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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
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