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AGREEMENT TO PURCHASE AND SELL UTILITY EASEMENT ��j' BETWEEN aQ %' - 139' INDIAN RIVER COUNTY AND HEON YONG KIM and AE JA KIM, HUSBAND AND WIFE THIS AGREEMENT TO PURCHASE A_N_D SELL REAL ESTATE ("Agreement") is made and entered into as of the 2lstday of; Juni ; 2011, by and between Indian River County, a political subdivision of the State of Florida ("the County"), 1801 27T" Street, Vero Beach, FL 32960 and Heon Yong Kim and Ae Ja Kim, his wife, 1921 Wyoming Avenue, Ft. Pierce, FL 34982-5636, ("Sellers"), who agree as follows: WHEREAS, Heon Yong Kim and Ae Ja Kim, his wife, own two contiguous parcels of property consisting of 1.941 acres located at 2106 U.S. Highway 1, Vero Beach, FL. The western edge of the property abuts U.S Highway 1. An aerial photograph depicting the properties is attached to this agreement as Exhibit "A" and incorporated by reference herein; and WHEREAS, the County, is scheduled to improve water and sewer service in the vicinity of the Seller's properties in the near future and the utility improvement will impact and affect the Seller's properties; and WHEREAS, in order for the County to proceed with its utility improvement plans, the County needs to purchase property to be used as utility easements from affected landowners; and WHEREAS, in order for the County to proceed with its improvement plans, the County needs to acquire an interest in property to be used as a utility easement from the Sellers; and WHEREAS, the County has contacted the Sellers and has offered to purchase a 6,370 square foot (0.146 acre) parcel of property from Seller to be used as a utility easement as depicted on Exhibit."B" attached and incorporated by reference herein (the Easement Property); and WHEREAS, the County is prepared to take the Properties by using its power of eminent domain; and WHEREAS, Sellers and. the County wish to avoid the risk, -time and expense of litigation by entering into this agreement for sale and purchase of the utility easement; NOW, THEREFORE, in consideration of the mutual terms, conditions, promises, covenants and premises hereinafter, the COUNTY and SELLER agree as follows: 1. Recitals. The above recitals are aff rmed as being true and correct and are 1 i