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4 <br /> AGREEMENT TO PURCHASE AND SELL REAL ESTATE <br /> BETWEEN <br /> JANIE E . GREENE AND <br /> ELLIS AND KATHLEEN GREENE , HUSBAND AND WIFE <br /> AND <br /> INDIAN RIVER COUNTY <br /> THIS AGREEMENT TO PURCHASE AND SE L REAL ESTATE ("Agreement" ) <br /> is made and entered into as of the / A' day of , 2009 , by and between <br /> Indian River County , a political subdivision of the Sta a of Florida ( "the County" ) , and <br /> Janie E . Greene , a single adult as to an undivided 65 % interest AND Ellis Greene and <br /> Kathleen F . Greene , husband and wife , as to an undivided 35% interest , as Tenants in <br /> Common with no rights of survivorship ("Sellers" ) , who agree as follows : <br /> WHEREAS , Sellers own property located at the northeast comer of 53`d Street <br /> and 66`h Avenue , Vero Beach , Florida . A sketch and legal description of the property is <br /> attached to this agreement as Exhibit "A" and incorporated by reference herein ; and <br /> WHEREAS , the County , is scheduled to expand 66th Avenue in the near future <br /> and the road expansion will impact and affect the Sellers' 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 <br /> adjacent to 66th Avenue ; and <br /> WHEREAS , the County has contacted Sellers and has offered to purchase a <br /> 0 . 81 acre parcel of property from Sellers to be used as right-of--way as depicted on <br /> Exhibit "A" (the Property) ; and <br /> WHEREAS , Sellers are represented by Raymer F . Maguire III of the law firm of <br /> Fixel , Maguire & Willis , 1010 Executive Center Drive , Suite 121 , Orlando , Florida ; and <br /> WHEREAS , the County is prepared to take the Property by using its power of <br /> eminent domain ; and <br /> WHEREAS , Sellers 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 Sellers agree as follows: <br /> 1 . Recit@ls . The above recitals are affirmed as being true and correct and are <br /> incorporated herein <br />