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ORIGINAL; <br /> AGREEMENT TO PURCHASE , SELL , AND LEASE REAL ESTATE <br /> BETWEEN INDIAN RIVER COUNTY <br /> AND <br /> RALPH A . POWELL AND DIANE M . POWELL , HUSBAND AND WIFE <br /> THIS AGREEMENT TO PURCHASE AND SELLREAL ESTATE ( "Agreement") is <br /> made and entered into as of the 5th day of ´┐ŻbY , 20097 by and between <br /> Indian River County , a political subdivision of the State of Florida ("the County" ) , and Ralph <br /> A . and Diane M . Powell , husband and wife , ( " Sellers " ) , who agree as follows : <br /> WHEREAS , The Powell ' s own property located at 6760 , 6790 and 6816 45th Street , <br /> Vero Beach , Florida . A sketch and legal description of the property is attached to this <br /> agreement as 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 Powell ' s 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 66th Avenue ; and <br /> WHEREAS , the County has contacted the Powell ' s and has offered to purchase an <br /> approximate total of 0 . 280 acres of property from the Powell ' s to be used as right-of-way as <br /> 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 , the Powell ' s and the County wish to avoid the risk , time and expense of <br /> 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 6760 , 6790 and 6816 <br /> 1 <br />