Arizona Recordation Law change - 1989
adapted from Circular No. 36, January 1991
Laws affecting the recording of all instruments, including those relating
to mining claims have been changed. The First Regular Session of the
Thirty- ninth Legislature of the State of Arizona has enacted amendments
to the Arizona Revised Statutes as listed below (ARS 11-462, 463, 467,
471, 473- 475, 477, and 480 and 27-203). Pertinent are the changes to
requirements for form of instruments and mining claim location notice
recordation fees. The changes became effective on June 20, 1989 unless
otherwise noted. Pertinent excerpts from the new legislation, Laws of
1989, Chapter 249, Senate Bill 1179 as enacted are included at the end
of this circular.
Form of Instruments
The new law has changed the required form of instruments to include a
top margin of at least 2 inches on the first page of
an instrument, a minimum half inch left and right margin, and a minimum
print size of 10 point type . The sample forms provided
in prior editions of Laws and Regulations Governing Mineral Rights in
Arizona pages 71-81 may still be used provided they are photocopied
on 11x14 inch paper (legal size) allowing a top margin of at least 2
inches. Care should be taken to preserve left and right margins of a half
inch. The form should not be reduced to achieve these margins as the
print size could become smaller than the 10 point type minimum. Forms
are also available from Circular 90
Mining Claim Forms
(PDF format).
Fees
The standard fee of $5.00 for instruments now applies to mining claim
location notices. However, the actual recordation fee charged at county
recorder offices will vary from $5.00 to $9.00 as it may also include
a supplemental fee of up to $4.00 per instrument that the counties are
allowed to charge for computerization of their records. In the excerpts
below changes or additions in text are indicated by CAPITALS; deletions
by strikeouts.
CHAPTER 249
SENATE BILL 1179
AN ACT RELATING TO COUNTIES; PRESCRIBING CERTAIN DUTIES AND RESPONSIBILITIES OF
COUNTY RECORDER; PROVIDING FOR THE ENUMERATION AND MANNER OF KEEPING INDICES;
PRESCRIBING MANNER OF RECORDING, INSPECTION, MAKING COPIES OF AND CERTIFICATION
OF RECORDS; PRESCRIBING CERTAIN RECORDATION FEES; PRESCRIBING LIABILITY FOR
CERTAIN INCOMPLETE AND DEFECTIVE CERTIFICATES; PRESCRIBING FORM OF INSTRUMENTS
TO BE RECORDED; PROVIDING FOR REMOVAL OF PROVISIONS REGARDING RECORDING OF BOND
UNDERTAKING AND AFFIDAVITS; AMENDING SECTIONS 11-462, 11- 463, 11-471, 11-473,
11-474, 11-475, 11-477,11-480,AND 27-203, ARIZONA REVISED STATUTES.
Be it enacted by the legislature of the State of Arizona: Section 11-480,
Arizona Revised Statutes is amended to read:
11-480. Requirement for form of instruments
A. Any ONLY AN instrument presented
WHICH UPON PRESENTATION to a county recorder for recordation shall
meet the following conditions FAILS TO MEET ANY OF THE FOLLOWING
CONDITIONS MAY BE REJECTED FOR RECORDATION AT THE TIME OF PRESENTATION
FOR RECORDATION:
1. Each instrument shall have a caption briefly stating the nature of the
instrument, such as warranty deed, release of mortgage, notice of bulk sale and
like captions. The county recorder shall have no obligation to index any
instrument under any subject index category maintained by the county recorder
unless that category is included in the caption to the instrument.
2. Each instrument shall be an original or a copy of the original and shall be
sufficiently legible for the recorder to make certified copies FROM THE
PHOTOGRAPHIC OR MICROGRAPHIC RECORD.
3. Each instrument shall have original signatures or carbon copies of such
signatures, except when otherwise provided by law.
4. EFFECTIVE JANUARY 1, 1991, EACH INSTRUMENT SHALL BE NO LARGER THAN EIGHT AND
ONE-HALF INCHES IN WIDTH AND NO LONGER THAN FOURTEEN INCHES AND SHALL HAVE A
PRINT SIZE NO SMALLER THAN TEN POINT TYPE.
5. EFFECTIVE JANUARY 1, 1991, EACH INSTRUMENT SHALL HAVE AT LEAST A ONE-HALF
INCH MARGIN ACROSS THE BOTTOM AND THE LEFT AND RIGHT SIDES FROM THE TOP TO THE
BOTTOM. THE FIRST PAGE SHALL HAVE A TOP MARGIN OF AT LEAST TWO INCHES OF
VERTICAL SPACE FROM LEFT TO RIGHT AND SHALL BE RESERVED FOR RECORDATION AND
RETURN ADDRESS INFORMATION.
B. Any instrument
presented to a county recorder for recordation which modifies in any way the
provisions of a previously recorded document must state the date of recordation
and the docket and page of the document being modified.
C. ANY INSTRUMENT
ACCEPTED FOR RECORDATION IS NOT SUBJECT TO A LATER CLAIM OF INVALIDITY FOR
FAILURE TO COMPLY WITH THE REQUIREMENTS OF THIS SECTION.
Section 27-203 Arizona Revised Statutes is amended to read:
27-203 Completing lode, placer, millsite locations: recording location
notice: monumenting: map, plat, or sketch requirements: abandonment of claims:
recorder duties and fees
A. through E. were unchanged.
F. The county recorder shall keep proper indices of mine location
notices and maps by the cadastral subdivisions of the United Sates
bureau of land management or general land office. The county recorder
shall receive as fees three dollars for recording a
mine location notice and map, plat or sketch appended to such notice
THE FEES PRESCRIBED IN SECTION 11-475.
Approved by the
Governor, June 20, 1989.
Filed in the Office of the Secretary of State, June 20, 1989.
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