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a � 41Y d « AGREEMENT TO PURCHASE AND SELL REAL ESTATE THIS AGREEMENT is entered into as of the .1. day of January ; 20,1.$. by and between Indian River County , a political subdivision of the State of Florida, whose address is 1801 27th Street , Vero Beach , FL 32960 (" County") , and the Estate of Daniel J . Kelly , c/o [enter Personal Representative 's name and address) (" Kelly Estate" ) , WHEREAS , the Kelly Estate owns a 0 . 71 acre parcel of property located at the corner of Regatta and Springline Drive and the property address is 2025 Regatta Drive; Vero Beach , Indian River County , Florida ; and WHEREAS , the property is an unimproved , single family residential lot located in the Moorings Subdivision, Unit 2 , as depicted on the aerial photo attached as Exhibit "A'; and WHEREAS , the streets of the Moorings Subdivision , Unit 2 , were surveyed and constructed by the developer, dedicated by the plat to the " public forever" and accepted by the Board as public streets when the plat was approved by the. Board of County Commissioners on July 23, 1970 ; and WHEREAS, as a result of a recent survey , the lot belonging to the Kelly Estate, Lot 38 , was found to have an encroachment, where the Developer constructed a portion of the Springline Drive curb and roadway onto the Kelly Estate' s lot creating an encroachment of 512 square feet or 0 . 0.12 acres "as depicted on the sketch and legal description attached as Exhibit " B " ; and WHEREAS , it is impractical for the County to remove the curb and road improvements from the Kelly Estate ' s property; and WHEREAS , for the consideration and upon the terms set forth herein , the Kelly Estate is willing to convey the encroached parcel of property to the County to be used as road right-of-way for Springline Drive , and NOW THEREFORE , in consideration of the mutual undertakings herein , and other good and valuable consideration , the receipt and adequacy of which is hereby acknowledged , the parties agree , as follows . Recitals . The above recitals are true and correct and are incorporated herein . 1 . Agreement to Purchase and Sell . The Kelly Estate hereby agrees to sell to the County , and the County hereby agrees to purchase from the Kelly Estate, upon the terms and conditions set forth in this Agreement, that certain parcel of real property containing 0 . 012 acres located along Springline Drive in Indian River County and more specifically described in Exhibit " B " (the Property) attached and incorporated by reference herein . The Property and it improvements shall be used as right-of-way . 1