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1976-041
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1976-041
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Last modified
1/20/2023 3:09:32 PM
Creation date
1/20/2023 3:09:22 PM
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Resolutions
Resolution Number
1976-041
Approved Date
06/09/1976
Resolution Type
Right of Way
Entity Name
Department of Transportation (DOT)
Subject
Right of Way contract regarding Indian River Blvd, Section 88501-2601
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to as Exhibit "A" and made a part hereof, signifying its agrooment <br />® to comply with the Department's said request, rec(ucstin1I the Depart- <br />ment to pay for acquiring said lands for right of way, borrow pits <br />and drainage easements from funds which have been or may be remitted <br />to the Department under provisions of: Article XII, Section 9 (4), of <br />® the Florida Constitution, and Soction 335.041, Florida Statutes, as <br />amended, for expenditure solely within the County, or from proceeds <br />of Uhe State of Florida Department of General Services bonds issued <br />for the purpose of constructing this project, and authorizing its <br />Chairman and its Clerk, on its behalf, to execute this Contract; <br />NOW, THEREFORE, for and in consideration of the premises <br />and of the mutual undertakings hereinafter set forth, the parties <br />mutually covenant and agree as follows: <br />1. The County shall forthwith furnish the Department with <br />a title search made by a reliable Abstractor or Abstract Company <br />showing the present ownership and record description of each parcel <br />of land over which said right of way, borrow pits and/or easements <br />extend, together with all unsatisfied or outstanding recorded liens <br />or encumbrances, leases and tax deeds, tax liens and tax certificates, <br />or other interests, including possessive interests. Thereupon the <br />Department shall prepare and furnish to the County the descriptions <br />of said rights of way, borrow pits and/or easements to be acquired for <br />each of the several parcels of land, or interests therein as shown <br />by said title search. The furnishing of said descriptions shall be <br />solely for the assistance of the County and nothing in this paragraph <br />shall be taken or construed as the Department's acceptance of the <br />title, or quality of -the title, to the land or easements shown, and <br />shall not release or relieve the County of its agreement herein to <br />furnish the Department free, clear and unencumbered title to the <br />land required for said right of way, borrow pits and easements, or <br />from any of its covenants hereunder. <br />2. After the Department has furnished the County said descrip- <br />tion, the County shall proceed, out of the funds specified below, <br />to acquire either by donation or purchase the free, clear and unen- <br />cumbered title to the land so required as aforesaid for said portion <br />-2- <br />
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