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AGREEMENT TO PURCHASE AND SELL REAL ESTATE BETWEEN JOANNE L . DOWLING AND INDIAN RIVER COUNTY THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ("Agreement") is made and entered into as of the 8th day of January , 2008 , by and between Indian River County, a political subdivision of the State of Florida ("the County") , and JoAnne L . Dowling (" Seller" ) , who agree as follows: WHEREAS , JoAnne L . Dowling owns property located at 4660 67th Avenue , Vero Beach , Florida . A sketch and legal description of the property is attached to this agreement as Exhibit "A" and incorporated by reference herein except that the size of the property is not 34 ,854 square feet and is actually 31 ,799 square feet; and WHEREAS, the County, is scheduled to expand 66th Avenue in the near future and the road expansion will impact and affect JoAnne L . Dowling ' s property ; and WHEREAS, in order for the County to proceed with its road expansion plans , the County needs to purchase property to be used as right-of-way from landowners adjacent to 66`h Avenue ; and WHEREAS , the County has contacted Seller and has offered to purchase a 31 ,799 square foot (. 73 acre ) parcel of property from JoAnne L . Dowling to be used as right-of-way as depicted on Exhibit "A" (the Property); and WHEREAS , JoAnne L . Dowling is represented by Raymer F . Maguire III of the law firm of Fixel , Maguire & Willis, 1010 Executive Center Drive , Suite 121 , Orlando , Florida ; and WHEREAS , the County is prepared to take the Property by using its power of eminent domain ; and WHEREAS, Seller and the County wish to avoid the risk , time and expense of litigation by entering into this agreement for sale and purchase of the Property; 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 affirmed as being true and correct and are incorporated herein 1