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<br />the STATE ROAD DEPARTMENT OF FLORIDA, a body corporate under the laws of the State of Florida,
<br />hereinafter called the "Department", and the COUNTY OF INDIAN RIVER, FLORIDA, a policitcal
<br />' subdivision of the State of Florida, hereinafter called the "County, witnesses, that
<br />WHEREAS, The Legislature of Florida has designated and established State Road No.4,
<br />!' and the Department has located and surveyed a part of said road designated as that portion of
<br />Section 8801 from St. Lucie County Line to Overpass Project NES 1409 add has prepared a map of
<br />i' survey and location showing said portion of said Section, in said County, as shown on sail map,
<br />duly certified as provided by law, on file in the office of the Department at Tallahassee,
<br />Florida, ad on file in the 6ffice of the Clerk of the Circuit Court of said County, and in the
<br />judgment of the Department said location and survey have been found to be practicable and to
<br />i the best interest of the State, and
<br />WHEREAS, The Department has requested and authorized said County, solely at ils
<br />expensei to secure by donation, purchase or condemnation the lands and property necessary for
<br />such right of way, easements for outfall ditches and borrow pits for said portion of said
<br />', Section and such as may hereafter be found necessary by the Department for said portion of
<br />Section, and
<br />WHEREAS, The Board of County Commissioners of said County, at a meeting duly card °
<br />and held on the 2nd day of duly, A. D. 19", adopted a resolution (copy being hereto attached
<br />as.a part hereof, marked Exhibit "A") signifying its agreement to comply with the Department's
<br />said requests, and authorizing its Chairman and its Clerk, on its behalf, to executedthis con-
<br />tract;
<br />NOW, THEREFORE, in consideration of the premises and of the mutual undertakings
<br />hereinafter set forth, the parties mutually covenant and agree as follows':
<br />1. The County shall forthwith furnish the Department with a title search made by
<br />a reliable Abstractor or Abstract Company, or by the County Attorney, showing the present
<br />ownership and record description of each parcel©f land over which said right of way and/or
<br />easements extend, together with all unsatisfied or outstanding recorded liens or encumbraanceq,j
<br />leases and tax deeds, tax liens and tax certificates held by parties other than'the State.
<br />Thereupon the Department shall prepare and furnish to the County the descriptions of said rIg
<br />of way and/or easements to be acquired from each of the several parcels of land, or interests
<br />therein, as shown by said title search. The furnishing of said description shall be solely
<br />for the assistance of the County and nothing in this paragraph shall be taken or construed as
<br />" the Department's acceptance of the title, or quality of the title, to the land or easements
<br />shown, and shall not release or relieve the County of its agreement herein to furnish the De-
<br />partment free, clear and unencumbered title to the land required for said right of way and
<br />easements, or from any of its covenants hereunder.
<br />2. After the Department has furnished the County said descriptions the County shall
<br />proceed forthwith, solely at its own expense, to acquire by donation, purchase or condemnation,
<br />free, clear and unencumbered title to the land so required as aforesaid for said portion df la
<br />said Section by the Department for said right of way and easements, and convey or vest the same'j
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<br />to or in the State of Florida for the use of said State Road, by good and sufficient deed or
<br />deeds, and deliver to the State Road Department said lands physically clear of all occupants, j
<br />tenants, buildings and/or other structures situate upon or encroaching within the limits of
<br />• the lands required for said portion of said Section.
<br />Any land to which the Countylas heretofore acquired free, clear and unencumbered title, whi&
<br />may be necessary for said right of way and/or easements, shall be conveyed by the County to
<br />the State for the said use under the provisions of this section. If the County within a rea-
<br />sonable time, to be determined by the Department taking into consideration all the circumstanc t
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