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ORIGINAL <br /> sw `��/ <br /> AGREEMENT TO PURCHASE , SELL , AND LEASE REAL ESTATE <br /> BETWEEN INDIAN RIVER COUNTY <br /> AND <br /> BRIAN J . MURPHY <br /> THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ("Agreement" ) is <br /> made and entered into as of the day of " - �' � 2008 , by and between <br /> Indian River County , a political subdivision of the State of Florida ("the County" ) , and Brian <br /> J . Murphy , (" Seller" ) , who agree as follows : <br /> WHEREAS , Brian J . Murphy owns property located at 6770 49th Street , Vero Beach , <br /> Florida . A sketch and legal description of the property is attached to this agreement as <br /> Exhibit "A" and incorporated by reference herein ; and <br /> WHEREAS , the County , is scheduled to expand 66th Avenue in the future and the <br /> road expansion will impact and affect the Murphy property ; and <br /> WHEREAS , in order for the County to proceed with its road expansion plans , the <br /> County needs to purchase property to be used as right-of-way from landowners adjacent <br /> to 49th Street ; and <br /> WHEREAS , the County has contacted Brian J . Murphy and has offered to purchase <br /> an approximate total of 0 . 126 acres of property from Brian J . Murphy to be used as right-of- <br /> way as depicted on Exhibit "A" (the Property) ; and <br /> WHEREAS , the County is prepared to take the Property by using its power of <br /> eminent domain ; and <br /> WHEREAS , Brian J . Murphy and the County wish to avoid the risk , time and <br /> expense 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 SELLER agree as follows : <br /> 1 . Recitals . The above recitals are affirmed as being true and correct and are <br /> incorporated herein <br /> 2 . Agreement to Purchase and Sell . The Seller hereby agrees to sell to the County , <br /> and the County hereby agrees to purchase from Seller , upon the terms and conditions set <br /> forth in this Agreement that certain parcel of real property located at 6770 49th Street , Vero <br /> Beach , Florida and more specifically described in the sketch and legal description attached <br /> as Exhibit "A" , containing approximately 0 . 126 acres , and all improvements thereon , <br /> 1 <br />