[HISTORY: Adopted by the Board of County Commissioners of Doña Ana County as indicated in article histories. Amendments noted where applicable.]
Unified Development Code — See Ch. 350.
[Adopted 2-13-1996, as amended 9-10-1996]
Except as hereinafter set forth, any person or entity who or which sells or leases to sell or conveys by any means, whether by deed or contract, a parcel of land which is located outside the boundaries of any municipality, shall comply with the provisions of this article.
All real property conveyances, as described above, shall be recorded in the office of the Clerk of Doña Ana County.
[Amended 9-27-2011 by Ord. No. 235-2011]
[Adopted 6-14-2005 by Ord. No. 220-05]
The Board of County Commissioners of Doña Ana County has the authority under NMSA § 4-38-17 to levy a tax on all taxable property in the County for general County purposes.
It is the duty of the Doña Ana County Tax Assessor under NMSA § 7-38-82 to ascertain and maintain in the Assessor's records the correct names of the owners of taxable property in the County for the purpose of, among other things, assessing real property for tax purposes.
The Assessor is experiencing problems maintaining the correct names of property owners in situations where a plat or replat is done to change existing lot lines, which will affect title ownership, and is recorded in the office of the Doña Ana County Clerk with no corresponding conveyance documents containing title ownership and legal descriptions of the new parcel configurations created by the plat or replat.
The requirement that corresponding documents of conveyance, executed by the legal title owner, containing title ownership and legal descriptions be recorded with a plat or replat that creates new parcel configurations will address the aforesaid problem.
The following policy governing the recording of plats or replats and conveyance documents shall have the force of law. Further, the County Assessor, County Clerk and staff are hereby authorized to take whatever lawful action is deemed necessary to effect and carry out the policy and conditions of this article.
This article shall be known as the "Plat and Replat Conveyance Ordinance."
This article applies to all territory within Doña Ana County, to include the unincorporated area and municipalities.
Commencing with the official enactment of this article, any and all plats or replats, recorded in the office of the County Clerk of Doña Ana County, which change lot lines affecting existing titles to property shall be accompanied by corresponding conveyance documents for recording that contain title ownership and legal descriptions of the properties affected.
It shall be the duty and responsibility of the person or entity who or which seeks to record a plat or replat with the County Clerk to ascertain if the plat or replat impacts existing titles to property and to draft and record the corresponding conveyance documents required by this article.
No such plat or replat shall be accepted for recording by the County Clerk that does not comply with the requirements of this article.
This article shall be administered and enforced jointly by the Doña Ana County Assessor and the Doña Ana County Clerk and their staffs.