St. Charles County, MO Chapter 145 Recorder of Deeds

Article I System For Filing A Certificate of Value

Section 145.010 System For Filing A Certificate of Value.

[Ord. No. 94-60 §§1—10, 4-26-1994; Ord. No. 94-72 §1, 5-10-1994]

A. At the same time as any deed or instrument providing for the transfer of title to real estate is presented to the Recorder of Deeds for recordation, there shall be filed with the Recorder of Deeds a certificate of value. The filed certificate of value shall be transmitted to the Assessor and retained by the Assessor for his reference. A copy of the filed certificate shall be returned to the grantee.

B. The certificate of value shall be executed by the grantee or grantees or his representative on forms approved and supplied without charge by the County Assessor.

C. The certificate of value shall contain sufficient information to determine the following:

1. The full consideration for the property splitting out any personal property and/or business value or accommodations for handicap;

2. The intended use of the property; and

3. Whether the transaction was at arms length.

The grantee may add any additional information pertaining to the true value of the property as he/she desires.

D. Information concerning sales price and other consideration is not required to be included in a certificate of value accompanying transfer of title:

1. To or from the United States, the State of Missouri, or any of the instrumentalities, agencies, or political subdivisions thereof;

2. Made solely for the purpose of confirming, correcting, modifying or supplementing a deed previously recorded, and without additional consideration;

3. Made solely for the purpose of releasing security for a debt or other obligation;

4. On sales for delinquent taxes;

5. To cemetery lots;

6. By lease or other transfer or severed mineral interests;

7. By order of any court;

8. By deed between husband and wife, parent and child, without actual consideration; deeds to or from a family corporation or partnership when all shares of stock are owned by members of a family, or a trust created for the benefit of a member of that family, related to one another within the fourth degree of kindred, and their spouses, for no consideration;

9. By deed of partition;

10. By deed made pursuant to merger, consolidation, sale or transfer of the assets of a corporation pursuant to a plan of merger or consolidation filed with the Missouri Secretary of State;

11. By executory contract for deed;

12. By deed of distribution executed by a personal representative conveying to devised or heirs property passing by testate or intestate succession;

13. By lease or easement; or

14. By deed which conveys property held in the name of any partnership, not a family, to any partner or his spouse.

E. The grantee is responsible for the filing of a certificate of value. If the grantee is a corporation, partnership or other entity, each responsible officer and agent of the grantee is responsible for filing the certificate of value. However, any attorney, real estate agent or broker or title company may file the certificate of value on behalf of the grantee.

The attorney, real estate agent or broker, and title company representing the grantee in any such transaction shall inform the grantee of his obligation to file a certificate of value.

F. Upon the enactment of this Section, the County Assessor shall immediately prepare and make appropriate forms available at the office of the Recorder of Deeds and to any persons or organizations requesting the same.

G. Any person who is convicted of preparing or filing a certificate of value known to be false; of failing to file a certificate of value at the time of presenting a deed or instrument for the transfer of title to property; or of failing to inform the grantee of his obligation to file a certificate of value when under the obligation to do so, shall be punished by a fine of one percent (1%) of the sales price or five hundred dollars ($500.00), whichever is greater.

H. The enforcement of the regulations established by this Section shall be the responsibility of the County Counselor.

Article II Miscellaneous

Section 145.020 Remote Access For Title Companies To Certain Records of The Recorder of Deeds.

[Ord. No. 99-27 §§1—4, 4-1-1999]

A. The Director of Management Information Systems ("MIS") is authorized and directed to provide title companies with remote access to the Recorder of Deeds' Uniform Commercial Code indexes and land records on the St. Charles County computer network, as follows:

1. Exclusive access (i.e., access over a line dedicated to a single user from 7:30 A.M. through 6:00 P.M., Monday through Friday excepting holidays of St. Charles County and excepting down-time required for maintenance and upgrades); or

2. Shareable access (i.e., access over a line dedicated to a single user from 7:30 A.M. through 12:00 noon or from 12:30 P.M. to 5:00 P.M., as assigned by St. Charles County, Monday through Friday excepting holidays of St. Charles County and excepting down-time required for maintenance and upgrades).

B. The Director of MIS shall establish and title companies shall meet such requirements for computer hardware and software as may be necessary for remote access.

C. The Director of MIS shall charge such cost-based fees to recover the costs of rendering services. The 1999 fee schedule shall not exceed:

1. One-time setup charge for exclusive access: $500.00.

2. One-time setup charge for shareable access: $250.00.

3. Monthly recurring fee for exclusive access: $100.00.

4. Monthly recurring fee for shareable access: $50.00

The Director may publish a new fee structure on or before January thirty-first (31st) of each year for that year's costs.

D. The services authorized by this Section shall be rendered upon receipt of a completed Remote Access Request Form and of the payments required in that Form. That Form shall be in substantially the same form as Exhibit A to Ord. No. 99-27, which shall be on file at the City's offices and incorporated herein by reference.

Section 145.030 Adopting The Law of The State Defining Marriage and Establishing The Language of A Marriage License. [1]

[Ord. No. 04-072 §§1—2, 5-10-2004]

A. The law of the State of Missouri, as set forth at Section 451.022, RSMo., is hereby enacted as an ordinance of St. Charles County, Missouri, as follows:

1. It is the public policy of St. Charles County Government to recognize marriage only between a man and a woman;

2. Any purported marriage not between a man and a woman is deemed invalid;

3. The St. Charles County Recorder of Deeds, or any other officer or employee of the County, shall not issue or record a marriage license, except to a man and a woman;

4. A purported marriage between persons of the same sex will not be recognized for any purpose by St. Charles County Government even when valid where contracted.

B. The marriage license set out in Subsection (C) is hereby adopted as the official marriage license to be issued in St. Charles County.

C. Marriage License.

IF NOT USED THIS LICENSE SHALL BE VOID AFTER THIRTY (30) DAYS FROM DATE OF ISSUANCE

[1] Editor's Note: The provision set out in Section 145.030 is unenforceable pursuant to Obergefell et al. v. Hodges et al., ___U.S. ___, ___ S. Ct. ___, 2015 WL 2473451 (June 26.2015).

Section 145.040 Fees Payable By Credit Card.

[Ord. No. 06-116 §1, 8-29-2006; Ord. No. 07-078 §1, 5-31-2007]

The Recorder of Deeds is authorized to receive payment by credit card for fees imposed by law and to recover costs for mailing documents if that service is requested, but shall charge a convenience fee reasonably calculated to recover all but no more than all administrative costs imposed by the credit card service under contract to process such payments.