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is proposed that this matter be clarified by the filing of <br />an affidavit setting out the appropriate corrective language <br />agreed to by the developer and DOT. When such an affidavit <br />is filed, the Clerk of the Court must record the affidavit <br />and place in the margin of the recorded plat a notation that <br />the affidavit has been filed, the date of filing, and the <br />book and page where It is recorded. This is the procedure <br />set out by Florida Statute 177.141 for confirming and <br />correcting any appreciable error or omission in the data as <br />shown on any plat duly recorded. This section generally <br />speaks to error in survey data, but by analogy I believe it <br />could be utilized to clarify the intent and to reassure the <br />Department of Transportation as to the nature of title which <br />they are obtaining, i.e., free and clear of any easements. <br />No easement was created by the statement of future intention <br />in the language quoted above. Any easement would have to be <br />created in the instrument of conveyance itself. This <br />affidavit is simply filed for purpose of clarification as to <br />the intent and effect of the language in the Certificate of <br />Dedication which reserved .title t -o - this property in the - <br />developer for future conveyance to DOT. <br />Attorney Vitunac informed the Board that while this seems <br />complicated, it actually is a minor item that probably should <br />have been on the Consent Agenda. <br />ON MOTION by Commissioner Eggert, SECONDED by Commis- <br />sioner Bird, the Board unanimously authorized the <br />Chairman to sign the affidavit as described above. <br />JUL 26 1�� 53 BOOK 73 F'CE 999 <br />