(1) If an error described in subsection (2) of this section is discovered on any subdivision plat, land survey plat, or any other survey plat or parcel description duly recorded in the clerk and recorder's office of the county in which the subdivision, land, or parcel is situated, the professional land surveyor of record may prepare and record in that clerk and recorder's office a surveyor's affidavit of correction to correct the error.
(2) The following errors may be corrected by a surveyor's affidavit of correction:
Any bearing, distance, or elevation that has been omitted or labeled incorrectly;
Any text that has been misspelled or mislabeled;
Any error or omission, if the error or omission is ascertainable from the data shownon the recorded plat or parcel description; or
An error within a parcel description shown on a recorded plat.
The surveyor's affidavit of correction shall contain a reference to the recording information of the document being corrected and the signature and seal of the professional land surveyor of record, and shall not be subject to review before being recorded pursuant to subsection (4) of this section. The professional land surveyor of record shall submit a copy of the surveyor's affidavit of correction to the appropriate reviewing authority, citing the specific provision under subsection (2) of this section that applies to the error being corrected.
The clerk and recorder of the county in which a surveyor's affidavit of correction issubmitted for recording shall record the affidavit in the clerk and recorder's office of the county in which the property lies and provide at least one of the following:
A clerk's note referring to the surveyor's affidavit of correction upon the recordedplat or parcel description; or
An electronic reference to the surveyor's affidavit of correction for the recorded plator parcel description.
Nothing in this section shall be construed to permit changes in courses, distances, orelevations for the purpose of redesigning any lot, tract, or parcel configurations.
A surveyor's affidavit of correction shall not be recorded for a correction not listed insubsection (2) of this section.
Source: L. 2010: Entire section added, (HB 10-1085), ch. 95, p. 324, § 5, effective August 11.