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1 <br /> 1 . The above recitals are affirmed as being true and correct and are thereby incorporated <br /> herein. <br /> 2 . Murphy Deed Exchange for Right-of-Way : Indian River County Public Works <br /> Department desires to acquire right-of-way from DEVELOPER to meet County ultimate right-of- <br /> way needs . The COUNTY holds Murphy Deeds to property contained on DEVELOPER ' S site , <br /> which will not be needed by County to meet ultimate right-of-way needs . COUNTY agrees to <br /> convey to DEVELOPER the portions of land held by Murphy Deed on DEVELOPER ' S site <br /> consisting of 2 . 49 acres of land as depicted on Exhibit ` B " . In exchange , DEVELOPER shall <br /> convey an equal area of property to COUNTY to be used as right-or-way, to meet COUNTY ' S <br /> ultimate right-of-way needs along 27th Avenue SW and 20th Avenue SW. The lands to be conveyed <br /> are depicted in Exhibit ` B " attached and incorporated herein. The conveyance shall be made on or <br /> before October 15 , 2004 . <br /> 3 . 20th Avenue SW Right-of--Way Currently, the right-of-way width of 20th Avenue SW <br /> directly abutting DEVELOPER ' S property is 35 ' wide . DEVELOPER shall convey to COUNTY , <br /> without compensation, an additional 25 ' of property along 20th Avenue SW to be used as right-of- <br /> way to meet COUNTY ' S minimum 60 ' right-of-way width. The property to be conveyed is depicted <br /> in Exhibit "C " attached and incorporated herein. The conveyance shall be made on or before <br /> October 15 , 2004 . <br /> 4 , Additional Purchase of Right-of-Way for 20th Avenue SW and 21st Street SW In <br /> addition to the right-of-way conveyed in Paragraphs 2 and 3 above, COUNTY desires to obtain an <br /> additional 2 . 01 acres of right-of-way to meet ultimate right-of-way needs for 20th Avenue SW and <br /> 21st Street SW . COUNTY agrees to purchase additional property from DEVELOPER so that the <br /> ultimate right-of-way needs for 20th Avenue SW and 21st Street SW are met . The lands to be <br /> purchased are depicted on Exhibit "D" attached and incorporated herein. The COUNTY shall pay <br /> DEVELOPER $ 13 , 000 . 00 per acre for the property for a total purchase price of $ 26 , 130 . 00 . The <br /> purchase shall be made on or before October 15 , 2004 . <br /> 5 . Landscaping of 21st Street SW Right-of--Way DEVELOPER shall landscape the 21st <br /> Street SW right-of-way area, provide for irrigation for the landscaping and shall maintain the <br /> landscaping. DEVELOPER shall install floratam sod to the edge of the 21 st Street SW pavement, <br /> two (2) flowering under story trees per 30 linear feet together with some flowering or decorative <br /> shrubs to accent the right of way. <br /> 2 <br /> HAFalcon Trace\Falcon Trace dev-Agr5 . doc <br />