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doo - a3 <br /> AGREEMENT TO PURCHASE AND SELL REAL ESTATE <br /> BETWEEN <br /> MARY DABNER AS SUCESSOR PLENARY GUARDIAN OF THE <br /> PERSON AND PROPERTY OF ELVESTER B . MOWATT <br /> AND INDIAN RIVER COUNTY <br /> THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ( "Agreement" ) <br /> is made and entered into as of the 8th day of September , 2009 , by and between <br /> Indian River County , a political subdivision of the State of Florida ( "the COUNTY" ) , and <br /> Mary Dabner as successor plenary guardian of he person and property of Elvester B . <br /> Mowatt ( "SELLER" ) , who agree as follows : <br /> WHEREAS , SELLER owns property located at 8540 64th Avenue , Sebastian , <br /> Florida . A property sketch and legal description and a print out from the Indian River <br /> County Property Appraiser' s website of the property is attached to this agreement as <br /> Composite Exhibit "A" and incorporated by reference herein ; and <br /> WHEREAS , the COUNTY, is scheduled to expand CR 590 in the near future and <br /> the road expansion will impact and affect Ms . Mowatt' s property; and <br /> WHEREAS , in order for the COUNTY to proceed with its road expansion plans , <br /> the COUNTY needs to purchase property to be used as rlght-of-way from landowners <br /> adjacent to CR 510 Avenue ; and <br /> WHEREAS , SELLER is represented by Raymer F . Maguire , III of the law firm of <br /> Fixel , Maguire & Willis , 1010 Executive Center Drive , Suite 121 , Orlando , 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 <br /> of 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 /> 2 . Agreement to Purchase and Sell . The SELLER hereby agrees to sell to the <br /> COUNTY , and the COUNTY hereby agrees to purchase from SELLER , upon the terms <br /> and conditions set forth in this Agreement, that certain parcel of real property located at <br /> 8540 64th Avenue , Sebastian , Florida and more specifically highlighted in the color <br /> orange In the sketch attached as Exhibit "A" , containing approximately . 28 ( . 175 + . 105 ) <br /> Page 1 of 7 <br />