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AGREEMENT TO PURCHASE AND SELL REAL ESTATE <br />BETWEEN INDIAN RIVER COUNTY <br />AND <br />GARY M. RUST & LINDA M. RUST <br />THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ("Agreement") is <br />made and entered into as of the day of , 2018, by and between Indian <br />River County, a political subdivision of the State of Florida ("the County"), and Gary M. Rust <br />and Linda, M. Rust ("the Seller) who agree as follows: <br />WHEREAS, Seller owns property located at 6680 65th Street, Vero Beach, Florida. <br />A legal description of the property is attached to this agreement as Exhibit "A" and <br />incorporated by reference herein; and <br />WHEREAS, the County is scheduled to do road improvements on 66th Avenue <br />between 49th Street and 81St Street in the future and the road expansion will impact the <br />Seller's 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 along and <br />adjacent to 66th Avenue; and <br />WHEREAS, the County contacted the Seller and offered to purchase right-of-way of <br />approximately 1,191 square feet or 0.03 acres of property as depicted on Exhibit "B", and <br />WHEREAS, the County also needs a 10 foot Temporary Construction Easement <br />(TCE) from Seller as described on Exhibit "C" attached to facilitate the Project, and <br />WHEREAS, the Parties agree this is an arm's length transaction between the Seller <br />and the County, without the threat of eminent domain. <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 that certain parcel of real property located at 6680 65th Street, Vero <br />Beach, FL and more specifically described in the legal description attached as Exhibit "B", <br />fee simple, containing approximately 1,191 square feet, all improvements thereon, together <br />with all easements, rights and uses now or hereafter belonging thereto (collectively, the <br />"Property"). <br />13 <br />