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DOT/GRAND HARBOR PLAT 1 County Attorney Vitunac reviewed the following: TO: The Board of County Commissioners FROM: w (..William G. Collins 11�- Assistant County Attorney DATE: July 13, 1988 SUBJECT: DOT/Grand Harbor Plat 1 In the Certificate of Dedication 'of Grand Harbor - Plat 1, the developer specifically excepted from dedication, through language of reservation, certain lands for future conveyance to DOT. The language reads as follows: "The proposed DOT'drainage right-of-way, adjacent to the east right-of-way for U. S. Highway No. 1,*as shown is reserved for future conveyance to the State of Florida Department of Transportation, subject to appropriate easement for access roadway and utilities." The developer subsequently attempted to make conveyance to DOT of the designated property which was reserved from dedication. DOT would not accept a deed, stating as an objection the language in the Certificate 'of Dedication which they took to make the conveyance subject to certain easements. DOT's position is that they released a drainage canal to the developer free and clear 'and that they should get a conveyance free and clear (of easements) in return. They also contend that in the event they ever needed to move a drainageway under the property conveyed, they would be put In the position of condemning the easement, which Is an Interest in property, rather than simply revoking a permit and reissuing it at another location. It is my feeling that the quoted language does not limit the developer in his future disposal of the property reserved. The public only has rights In that property which is dedicated. This property was.reserved to the developer and kept separate from the effect of dedication. I read the quoted language as simply evidencing a statement of Intention on the part of the developer. v eloer having retained title to the property can convey Iteither free and clear or subject to easements, whichever suits the needs and purposes of the two parties to the conveyance. Since the reservation precluded any rights accruing to the public through dedication, should the.developer and DOT now determine that the conveyance shall not be subject to any I easements, but instead shall be subject to the Issuance of appropriate permits for access roadway and utilities and drainage, the County, i:e., the public, has no Interest in the nature of that transaction. However, DOT in order to remove any fear as to the quality of their title, has requested that the language In the Certificate of Dedication be amended to reflect the fact that the conveyance wi I i be subject to the issuance of permits (rather than subject to easements) for access roadway, utilities and drainage. It 0 JUL 26 1988 52 Boor FL,98