible, but no part shall come nearer any edge of the sheet than one inch. The subdivision or partition plat may be placed on as many sheets as necessary, but a face sheet and an index page shall be included for subdivision or partition plats placed upon three or more sheets.

SECTION 4. ORS 92.120 is amended to read:

92.120. (1) The plat of a subdivision described in ORS 92.050 when made and approved as required, and offered for record in the records of the county where the described land is situated, shall, upon the payment of the fees provided by law, be [filed] recorded by the county recording officer. The fact of [filing] recording and the date thereof shall be entered thereon, and it shall then be [securely bound with other subdivision plats of like character in a book especially prepared for that purpose and designated as "Record of Town Plats," or filed in a special cabinet for that purpose so as to ensure safekeeping and preservation of the subdivision plat] indexed in the deed records by owner name and subdivision.

(2) The partition plat described in ORS 92.050, when made and approved as required and offered for record in the records of the county where the described land is situated, shall, upon the payment of the fees provided by law, be [filed] recorded by the county recording officer. The fact of [filing] recording and the date thereof shall be entered thereon, and it shall then be [securely filed with other partition plats of like character and designated as "Record of Partition Plats."] indexed by owner name and plat type or plat name. Partition plats shall be numbered by year and sequentially and be recorded in deed records.

(3) At the time of [filing] recording such subdivision plat or partition plat, the person offering it for [filing] recording shall also file with the county surveyor and with the county recording officer, if requested by the county recording officer, an exact copy thereof, made [with archival quality black ink or silver halide permanent photocopy upon] on material that has such characteristics of strength and permanency as may be required by the county surveyor. The surveyor who made the subdivision or partition plat shall certify that the photocopy or tracing is an exact copy of the subdivision or partition plat. The copy filed with the county recording officer shall be certified by that officer to be an exact copy [and then shall be filed in the archives of the county, and be preserved by filing without folding or cutting]. The subdivider shall provide without cost the number of prints from such copy as may be required by the governing body of the county.

(4) For the purpose of preserving the [original] record of subdivision or town plats or partition plats, any such plats may be microfilmed or stored for safekeeping without folding or cutting [and a copy of the original subdivision or partition plat certified by the county recording officer may be used as the official subdivision or partition plat for public use]. All such records shall be created and stored in accordance with all applicable rules and regulations and in such a manner as to ensure the permanent preservation of the record.

SECTION 5. ORS 92.140 is amended to read:

92.140. [The records entitled "Record of Town Plats" shall be provided in the front part with indices, in which shall be entered in alphabetical order, all subdivision plats recorded therein] All subdivision and partition plats shall be indexed in the recording indices of the county. The declarations to such [subdivision] plats shall also be indexed in the indices of Records of Deeds for the county. When the subdivision and partition plats are so [filed, bound] recorded and indexed they shall be the legal record of all subdivision and partition plats.

SECTION 6. 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;

(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 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 [promptly provide a] 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 the original subdivision or partition plat and] 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. 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 7. 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 [in archival quality black ink or silver halide permanent photocopy upon] 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, public roads and other permanent structural improvements. 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 and dimensions 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;

(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 and dimensions of all limited common elements described in the declaration. The plat shall not include any statement indicating to which unit the use of any limited common element is reserved.

(d) Include a statement 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.

(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 [in archival quality black ink or silver halide permanent photocopy upon] on a suitable drafting material having the characteristics of strength, stability and transparency required by the county surveyor. The supplemental plat shall:

(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.

(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 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 each plat.

(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.

(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 [in archival quality black ink or silver halide permanent photocopy upon] 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 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 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 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.

(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 8. ORS 100.600 is amended to read:

100.600. (1)(a) Subject to ORS 100.605, the condominium may be terminated if all of the unit owners remove the property from the provisions of this chapter by executing and recording an instrument to that effect and the holders of all liens affecting the units consent thereto or agree, in either case by instruments duly recorded, that their liens be transferred to the undivided interest of the unit owner in the property after the termination. The instrument shall state the interest of each unit owner and lienholder as determined under ORS 100.610.

