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M <br />M <br />M <br />Under discussion, Commissioner Scurlock understood then that <br />all this other stuff is just in good faith, and Attorney Vitunac <br />confirmed that it would be in good faith. <br />Attorney Barkett wished to clarify that he is ready to record <br />the property owners' association's documents with the provision <br />that the easement is dedicated to the property owners' association. <br />Attorney Vitunac pointed out that if later in the day, the <br />applicant or his attorney has a change of heart and doesn't want to <br />do that, we cannot force him to do it. <br />Chairman Eggert asked if there is any other way to handle it, <br />and Attorney Vitunac advised that another way would be to postpone <br />this and get the documents in hand in escrow. <br />Attorney Collins advised that the documents are in escrow <br />right now, except for the change in a couple of provisions that the <br />Board is asking. The Board cannot delay this because we are under <br />statutory requirements to have the adoption hearing and transmit to <br />the DCA. The Board must act on this today. <br />Attorney Vitunac reiterated that the problem is that what the <br />Board wants is not in escrow right now, and the applicant could <br />decide later today not to change that escrow. <br />Attorney Collins noted that he was satisfied with the oral <br />agreement to modify the documents that is on the taped record of <br />today's meeting. <br />Chairman Eggert asked if everyone was satisfied with the oral <br />agreement, and Commissioner Bowman wished to hear the oral <br />agreement once more. <br />Attorney Barkett stated for the record that the oral agreement <br />is that the documents in front of the Board will create an easement <br />60 -ft. wide and that they are going to modify it so that the <br />easement is actually dedicated to the property owners' association. <br />The documents do not say anything about the width, they just have <br />two different legal descriptions and the appropriate one needs to <br />be attached. The Board already has the Articles of Incorporation <br />that establishes the property owners' association. The only change <br />from the documents that he submitted to the County is that the <br />easement would be dedicated to the property owners' association as <br />opposed to just created. <br />Attorney Collins clarified that the oral agreement we are <br />speaking of is that Attorney Barkett agrees under the terms of the <br />escrow to record the documents, and Attorney Barkett confirmed that <br />to be correct. <br />Attorney Vitunac added that the other thing that Commissioner <br />Bird asked for is that the County would have the right to take it <br />111 <br />BUCK bb F;i�, J 0 ;? <br />