Special Notice / Hearing: None__
Vote Required: Majority
To: Honorable Board of Supervisors
From: Ann M. Stillman, Director of Public Works
Subject: Introduction of an ordinance adding Section 2.50.100 (Survey Monument Preservation Fund) to Chapter 2.50 of Title 2 to the San Mateo County Ordinance Code
RECOMMENDATION:
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Introduction of an ordinance adding Section 2.50.100 “Survey Monument Preservation Fund” to Chapter 2.50 of Title 2 of the San Mateo County Ordinance Code and waive the reading of the ordinance in its entirety.
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BACKGROUND:
California Government Code Section 27584 authorizes this Board to establish a County Survey Monument Preservation Fund (Fund) to pay necessary expenses incurred or authorized by the County Surveyor in any retracement or remonument survey of major historical land division lines upon which later surveys are based, such as, but not limited to, government section lines, rancho lines, grant lines, rancho section lines, acreage subdivision lot lines, and subdivision boundary lines within the County. California Government Code Section 27585 allows this Board to impose a user fee, not to exceed ten dollars ($10) to be charged and collected by the County Recorder, over and above any other fees required by law, to be deposited into the Fund.
The proposed ordinance will establish a Fund and a user fee of ten dollars ($10), to be charged and collected by the County Recorder as a condition precedent to the filing and recording of any grant deed conveying real property.
DISCUSSION:
A survey monument is a physical marker placed on the ground or in other structures to indicate specific survey points and referenced coordinates. These markers are critical for establishing property boundaries, conducting land surveys, cartography, and various engineering projects. Efforts to ensure survey monuments are preserved and remain in place is important and can be supported by the Fund. Bay Area counties, such as the City and County of San Francisco and Santa Clara County, have established Survey Monument Preservation Funds and user fees to support the preservation of survey monuments.
The Department of Public Works (Department) recommends the establishment of the Fund for the reasons outlined below:
1) Maintenance and Restoration: Survey monuments are exposed to natural elements, urban development, and accidental damage. A preservation fund helps ensure that these markers can be inspected, repaired, or replaced when necessary.
2) Legal and Surveying Accuracy: Accurate survey markers are essential for property owners, land developers, and government agencies to establish clear boundaries and conduct accurate land surveys. Preserving these markers ensures clarity and prevents disputes over property lines.
3) Historical Significance: Some survey monuments have historical value, as they could be associated with significant events, historical surveys, or landmarks. Preserving them contributes to the understanding of the area's history and cultural heritage.
4) Infrastructure Development: Survey monuments often serve as reference points for infrastructure development projects. Preserving these markers is crucial for maintaining accuracy and continuity in engineering projects.
5) Professional Standards: Surveying organizations and government agencies often have standards and guidelines for the preservation and maintenance of survey monuments. A dedicated fund can help meet these standards and ensure the integrity of surveying data.
6) Public Interest: Land surveying data, especially in relation to property boundaries and public infrastructure, is of public interest. A preservation fund can ensure that this data remains accessible and reliable for the benefit of the general public.
The County Recorder shall forward all fees collected each month to the County Treasurer for deposit in the Fund pursuant to this Ordinance and California Government Code. No funds collected by the County Recorder for the Survey Monument Preservation Fund shall be transferred to, or deposited in, any other fund or used for any other purpose.
County Attorney has reviewed and approved the Ordinance as to form.
FISCAL IMPACT:
Based on the number of grant deeds recorded in recent years, the Department anticipates up to $200,000 to be collected annually for the Monument Preservation Fund. The County Surveyor will manage these funds to support the activities mentioned above based on the available budget that is generated each month.
There is no impact to the General Fund.