[Adopted 4-26-1994 by Res. No. 1994-19]
Any person owning real property that is subject to property taxation under the Property Tax Code may file for record, in the office of the County Clerk of the County of Doña Ana where the real property is located, a legal description or a plat of the real property. To be eligible for recording, the legal description or plat shall be certified by a professional surveyor licensed in the State of New Mexico.
The United States, the State of New Mexico or its political subdivisions and any agency, department or instrumentality may file for record in the office of the County Clerk of Doña Ana County where the real property is located a legal description of a plat of real property. To be eligible for recording, the legal description or plat shall be certified by a professional surveyor licensed in the State of New Mexico and shall show the governmental agency, department or political subdivision under whose supervision and direction the description or plat was prepared.
The County Clerk shall number descriptions and plats consecutively. Immediately upon receiving a description or plat for filing, the County Clerk shall note on the instrument the filing number and the time of filing and shall make proper entries in reception book and in index to general real estate records.
[Amended 9-27-2011 by Ord. No. 235-2011]
Since the County Clerk uses a post binder with transparent protective pages for the protection of the plats, she shall charge a fee of $9 for the first page and $5 for each additional page for filing and recording each unit of a plat that is 18 inches by 24 inches or part thereof.
For filing legal descriptions or plats of real property, the County Clerk may charge, in addition to any other fees authorized by law, an equipment recording fee. The equipment recording fee shall not exceed $4.
Amounts collected from the equipment recording fee shall be deposited into a County Clerk recording and filing fund, which shall be established by the County. Money in the County Clerk recording and filing fund shall be expended only to purchase equipment associated with recording, filing, maintaining or reproducing documents in the County Clerk's office.
The equipment recording fee shall be determined annually by the County Clerk and approved by the Board of County Commissioners.
All plats to be recorded shall be filed in duplicate with the County Clerk. One copy shall be recorded by the County Clerk, and one copy shall be delivered by the County Clerk to the County Assessor.