(b) The recording of an instrument of termination shall vacate the plat but shall not vacate or terminate any recorded covenants, restrictions, easements or other interests not imposed under the declaration or bylaws or any easement granted by the plat unless the instrument of termination otherwise provides.

(c) Before the instrument of termination may be recorded, it must be signed by the county assessor for the purpose of acknowledging that the county assessor has been notified of the proposed termination.

(d) The person offering the instrument of termination for recording shall cause a copy of the recorded instrument, including the recording information, to be filed with the commissioner. The county clerk shall promptly provide a certified copy of the recorded instrument of termination to the county assessor and the county surveyor. Upon receipt of the instrument of termination, the county surveyor shall make appropriate annotations, including the date and surveyor's name or initials, with archival quality black ink on the surveyor's copy of the plat and any copies filed under ORS 92.120. Corrections or changes shall not be allowed on the original plat once it is recorded with the county clerk.

(e) Failure to file the copies as required under paragraph (d) of this subsection shall not invalidate the termination.

(2) A portion of the property may be removed from the provisions of this chapter by recording simultaneously with the recording officer an amendment to the declaration and an amended plat approved as required under ORS 100.110, 100.115 and 100.135. The amendment to the declaration shall:

(a) Include a metes and bounds legal description of the property being removed;

(b) Include a metes and bounds legal description of the resulting boundaries of the condominium after the removal;

(d) State the interest of each unit owner and lienholder in the condominium after the removal;

(e) Be approved and executed by all owners and lienholders and acknowledged in the manner provided for acknowledgment of deeds; and

(f) A statement by the local governing body or appropriate department thereof that the removal will not violate any applicable planning or zoning regulation or ordinance. The statement may be attached as an exhibit to the amendment.

(3) The amended plat required under subsection (2) of this section shall:

(a) Comply with ORS 100.115 (6);

(b) Include a "Statement of Removal" that the property described on the amended plat is removed from the condominium and that the condominium exists as described and depicted on the amended plat. Such statement shall be made by the chairperson and secretary of the association and acknowledged in the manner provided for acknowledgment of deeds; and

(4) The tax collector for any taxing unit having a lien for taxes or assessments shall have authority to consent to such a transfer of any tax or assessment lien under subsection (1) of this section or the removal of a portion of the property under subsection (2) of this section.

SECTION 9. ORS 205.130 is amended to read:

205.130. The county clerk shall:

(1) Have the custody of, and safely keep and preserve all files and records of deeds and mortgages of real property, and a record of all maps, plats, contracts, powers of attorney and other interests affecting the title to real property required or permitted by law to be recorded.

(2) Record, or cause to be recorded, in a legible and permanent manner, and keep in the office of the county clerk, all:

(a) Deeds and mortgages of real property, powers of attorney and contracts affecting the title to real property, authorized by law to be recorded, assignments thereof and of any interest therein when properly acknowledged or proved and other interests affecting the title to real property required or permitted by law to be recorded;

(b) Certificates of sale of real property under execution or order of court, or assignments thereof or of any interest therein when properly acknowledged or proved; and

(c) Certified copies of death certificates of any person appearing in the county records as owning or having a claim or interest in land in the county. A death certificate recorded in the deed records of a county pursuant to this section is not subject to the disclosure limitations under ORS 432.121.

(3) Keep and maintain:

(a) Deed and mortgage records;

(b) Statutory lien records; [and]

(A) The warrants and orders of officers and agencies [as provided by law] that are required or permitted by law to be recorded; and

(B) All instruments presented for recordation when required or permitted to be recorded and that [which] affect the title to or an interest in real property, other than instruments recorded in the deed and mortgage records or the statutory lien records[.];

(d) Releases, satisfactions, assignments, amendments and modifications of recorded instruments; and

(e) Other instruments required or permitted by law to be recorded not affecting interests in real property.

