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©bq -- ;2 <br /> AGREEMENT TO PURCHASE AND SELL REAL ESTATE <br /> BETWEEN <br /> KEN AND LAURA MCKELLAR AND INDIAN RIVER COUNTY <br /> THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ( "Agreement" ) is <br /> made and entered into as of the 15th day of September , 2009 , b and between Indian <br /> River County , a political subdivision of the State of Florida 1801 27 Street , Vero Beach , <br /> FL 32960 ( "the County") , and Ken and Laura McKellar , as husband and wife , 125 Ocean <br /> Way , Vero Beach , Florida 32963 ( "the Sellers " ) , who agree as follows . <br /> WHEREAS , Ken and Laura McKellar own property north of 49th Street along the <br /> east side of 31St Avenue ; and <br /> WHEREAS , the County purchased 34 . 4 acres of property at the corner of 49th <br /> Street and 31St Avenue from various land owners in order to assemble the land necessary <br /> for a future re - use wetlands park ; and <br /> WHEREAS , 31St Avenue is a two lane paved road that lies just east of the Lateral <br /> H Canal . The canal is owned and maintained by the Indian River Farms Water Control <br /> District ; and <br /> WHEREAS , surveys performed by the County Surveyor staff show that 31St Avenue <br /> lies partly on the Farms canal right-of-way and partly on property owned by the McKellars <br /> and <br /> WHEREAS , 31St Avenue is used by dump trucks and construction vehicles visiting <br /> the cement and asphalt plants to the north of the County property and the County ' s <br /> contractor will be relying heavily on 31St Avenue for ingress/egress for the construction of <br /> 53rd Street and the bridge over the canal ; and <br /> WHEREAS , the McKellars have offered to sell and the County has offered to buy <br /> the portion of the McKellar property that makes up 31St Avenue consisting of 0 . 609 acres . <br /> A sketch and legal description of the property is attached to this agreement as Exhibit "A" <br /> and incorporated by reference herein ; and <br /> WHEREAS , the 0 . 609 acres of the property is zoned RS -6 , single family residential <br /> up to six units per acre ; and <br /> WHEREAS , the McKellars and the County wish to avoid the risk , time and expense <br /> of litigation by entering into this agreement for sale and purchase of the Property , <br /> NOW , THEREFORE , in consideration of the mutual terms , conditions , promises , <br /> covenants and premises hereinafter , the County and the Seller agree as follows : <br /> 1 <br /> ATTACHMENT 3 <br />