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ORIGINAL . <br /> AGREEMENT TO PURCHASE , SELL , AND LEASE REAL ESTATE <br /> BETWEEN INDIAN RIVER COUNTY <br /> AND <br /> RICHARD L . GALLAGHER , JR . <br /> THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ( "Agreement' ) is <br /> made and entered into as of the 2 *3rclday of ,T „ nP , 2009 , by and between <br /> Indian River County , a political subdivision of the State of Florida ( "the County" ) , and <br /> Richard L . Gallagher, Jr . , ( Seller") , who agree as follows : <br /> WHEREAS , Richard L . Gallagher, Jr . owns property located at 6630 49th Street , <br /> Vero Beach , Florida . A sketch and legal description of the property is attached to this <br /> agreement as Exhibit "A" and incorporated by reference herein ; and <br /> WHEREAS , the County , is scheduled to expand 66th Avenue in the future and the <br /> road expansion will impact and affect the Gallagher 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 <br /> to 49th Street ; and <br /> WHEREAS , the County has contacted Richard L . Gallagher , Jr. and has offered to <br /> purchase approximately 0 . 425 acres of property from Richard L . Gallagher , Jr . to be used <br /> as right-of-way as depicted on Exhibit "A" (the Property) ; and has offered to purchase <br /> 0 . 134 acres of property from Richard L . Gallagher , Jr . to be used as an access easement <br /> for a sidewalk as depicted on Exhibit " B " ; and <br /> WHEREAS , the County is prepared to take the Property by using its power of <br /> eminent domain ; and <br /> WHEREAS , Richard L . Gallagher , Jr. and the County wish to avoid the risk , time <br /> and expense of litigation by entering into this agreement for sale and purchase of the <br /> 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 /> 1 <br />