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