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WHEREAS, the Legislature of Florida has designated and established State Road No. 5, <br />and the Department has located and surveyed a part of said road designated as Section 8801, <br />and has prepared a map of survey and location covering that portion of said Section extending <br />from St. Lucie County Line northerly 0.6 miles, in said County, as shown on said map, duly <br />certified as provided by law, on file in the office of the Department at Tallahassee, Florida, <br />and on file in the office of the Clerk of the Circuit Court of said County, and in the judgment <br />of the Department said•loeation and survey have been found to be practicable and to the best <br />interest of the State, and <br />WHEREAS, The Department has requested and authorized said County, solely at its <br />expense, 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 />said Section' and <br />WHEREAS, The Board of County Commissioners of said County, at a meeting duly called <br />and held on the 16th day of August, A. D. 1949, adopted a resolution (copy being hereto <br />attached as a part hereof, marked "Exhibit A") signifying its agreement to comply with the <br />Department's said requests, and authorizing its Chairman and its Clerk, on its behalf, to <br />execute this contract; <br />NOW, THEREFORE: in consideration of the premises and of the mutual undeftakings <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 of land over which said right of way and/or <br />easements extend, together with all unsatisfied or outstanding recorded liens or encumbrances, <br />leases and tax deeds, tag liens and tax certificates held by parties other than the State. <br />Thereupon the Department shall prepare and furnish to the County the description of said right <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 descriptions shall be solely <br />for the assistance of the County and nothing in this paragraph shall be taken or construed <br />as the Department's acceptance of the title, or quality of the title, to the land or ease- <br />ments shown, and shall not release or relieve the County of its agreement herein to furnish <br />the Department free, clear and unencumbered title to the land required for -said right of way <br />and 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 of <br />said Section by the Department for said right of way and easements,.and gonvey or vest the <br />same to or in the State of Florida for the use of said State Road, by good and sufficient deed <br />or deeds, and deliver to the State Road Department said lands physically clear of all occupants, <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. Any land to which the County has hereto- <br />fore acquired free, clear and unencumbered title, which may be necessary for said right of <br />way and/or easements, shall be'conveyed by the County to the State for the said use under the <br />provisions of this section. If the County within a reasonable time, to be determined by the <br />Department taking into consideration all the circumstances and conditions involved, should <br />fail to comply herewith, then and in such event the Department may, at its election abandon <br />the construction of said portion of said Section, or proceed after giving the County due <br />11 <br />1 <br />0 <br />1 <br />n <br />u <br />F <br />L_ <br />0 <br />