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AGREEMENT TO PURCHASE AND SELL REAL ESTATE <br /> BETWEEN <br /> GARY D . BROWN , TRUSTEE <br /> OF THE GARY D . BROWN REVOCABLE TRUST <br /> AND <br /> INDIAN RIVER COUNTY <br /> THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ( "Agreement" ) <br /> is made and entered into as of the 9th day of lune 2009 , by and between <br /> Indian River County , a political subdivision of the State of Florida ( "the County" ) , and <br /> Gary D . Brown , Trustee ( " Seller" ) , who agree as follows : <br /> WHEREAS , Gary D . Brown , Trustee owns a 34 . 49 ± acre parcel of property <br /> located at the corner of 53 "J Street and 66 `h Avenue in Vero Beach , Florida . A sketch <br /> and 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 expand 66'h Avenue in the near future <br /> 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 property to be used as right- of-way from landowners <br /> adjacent to 66t1' Avenue ; and <br /> WHEREAS , the County has contacted Seller and has offered to purchase a <br /> 6 . 331 acre parcel of property from Gary D . Brown , Trustee , to be used as right- of-way <br /> as depicted on Exhibit "A" ( the Property ) ; and <br /> WHEREAS , Gary D . Brown , Trustee , is represented by Raymer F . Maguire III of <br /> the law firm of Fixel , Maguire & Willis , 1010 Executive Center Drive , Suite 121 , Orlando , <br /> Florida ; and <br /> WHEREAS , the County is prepared to take the Property by using its power of <br /> eminent domain ; and <br /> WHEREAS , Seller and the County wish to avoid the risk , time and expense of <br /> litigation by entering into this agreement for sale and purchase of 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 /> Page 1 of 6 <br />