RIGHT OF WAY CONTRACT - STATE ROAD 697
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Section 1~2150
Itate Roa4 697
Pi..1laa COUJlV
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PJoat,J,;t.,1"14Y, CONTRAcT
THIS AGREEHENT made and entered into this 6th day of October
A. D. 19 5& by and between the STATE ROAD DEPAR'l'l'JENT CF FLORIDA~ a body corporate
under the laws of the State of Florida" hereinafter called the "Department"" and
the City
of
Clearwater
, a municipal corporation of the State of Florida,
hereinafter called the "Municipality"" 'Witnesses" that
1f'.dEREAS" the Legislature of Florida bas designated and established state
Road NOra ,77 ,and the Department has located and surveyed a portion of said
road designated as Section 15600 ' in P1nellaa County, Florida, and
has made a survey and location of that part of said section extending tl"Oll
l....neotio. of ft. Baft'1aoa Aw_.... "C" 8Veat "'.1"17 aullIoI'tller17 111
Clearwater to ce4ar "net,
as shol'm on survey and location map, duly certified asprovided by 1a~1, on file
in the office of the Department at Tallahassee, FlOrida, and on file in the office
of the Cle rk of the Circuit Court of said County, and in the office of the Clerk
of said municipality, 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
1-JHEREAS, the Department has requested and authorized said municipality,
solely at its expense, to secure by gift, purchase or condemnation the lands and
property necessary for that part of the right of way" easem.emts for outfall ditches
and borrow pits for said section situate tnthin said municipality and sho'Wn on the
right of way map of said section, and such as may hereafter be fOl.md neoessa.IjT by
the Department for said section, and
lmEREAS, the C1_ C~.."-... of the City of Clearwater ,
in meeting duly called and held on the 6th day of October , A. D. 19 58,
adopted a Resolution (copy being hereto attached as a part hereof, marked "EXHIBIT
An) ~ signifying its agreement to comply With the Department I s said requests, and
Acting City Manager,
authorizing its r.Jf.a YOT; , / and its Clerk, on its behalf, to execute this cont.ract..
NO'1, THEREFORE, in consideration of the premises and of themut.ual undertak-
ings hereinafter set forth, the parties mutually covenant and agree as follows:
1. The municipality shall forthtd.th furnish the Department with a title
search made by a reliable Abstractor or Abstract Company or by its Att.orney, show-
ing the present ownership and record description of each parcel of land over which
said right of way and/wrreasements extend within said municipality, as shown on $'sid
right of way map on file 'tdth said C1V Clerk, and Department, together with
~. unsatisfied or outstanding recorded liens or encUJllbrances~ leases and tax deeds~
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tax liens and tax certificates held by parties other than the Sta.te.. Thereupon
the Department shall prepare and furnish to the municipality the descriptions of
said right of way and/or easements to be acquired from each of the several parcels
of lands, or interests therein, as shown by said title search. The furnish:L"1g
of said descriptions shall be solely for the assistance of the municipality and
nothing in this paragraph shall be taken or construed as the Department I s accept-
ance of the title, or quality of the title, to the land or easements shmm, and
shall not release or relieve the municipality of its agreement herein to furnish
the Department free, clear and unencumbered title to the land required for said
right of way and easements, or fran any of its covenants hereunder.
2. After the Department has furnished the municipality said descriptions,
the municipality shall proceedforth'tdth, solely a t its expense, to acquire by
gift, purchase or condemnation, free, clear and unencumbered title to the land
so required as aforesaid for said project by the Department for said right of way
and easements, and conveyor vest the same to or in the State of Florida for the
use of said State Road, by good and sufficient deed or deeds, and deliver to the
State Road Department said lands physically clear of all occupants, tenants,
buildings and/or other structures situate upon or encroaching wi thin the limits
of the lands required for said project. Any land to which the municipality has
heretofore acquired free, clear and unencumbered title, 't-Jhich may be necessary
for said right of l1Tay and/or easements, shall be conveyed by the municipality
to the State for the said use under the provisions of this section. If the muni-
cipality within a reasonable time, to be detennined by the Department taking into
consideration all the circumstances and conditions involved, should fail to
comply here'-1ith, then and in such event the Department may, at its election
abandon the project or proceed after giving the municipality due notice thereof
to acquire said right of uay and easements, at the expense of the municipality,
and all smns so advanced by the Department shall be repaid to it by the municipal-
ityupon demand.
3. CormnenciIig ltr.i.th the date l-J"hen 'tJ1e DepartnientshalJ,j)S'ginconstruction
operations on said project, and at all times thereafter for so long as said
project shall continue to be part of the State system of roadS, the municipality
shall save, defend and keep the State of Florida and the State Road Department,
its officers, employees and contractors harmless from any and all damages, claims
or injuries, actions at lal'f or suits in equity arising from or gro't-Jing out of arry
defect or alleged defect affecting the title, or because of the lack of title or
right of possession of the State of Florida for the use of said road, to any
portion of those lands and easements required by the Department for said project
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as aforesaid, and the municipality agrees to pay' and dischal'ge all lawfw.. claims,
damages, judgments, decrees and any other eA1'enses arising from or grmdng but
of such claims, injuries, actions or sui. ts.
4. After the acquisition of said right of lJayand easements by said
mu.'1icipality and the acceptance of same as satisfactory by the Department, the
Department agrees to construct the aforesaid project at the earliest date it
determines practicable, and appropriate or cause to be appropriated the funds
for said construction.
IN \'lITNESS 1mERECF the Department has caused this agreement to be executed
in duplicate by its Chairman and its Secretary, and its official seal to be
affixed; and the municipality has caused it to be executed by its
~, ~cting City
VIanager and its Clerk, and its official seal to be affixed" the day and year first above
"t.Jritten.
Signed, sealed and delivered
in the presenc.e of:
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O\R~CloR
~~ecretary
Signed" sealed and d(~ivered
in the presence of: ,.
( SEAL)
ff~
As 0 Mumc. - 11;y
City of Clearwater
, Florida
BY:
b~~,
Acting City Manager
,
*JJDtx
Approved as to form and
correctness:
ATTEST:
the Ci ty
/h..J ~
.--- City Attorn
(SEAL)
G ounter signed:
9~~/
yor-vomm' sioner
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