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