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`' •' l l �0 f �I I Original <br /> AGREEMENT TO PURCHASE , SELL , AND LEASE REAL ESTATE <br /> BETWEEN INDIAN RIVER COUNTY <br /> AND <br /> BRYON H . BEATTY, SR . AND COLLEEN M . BEATTY , AS TRUSTEES OF THE <br /> COLLEEN M . BEATTY REVOCABLE TRUST UTA DATED JULY 19 , 2005 <br /> THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ("Agreement") is <br /> made and entered into as of the 23rd day of September, 2011 , by and between Indian <br /> River County, a political subdivision of the State of Florida ("the County") , and The Colleen <br /> M . Beatty Revocable Trust UTA dated July 19 , 2005 , who agree as follows : <br /> WHEREAS , The Colleen M . Beatty Revocable Trust UTA dated July 19 , 2005 owns <br /> property located on the north side of 12th Street approximately 370 feet west of the <br /> intersection of 66th Avenue and 12th Street , Vero Beach , Florida . A sketch and legal <br /> description of the property is attached to this agreement as Exhibit "A" and incorporated by <br /> reference herein ; and <br /> WHEREAS , the County, is scheduled to expand 66th Avenue in the future and the <br /> road expansion will impact the intersection of 12th Street and 66th Avenue and affect the <br /> property of The Colleen M . Beatty Revocable Trust UTA dated July 19 , 2005 ; 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 12th Street; and <br /> WHEREAS , the County has contacted the trustees of The Colleen M . Beatty <br /> Revocable Trust UTA dated July 19 , 2005 and has offered to purchase right-of-way of <br /> approximately 0 . 91 acre of property as depicted on Exhibit "A" (the Property) and a 4 , 960 . 2 <br /> square feet temporary construction easement as depicted on Exhibit "A" (the Property) <br /> from The Colleen M . Beatty Revocable Trust UTA dated July 19 , 2005 and <br /> WHEREAS , the County is prepared to take the Property by using its power of <br /> eminent domain ; and <br /> WHEREAS , the Trustees of The Colleen M . Beatty Revocable Trust UTA dated July <br /> 19 , 2005 and the County wish to avoid the risk, time and expense of litigation by entering <br /> 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 /> 1 <br /> i <br />