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AGREEMENT <br />THIS AGREEMENT, made this day by and between INDIAN RIVER <br />COUNTY, a political subdivision of the State of Florida, <br />hereinafter called the "County" and JAMES B. CAIN and SUZANNE B. <br />CAIN, his wife, and EDGAR L. SCHLITT and MARGUERITE M. SCHLITT, <br />his wife, hereinafter referred to as "Owners". <br />WHEREAS, Jungle Trail is a public road established in the <br />early 1900's and formally declared a fifty foot wide public road <br />by resolution of the St. Lucie County Commission in regular <br />session on June 2, 1925, as set forth in the official records of <br />St. Lucie County Book 4, Page 349, (then known as "Orchid Road"); <br />and <br />WHEREAS, members of the general public have continuously <br />used and uninterruptedly, under claim of right, traveled the road <br />for at least the last sixty ( 60 ) years and the roadway has been <br />maintained by the County forces for at least the last twenty (20) <br />years; and <br />WHEREAS, in 1976 the Board of County Commissioners approved <br />• and filed a Maintenance Map in the public records of Indian River <br />County pursuant to Florida Statutes §95.361; and <br />WHEREAS, a portion of Jungle Trail transverses land owned by <br />the Owners and runs along the shoreline of the Indian River; and <br />WHEREAS, over the years the banks of the Indian River has <br />been changed by the forces of erosion to the extent that recent <br />surveys show the right of way alignment set forth in the 1976 <br />Maintenance Map extending into the river while at the same time <br />showing portions of the current roadbed as traveled by the public <br />extending into the Owners' land; and <br />WHEREAS, the Owners have made known their objections to the <br />road alignment as shown on the 1976 Maintenance Map on file in the <br />County, and the Owners have contested the width- location and <br />extent of the right-of-way. <br />APP 17 1985 BOOK 60 P,:"E 5.88 <br />I <br />