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w <br /> ' w <br /> U.S . Department of Agriculture NRCS-ADS-78 <br /> Natural Resources Conservation Service 5-88 <br /> ASSURANCES RELATING TO <br /> REAL PROPERTY ACQUISITION <br /> A. PURPOSE — This form is to be used by sponsor(s) to provide the assurances to the Natural Resources Conservation <br /> Service of the U . S . Department of Agriculture which is required in connection with the installation of project <br /> measures which involve Federal financial assistance famished by the Natural Resources Conservation Service. <br /> B . PROJECT MEASURES COVERED — <br /> Name of project Hurricane Frances Cleanup <br /> Identity of improvement or development Storm debris removal from s w a l e s , f a i l e d <br /> culvert replacement , sediment removal , erosion repair <br /> Location Tndian River County <br /> C . REAL PROPERTY ACQUISITION ASSURANCE — <br /> This assurance is applicable if real property interests were acquired for the installation of project measures, and/or if <br /> persons, businesses , or farm operations were displaced as a result of such installation ; an d this assurance was not <br /> previously provided for in the watershed, project measure, or other type of plan. <br /> If this assurance was not previously provided, the undersigned sponsor(s) hereby assures they have complied, to the <br /> extent practicable under State law, with the requirements of the Uniform Relocation Assistance and Real Property <br /> Acquisition Policies Act (42 U. S .C . 4601 -4655), as implemented in 7 C .F .R. Part 21 . Any exceptions taken from the <br /> real property acquisition requirements under the authority of 42 U. S . C . 4655 because of State law have been or is <br /> hereby furnished to the Natural Resources Conservation Service along with the opinion of the Chief Legal Officer of <br /> the State containing a full discussion of the facts and law fumished. <br /> D . ASSURANCE OF ADEQUACY OF REAL PROPERTY RIGHTS — <br /> The undersigned sponsor(s) hereby assures that adequate real property rights and interests, water rights if applicable, <br /> permits and licenses required by Federal, State, and local law, ordinance or regulation, and related actions have been <br /> taken to obtain the legal right to install, operate, maintain, and inspect the above-described project measures, except <br /> for structures or improvements that are to be removed, relocated, modified, or salvaged before and/or during the <br /> installation process. <br /> This assurance is given with the knowledge that sponsor(s) are responsible for any excess costs or other conse- <br /> quences in the event the real property rights are found to be inadequate during the installation process . <br /> Furthermore, this assurance is supported by an attorney's opinion attached hereto that certifies an examination of the <br /> real property instruments and files was made and they were found to provide adequate title, right, permission and <br /> authority for the purpose(s) for which the property was acquired. <br /> This form was electronically produced by National Production Services Staff <br />