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i; s' RUHTT F WAX LO THIS AGREEMENT made and entered into this 2nd day of Nov., A. D. 1948' by and be- tween the STATE ROAD DEPARTMENT OF FLORIDA, a bogie corporate under the laws of the State of °'' Florida, hereinafter called the "Department", and the COUNTY OF INDIAN RIVER, FLORIDA, a political subdivision of the State of Florida, hereinafter called they "County". witnesses that WHEREAS, The Legislature of Florida has designated and established State Road No. i 512, and the Department has located and surveyed a part of said road designated as Sections of Section 3302 extending from State Road No.6O north and north- !� 8802 and 8804' and has prepared a map of survey and location covering that portion/easterly to ��Stato toad No: 507 in Fellsmeref and that portion of Section 8804 extending through the Town of Fellsmere, in said County,, as shown on said map, duly certified as provided by laws on fil®. In the office of the Department at Tallahassee. Florida. and on file in the office of the ii Clerk of the Circuit Court of said County' and in the Judgment of the Department said location ji'and survey have been found to be practicable and'to tine best interest of the State. and WHEREAS, The Department has requested and authorized said County' solely at its ex - ,pease, to secure by donationt purchase or condemnation the lands and property necessary for such right of wayt easements for outfall ditches and borrow pits for said portion of said iSectiong and such as may hereafter be found necessary by the Department for said portion of said Section, and WHEREAS, The Beard of County Commissioners of said Countyq at a meeting duly called and held on the 2nd day of November, A. D. 1948' adopted a resolution (copy being hereto attached as a part hereof g marked Exhibit "Ae") signifying its agreement to comply with the Department's said requests, and authorizing its Chairman and its Clerkq on its behalf. to execute this contract; NOW9 2HERWORE, in consideration of the premises and of -the mutual undertakings here•; inafter set forth, the parties mutually covdnant and agree as follawa` if 1. The County shall forthwith furnish the Department with a title search made by a ,reliable Abstractor or Abstract Companyp or by the County Attorney, showing the present owner• j ship and record description of each parcel of land over which said right of way aniVdr ease - menta extend, together with all unsatisfied or outstanding recorded liens or encumbrances, leases and tax deeds, tax liens and tax certificates held by parties- ether than the State. Thereupon the Department shall prepare and furnish to the County the descriptions of s aid right of way and/or easements to be aacquired from each of the several parcels of land, or interests thereing and as shown. by said title search. The furnishing of said descriptions shall be solely 14 for the assistance of the County and nothing in this paragraph shall be taken or construed as the Department's acceptance of the title, or quality of the title* to the land or easements jshown, and shall not release or relieve the County of its agreement herein to furnish the De- partment free, clear and unencumbered title to the land.required for said right of way and ;,easements, or from any of its covenants hereunder. 2. After the Department has furnished the County said descriptions the County shall proceed forthwith, solely at its own expense , to acquire by donation, purchase AUT condemnations,' j free, clear and unencumbered title to the land so required as aforesaid for said portion.of m said Section by the Department for said right of way and easements, and convey or vest the same;; to or in the State of Florida for the use of said State Road, by good and sufficient . deed or deedsq and deliver to the State Road Departmant said lands physically clear of all occupants, tenants, buildings and/ser anther structures situate upon or encroaching within the limits of the'! lands required for said portion of said Section. Any land to which the County has heretofore acquired free, clear and unencumbered title' which may be necessary for said right of way i and/or easements, shall be conveyed by the County to the State for the said use under the pro- I' 4 1 E 1 77 11