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UGA ff -141 AM= made and entered into this 4th day of Feb,, A. D. 1947, by and between the STATE ROAD DEPARTMENT OF FLORIDA, a body coprorate under the laws of the State of Floridal hereinafter called the "Department", and the COUNTY OF INDIAN RIPER, FLORIDA, a policital sub- division of the State of Florida, hereinafter called the "Count3r", witnesses, that VHREAS9 The Legislature of Florida has designated and established State Road No. 1`,502,, and the Department has located and surveyed a section of said roan designated as.Section 1;88039,and has prepared a map of survey and location of that portion of said Rection extending 4 from Vero Beach to ju ctIon id. th Hibiscus Street east of Indian, Riveare in said County, as shown "' on said maps duly esertified as provided by laws on the in theaf five of the Department at Tallahassee' Florida' and on file in the office of the Clerk of the C`tuit Court of said County, N and in the Judgment of the Department said location and survey have been found to be practicable and to the best interest of the State' and WHEREAS9 The Department has requested and authorized said County solely at Its expense$ i,to secure by donationf purchase or condemnation the lands and property necessary Cor such right I of ways easements for outfall ditches and borrow pits for said portion of said Section, and E such as may hereafter be found necessary by the Department for said portion of said Sectiong and !` WHEREAS, The Dowd of County Commissioners of said Countyq at a meeting duly called i' and held on the 4th day of Feb., A. D. 194?9 adopted a resolution (copy being hereto attached as a part hereof, marked Exhibit" ") signifying its agreement to comely with the ' Department la said requestsl and authorizing its Chairman and its Clerk, on its behalf, to execute this con- tract; R'OW9 THMEFORN9 in consideration of the presmi.ses and of the mutual undertakings hereinafter set forth, the parties mutually covenant and agree as followss 1. The County shall forthwith furnish the Department with a title search made by a i i+reliable Abstractor or Abstract Company, or by the County Attmruey' showing the present o - iship and record description of each parcel of laud over which said right of way and/or ease - meats extendt together with all unsatisfied or outstanding recorded liens or encumblrancesq leases and tax deeds, tax liens and tax certificates held by parties other than the State. Thereupon the Department shall prepare and furnish to the County the° descriptions of said ri*t of way and/or easements to be acquired from each of the several parcels of lands or interests thereint as shown by said title search# The furnishing of said descriptions shall be solely for the assistance of the County and nothing in this paragraph shall be taken or construed as the Department's aaegptance of the titles or quality of the title, to the laud or easements shown' and shall not release or relieve the County of Its agreement herein to furnish the De- partment frees clear and unencumbered title to the land required for sold right of way and �I easementsq or from any of its covenants hereunder. N 2. After the Department has furnished the County said descriptions the Ccunty shall prooeed forthwith, solely at its own expense, to acquire by donation, purchase or condemnations freo g clear and unencumbered title to the land so required as aforesaid for said portion of ?. sal -d Section by the Department for said right of way and easements, and convey or vest the same h''to or In the State of Florida for the use of said State Roadq by good and sufflaient deed or deeds, and deliver to the State Road Department said lands physically clear of all oceupantsq tenants, bUildimgs and/or other structures situate upon, or encroach#ng within the limits of the lands re4uIred for said portion of said, Simon. Any- land to :which the County has hereto- ", fora acquired frde,, clear and unencumbered title, which may be necessary for said right: of way t a - d/or easements s shall be eonveyed by the County to the, State for the said use under the pro - 9 1 1 • 0 1