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ORIGINAL <br /> Cf Z <br /> AGREEMENT TO PURCHASE , SELL , AND LEASE REAL ESTATE <br /> BETWEEN INDIAN RIVER COUNTY <br /> AND <br /> PHILLIP M . AND JOANNE A . SEMENUCK <br /> THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ( "Agreement" ) is <br /> made and entered into as of the 23rd day of March 20 , by and between <br /> Indian River County , a political subdivision of the State of Florida ("the County") , and Phillip <br /> M . and Joanne A . Semenuck , ( Seller" ) , who agree as follows : <br /> WHEREAS , Phillip M . and Joanne A . Semenuck owns property located at 6480 41 st <br /> Street , Vero Beach , Florida . A sketch and legal description of the property is attached to <br /> this agreement as Exhibit "A" and incorporated by reference herein ; and <br /> WHEREAS , the County , is scheduled to expand 66th Avenue in the future and the <br /> road expansion will impact and affect the Semenuck 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 from landowners adjacent <br /> of 41 st Street ; and <br /> WHEREAS , the County has contacted Phillip M . and Joanne A . Semenuck and has <br /> offered to purchase approximately 0 . 10 acres of property from the Semenucks ' to be used <br /> as right- of-way as depicted on Exhibit "A" (the Property) ; and <br /> WHEREAS , the County is prepared to take the Property by using its power of <br /> eminent domain ; and <br /> WHEREAS , Phillip M . and Joanne A . Semenuck and the County wish to avoid the <br /> risk , time and expense of litigation by entering into this agreement for sale and purchase of <br /> 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 />