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S.B. 99
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7 LONG TITLE
8 General Description:
9 This bill modifies provisions relating to counties.
10 Highlighted Provisions:
11 This bill:
12 . provides that a county recorder does not violate the law by placing certain
13 information on a document;
14 . modifies provisions related to county recorder fees;
15 . requires a person's typed or printed name on a recorded document to appear just
16 beneath the person's signature;
17 . modifies a notice requirement related to subdivision plats that include a public
18 utility easement to prohibit municipal or county approval of a plat unless proof of
19 notice to affected public utilities is provided; and
20 . modifies a provision related to termination of a joint tenancy, tenancy by the
21 entirety, life estate, or determinable or conditional interest to require an affidavit to
22 be recorded in the county recorder's officer in order to terminate the interest.
23 Monies Appropriated in this Bill:
24 None
25 Other Special Clauses:
26 None
27 Utah Code Sections Affected:
28 AMENDS:
29 17-21-17, as last amended by Chapter 191, Laws of Utah 2002
30 17-21-18.5, as last amended by Chapter 211, Laws of Utah 2003
31 17-21-25, as last amended by Chapter 85, Laws of Utah 1999
32 54-3-27, as enacted by Chapter 64, Laws of Utah 2004
33 57-1-5.1, as enacted by Chapter 320, Laws of Utah 2000
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35 Be it enacted by the Legislature of the state of Utah:
36 Section 1. Section 17-21-17 is amended to read:
37 17-21-17. Prohibited acts.
38 (1) Upon acceptance of an instrument entitled to be recorded, the recorder may not:
39 (a) record the instrument in any manner other than the manner required by this chapter;
40 or
41 (b) alter, change, obliterate, or insert any new matter in any instrument of record.
42 [
43 (2) A recorder does not violate this section by:
44 (a) denying access to:
45 [
46 63-2-302 ; or
47 [
48 Section 63-2-302 [
49 (b) placing an endorsement, reference, or other note on a document in the course of the
50 recorder's work.
51 Section 2. Section 17-21-18.5 is amended to read:
52 17-21-18.5. Fees of county recorder.
53 (1) The county recorder shall receive the following fees:
54 (a) for [
55 otherwise provided for, other than bonds of public officers, $10;
56 (b) for recording any instrument, [
57 Title 70A, Uniform Commercial Code, other than bonds of public officers, and not otherwise
58 provided for, $10 for the first page[
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60 more than one description, $1 for each additional description;
61 (c) for recording [
62 connected with or [
63 instrument contains a description of more than one right-of-way, $1 for each additional
64 right-of-way, and if [
65 second party, or the plaintiffs or defendants, $1 for each additional name[
66 (d) for recording[
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68 [
69 page; and
70 (e) for a location notice, affidavit, or proof of labor which contains names of more than
71 two signers, $1 for each additional name, and for an affidavit or proof of labor which contains
72 more than one mining claim, $1 for each additional mining claim.
73 (2) (a) Each county recorder shall record the mining rules of the several mining
74 districts in each county without fee.
75 (b) Certified copies of these records shall be received in all tribunals and before all
76 officers of this state as prima facie evidence of the rules.
77 (3) The county recorder shall receive the following fees:
78 (a) for copies of any record or document, a reasonable fee as determined by the county
79 legislative body;
80 (b) for each certificate under seal, $5;
81 (c) for recording any plat [
82 $30 for each sheet and $1 for each lot or unit designation;
83 [
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86 and $2 for each additional name;
87 [
88 Professional Licensing, $10; and
89 [
90 lien, $10.
91 (4) The county may determine and collect a fee for all services not enumerated in this
92 section.
93 (5) A county recorder may not be required to collect a fee for services that are
94 unrelated to the county recorder's office.
95 Section 3. Section 17-21-25 is amended to read:
96 17-21-25. Names of persons signing to be typed or printed on instruments
97 presented for recording.
98 (1) (a) [
99 shall have typed or printed on [
100 [
101 be indexed.
102 (b) The person's typed or printed name shall appear just beneath that person's signature.
103 (2) The requirements of Subsection (1) do not affect the legality of the instrument to be
104 recorded.
105 Section 4. Section 54-3-27 is amended to read:
106 54-3-27. Public utility easement.
107 (1) As used in this section, "public utility easement" means the area on a recorded plat
108 map or other recorded document that is dedicated to the use and installation of public utility
109 facilities.
110 (2) (a) A public utility easement provides a public utility with:
111 (i) the right to install, maintain, operate, repair, remove, replace, or relocate public
112 utility facilities; and
113 (ii) the rights of ingress and egress within the public utility easement for public utility
114 employees, contractors, and agents.
115 (b) Notwithstanding Subsection (3), a public utility shall restore or repair, at the
116 expense of the public utility, any fence, grass, soil, shrubbery, bushes, flowers, other low level
117 vegetation, sprinkler system, irrigation system, gravel, flat concrete, or asphalt damaged or
118 displaced from the exercise of the easement rights described in Subsection (2)(a).
119 (3) Except as provided in Subsection (2)(b), if a property owner places improvements
120 to land that interfere with the easement rights described in Subsection (2)(a), the property
121 owner shall bear the risk of loss or damage to those improvements resulting from the exercise
122 of the easement rights described in Subsection (2)(a).
123 (4) (a) Except as provided in Subsection (4)(b), a public utility easement is
124 nonexclusive and may be used by more than one public utility.
125 (b) Notwithstanding Subsection (4)(a), a public utility may not:
126 (i) interfere with any facility of another public utility within the public utility easement;
127 or
128 (ii) infringe on the legally required distances of separation between public utility
129 facilities required by federal, state, or local law.
130 (5) A subdivision plat that includes a public utility easement may not be [
131 approved by a municipal or county legislative body or its designee unless the subdivider has
132 provided the municipality or county with proof that each public utility [
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134 service to the subdivision has, as a courtesy, been notified [
135 owner or the owner's agent prior to [
136 Section 5. Section 57-1-5.1 is amended to read:
137 57-1-5.1. Termination of an interest in real estate -- Affidavit.
138 (1) [
139 the entirety, life estate, or determinable or conditional interest in real estate [
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141 recorded in the office of the recorder of the county in which the affected property is located.
142 (2) [
143 (a) cite the interest which is being terminated;
144 (b) contain a legal description of the real property that is affected;
145 (c) reference the entry number and the book and page of the instrument creating the
146 interest to be terminated; and
147 (d) if the termination is the result of a death, have attached as an exhibit, a copy of the
148 death certificate or other document witnessing the death.
Legislative Review Note
as of 6-14-05 10:36 AM
Based on a limited legal review, this legislation has not been determined to have a high
probability of being held unconstitutional.