(4) Perform all the duties in regard to the [filing,] recording and indexing of deeds and mortgages of real property, contracts, abstracts of judgments, notices of pendency, powers of attorney and other interests [provided by law affecting] when required or permitted by law to be recorded that affect the title of real property, and in regard to the entry of satisfaction and discharge of the same, together with other documents [authorized] required or permitted by law to be recorded.

(5) Incur no civil or criminal liability, either personally or in an official capacity, for recording an instrument that does not comply with the provisions of law that require or allow the recording of the instrument.

SECTION 10. ORS 205.190 is amended to read:

205.190. Each county clerk shall [keep a large, well-bound book, in which shall be platted] maintain a record of all maps [executed prior to May 22, 1909,] of towns, villages, or additions to the same, or cemeteries, within the county, together with any description, acknowledgment or other writing therein. The county clerk shall create and store the maps in accordance with archival standards for the preservation of the record. The clerk shall keep an index [to such books of plats, which index] that may be part of the deed index and shall contain the name of the town, village, addition or cemetery plat. The clerk shall not be bound to perform any duty required by ORS 205.130, 205.160, 205.180 and this section for which a fee is allowed, unless such fee has been paid or tendered, but when any such map has, prior to May 29, 1919, been incorrectly recorded in the plat records or deed records of the county, and such plat so incorrectly recorded is again presented by anyone to the clerk for record, the clerk shall correctly record such map in the [book] record of plats without charge therefor, and shall make notation [on the margin of the original record of the map in the book of plats,] in the index of the fact of such re-recording, giving the book and page or instrument number where the re-recording appears. The record of the original map so re-recorded, as well as the record of all maps recorded under this section, as well as all original maps or plats recorded prior to May 29, 1919, [in the book of plats or deed records,] shall be safely kept [by] in the office of the clerk [in a suitable receptacle (having due regard to the aged, frail or worn condition of such maps) to be provided by the county]. The clerk shall not refuse to comply with this section by reason of the fact that some portion of the lands so platted were brought under any statute of this state relating to the registration of land titles.

SECTION 11. ORS 209.250 is amended to read:

209.250. (1) Any registered professional land surveyor making a survey of lands within this state wherein the surveyor establishes or reestablishes a boundary monument shall, within 45 days thereafter, submit for filing a map of the survey to the county surveyor for review. When filed, the map shall be a permanent public record in the office of the county surveyor. In establishing or reestablishing a public land survey corner, the surveyor shall comply with ORS 209.070 (4), 209.130 and 209.200.

(2) Such map shall have a written narrative that may be on the face of the map. If the narrative is a separate document, the map and narrative shall be referenced to each other. The map and narrative shall be made [with archival quality black ink or silver halide permanent photocopy on archival quality] on a suitable drafting material in such size as may be required by the county surveyor. The lettering on the map and narrative shall be of such size and clarity as to be clearly reproduced. The narrative shall explain the purpose of the survey and how the boundary lines or other lines were established or reestablished and shall state which deed records, deed elements, survey records, found survey monuments, plat records, road records or any other pertinent data were controlling when establishing or reestablishing the lines. If the narrative is a separate document, it shall also contain the following:

(a) Location of survey by one-fourth section, Township and Range.

(b) The date of survey.

(d) The surveyor's business name and address.

(3) Such map shall show the following:

(a) Location of survey by one-fourth section, Township and Range.

(b) The date of survey.

(d) The distance and course of all lines traced or established, giving the basis of bearing and the measured distance and course to a monumented section corner, one-quarter corner, one-sixteenth corner or Donation Land Claim corner in Township and Range, or to a monumented lot or parcel corner or boundary corner of a recorded subdivision, partition or condominium.

(e) All measured bearings, angles and distances that are used as a basis for establishing or reestablishing lines or monuments separately indicated from those of record together with the recording reference. Metric measurements may be used if a conversion to feet is provided.

(f) All monuments set and their relation to older monuments found. A detailed description of monuments found and set shall be included and all monuments set shall be separately indicated from those found.

