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ORIGINAL 10ww . 01 t2. z. t AGREEMENT TO PURCHASE AND SELL REAL ESTATE Ado 7 -27 BETWEEN INDIAN RIVER COUNTY AND PATRICIA A . MAYS as Trustee of Patricia A . Mays Trust u /a/d March 31 , 2005 THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ( "Agreement") is made and entered into as of the 20th day of October , 2009 , by and between Indian River County , a political subdivision of the State of Florida ( "the County" ) , and PATRICIA A . MAYS as Trustee of Patricia A . Mays Trust u/a/d March 31 , 2005 ( " Seller") , who agree as follows : WHEREAS , Patricia A . Mays as Trustee owns property located south of 85th Street , Vero Beach , Florida . A legal description of the property is attached to this agreement as Exhibit "A" and incorporated by reference herein ; and WHEREAS , the County , is scheduled to expand 85th Street ( CR510 ) in the future and the road expansion will impact and affect Patricia A . May ' s property ; and WHEREAS , in order for the County to proceed with its road expansion plans , the County needs to purchase property to be used as right-of-way from landowners adjacent to 85th Street ; and WHEREAS , the County has contacted Patricia A . Mays and has offered to purchase an approximate total of 4 . 77 acres of property from the Patricia A . Mays Trust to be used as right-of-way as described on Exhibit "A" (the Property) ; and WHEREAS , the County is prepared to take the Property by using its power of eminent domain ; and WHEREAS , Patricia A . Mays as Trustee of the Patricia A . Mays Trust u/a/d March 31 , 2005 and the County wish to avoid the risk , time and expense of litigation by entering into this agreement for sale and purchase of the Property ; and this Agreement is entered into by Patricia A . Mays as Trustee under the threat of condemnation . NOW, THEREFORE , in consideration of the mutual terms , conditions , promises , covenants and premises hereinafter , the COUNTY and SELLER agree as follows : 1 . Recitals . The above recitals are affirmed as being true and correct and are incorporated herein 2 . Agreement to Purchase and Sell . The Seller hereby agrees to sell to the County , and the County hereby agrees to purchase from Seller, upon the terms and conditions set forth in this Agreement that certain parcel of real property located at 8386 75th Court , Vero Beach , Florida and more specifically described in the legal description attached as Exhibit 1