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Q i ORIGINAL 7 26 - 10 <br /> AGREEMENT TO PURCHASE AND SELL REAL ESTATE AND TO ' , <br /> CONVEY A DRAINAGE EASEMENT BETWEEN � � 1 <br /> INDIAN RIVER COUNTY <br /> AND <br /> BRUCE L . AND NANCY G . STAMILE <br /> THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ( "Agreement" ) is <br /> made and entered into as of the 20 day of Jul Y , 20101 by and between <br /> Indian River County , a political subdivision of the State of Florida ( "the County") , and Bruce <br /> L . and Nancy G . Stamile , ( " Sellers ") , who agree as follows .- <br /> WHEREAS , <br /> ollows :WHEREAS , Bruce L . and Nancy G . Stamile owns property located at 4150 <br />9th <br /> Street , Vero Beach , Florida ; and <br /> WHEREAS , the County , is scheduled to expand Oslo Road ( 9th Street , SW) in the <br /> future and the road expansion will impact and affect the Seller' s property ; and <br /> WHEREAS , in order for the County to proceed with its road expansion plans , the <br /> County needs to purchase a permanent storm -water easement and a temporary <br /> construction easement , as described on the sketch and legal description attached as <br /> Exhibit "A " ; and <br /> WHEREAS , the County has contacted Bruce L . and Nancy G . Stamile and has <br /> offered to purchase approximately 0 . 31 acres , or 13 , 500 square feet ( 15 feet by 900 feet) <br /> of property from Bruce L . and Nancy G . Stamile to be used as a storm -water drainage <br /> easement , as described in the sketch and legal attached as Exhibit "A" (the Property) ; and <br /> a temporary construction easement containing 0 . 33 acres ( 14 , 280 square feet) , as <br /> described in the same sketch and legal attached as Exhibit "A " (the Property) . The <br /> temporary construction easement will expire on June 30 , 2012 or at the termination of <br /> construction , which ever occurs first ; and <br /> WHEREAS , the County is prepared to take the Property by using its power of <br /> eminent domain ; and <br /> WHEREAS , Bruce L . and Nancy G . Stamile and the County wish to avoid the risk , <br /> time and expense of litigation by entering into this agreement for sale and purchase of the <br /> 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 /> forth in this Agreement , a perpetual , non -exclusive drainage easement over , through and <br /> under that certain parcel of real property located at 4150 9th Street ( Oslo Road ) , Vero <br /> 1 <br />