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ORIGINAL <br /> #´┐Żo 3 <br /> AGREEMENT TO PURCHASE , SELL , AND LEASE REAL ESTATE <br /> BETWEEN INDIAN RIVER COUNTY <br /> AND <br /> DARIUS WILLIAM RIGBY , A MARRIED MAN <br /> THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ( "Agreement" ) is <br /> made and entered into as of the 24th day of March 20C 9, by and between <br /> Indian River County , a political subdivision of the State of Florida the County" ) , and <br /> Darius and Daisy Rigby , (" Seller") , who agree as follows : <br /> WHEREAS , Darius William Rigby owns property located at 5895 85th Street , <br /> Wabasso , Florida , attached to this agreement as Exhibit "A" and incorporated by reference <br /> herein ; and <br /> WHEREAS , the County , is scheduled to expand 85th Street in the future and the <br /> road expansion will impact and affect Darius William Rigby ' 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 and storm -water retention , <br /> from landowners adjacent to 85th Street ; and <br /> WHEREAS , the County has contacted the Mr . Rigby and has offered to purchase a <br /> parcel of land containing approximately 0 . 46 acres or 20 , 250 square feet ( previously three <br /> 50x135 foot lots ) of property from Darius William Rigby to be used as right-of-way and <br /> storm -water retention ; and <br /> WHEREAS , the County is prepared to take the Property by using its power of <br /> eminent domain ; and <br /> WHEREAS , the Darius William Rigby and the County wish to avoid the risk , time <br /> and expense of litigation by entering into this agreement for sale and purchase of the <br /> 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 5895 85th Street , <br /> Wabasso , Florida and more specifically described in the legal description attached as <br /> Exhibit "A" , containing approximately 0 . 46 acre of land or 20 , 250 square feet , and all <br /> improvements thereon , together with all easements , rights and uses now or hereafter <br /> belonging thereto ( collectively , the " Property") . <br /> 1 <br />