(g) The surveyor's seal and original signature.

(h) The surveyor's business name and address.

(4)(a) Within 30 days of receiving a map under this section, the county surveyor shall review the map to determine if it complies with subsections (1), (2) and (3) of this section and any applicable local ordinances. A map shall be indexed by the county surveyor within 30 days following a determination that the map is in compliance with this section. Any survey prepared by the county surveyor in an official or private capacity shall comply with subsections (1), (2) and (3) of this section.

(b) Any survey map found not to be in compliance with subsection (1), (2) or (3) of this section shall be returned within 30 days of receipt for correction to the surveyor who prepared the map. The surveyor shall return the corrected survey map to the county surveyor within 30 days of receipt of the survey map from the county surveyor.

(c) Any map that is not corrected within the specified time period shall be forwarded to the State Board of Examiners for Engineering and Land Surveying for action, as provided in subsection (11) of this section.

(d) No action may be maintained against the county surveyor for recording a survey map that does not comply with this section.

(e) No action may be maintained against the county surveyor for refusal to file a survey map that does not comply with this section.

(5) When a survey within this state is funded entirely or in part by public funds, if the survey results in the establishment or reestablishment of horizontal or vertical positions for mapping control or geodetic control, the registered professional land surveyor performing the survey, within 45 days after completion of the survey, shall file a report of the survey with the county surveyors of those counties affected by the survey. The report shall be a public record in the office of the county surveyor.

(6) A report required by subsection (5) of this section may include maps or diagrams. The maps or diagrams, if included, shall be referenced to each other. The report shall contain the following:

(a) Location of control points by Section, Township and Range and station name if applicable.

(b) Location of horizontal control points by coordinates or geographic positions, indicating datum used.

(d) The date of survey.

(e) The business name and address of the surveyor.

(f) A description of all monuments set or found, including narrative or graphic information sufficient to locate the monuments.

(g) A statement explaining the purpose of the survey, the equipment and procedures used, the source of data used to control the survey, the record positions for found monuments for which new positions were determined and the precision of the survey.

(h) The scale of drawing and North Arrow if a map or diagram is included.

(i) The seal and original signature of the surveyor.

(7) The county surveyor shall file and index reports that comply with subsections (5) and (6) of this section within 30 days of determining compliance.

(8) Any monument set by a registered professional land surveyor to mark or reference a point on a property or land line or to mark or reference a geodetic control survey point shall be durably and visibly marked or tagged with the registered business name or the letters "L.S." followed by the registration number of the surveyor in charge or, if the monument is set by a public officer, it shall be marked with the official title of the office.

(9) If, in the performance of a survey, any registered professional land surveyor finds or makes any changes in any public land survey corner or their accessories as they are described in an existing corner record or survey map in the office of the county surveyor, the surveyor shall complete and submit to the county surveyor a record of the changes found or made to any corner or accessories to the corner. The record shall be submitted within 45 days of the corner visits, and shall include the surveyor's seal and original signature, business name and address, and be on stable base reproducible material in the form required by the county surveyor.

(10) The signature and stamp of a registered professional land surveyor on any survey map or plat constitutes certification that the map or plat complies with all applicable provisions of this chapter.

(11) Any registered professional land surveyor failing to comply with the provisions of subsections (1) to (9) of this section, ORS 92.050 to 92.080 or any county ordinance establishing standards for surveys or plats shall be subject to disciplinary action by the State Board of Examiners for Engineering and Land Surveying.

(12) Any federal or state agency, board or commission, special district or municipal corporation making a survey of lands within this state shall comply with this section.

SECTION 12. 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 [and shall be indexed under the letter "V," title "Vacations."]. Whenever a vacation order or ordinance is so recorded, the county surveyor of such county shall, upon [the original plat and any] a copy [thereof] 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 original plat or copy thereof] such copy of the plat, giving the book and page of the deed record in which 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 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.

Approved by the Governor July 14, 1999

Filed in the office of Secretary of State July 15, 1999

Effective date October 23, 1999

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