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