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3 <br /> t3 . G <br /> AGREEMENT TO PURCHASE AND SELL REAL ESTATE <br /> THIS AGREEMENT is entered into as of the . 15 day of January , 201$, by and <br /> between Indian River County,, a political subdivision of the State of Florida, whose <br /> address is 1801 2r Street, Vero Beach , FL 32960 (`'County") , and Patrick Shawn Free, <br /> whose address is 2976 Lark Road , Palm Springs , FL 34406 ("Mr. Free") . <br /> WHEREAS , Mr. Free owns a 5 . 59 acre parcel of property located 710 2"a Street, <br /> Vero Beach , Indian River County, 'Flodda ; and <br /> WHEREAS , the property is zoned. RS-6 , single family residential up to 6 units per <br /> acre as depicted on ,the aerial photo attached as Exhibit "A"; and <br /> WHEREAS , County recently resurfaced that section of Old Dixie Highway <br /> adjacent to Mr. Free's property and in the process, accidentally encroached upon Mr. <br /> Free's property; and <br /> WHEREAS , as a result of the encroachment, the County constructed a portion of <br /> the sidewalk and roadway onto Mr. Free's property creating an encroachment of 0 ..128 <br /> acres as depicted on the sketch and legal description attached as Exhibit " B";, and <br /> WHEREAS , it is impractical for the County to remove the sidewalk and road. <br /> improvements from Mr. Free's property; and <br /> WHEREAS , for the consideration and. upon the terms set forth herein , Mr. Free is <br /> willing to convey the encroached parcel of property to the County to be used as <br /> sidewalk and right-of-way for the Old Dixie resurfacing project. <br /> NOW THEREFORE , in consideration of the mutual undertakings herein; and other good <br /> and valuable consideration, the receipt and adequacy of which is hereby acknowledged, <br /> the parties agree , as follows.; <br /> Recitals . The above recitals are true and correct and are incorporated herein . <br /> 1 : Agreement to Purchase and Sell . Mr. Free hereby agrees. to sell to the County,. <br /> and the County hereby agrees to purchase from Mr. Free , upon the terms and <br /> conditions set forth in this Agreement, that certain parcel of real property containing <br /> 0. 128 acres located along Old Dixie Highway in Indian River County and more <br /> specifically described in Exhibit "B` (the Property) attached and incorporated by <br /> reference herein . The Property and it improvements shall be used as ngWof-way for <br /> the County' s Old Dixie resurfacing project. <br /> 2 . Purchase Price: Effective Date. The. purchase price (the "Purchase Price") for <br /> the Property ishall be TWENTY SIX THOUSAND dollars ($26 , 000 .00}: The Purchase <br /> Price shall be paid on the Closing Date. The Purchase Price is inclusive of all damages; <br /> attorney's fees , expert witness . fees and costs incurred by Mr. Free as a result of the <br /> . 1 <br />