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ORICINAL W . 0 5 - Ql?
<br /> S �
<br /> AGREEMENT TO PURCHASE , SELL , AND LEASE REAL ESTATE
<br /> BETWEEN
<br /> INDIAN RIVER COUNTY AND HERBERT T . JAMES , JR . , AS TRUSTEE OF
<br /> THE HERBERT T . JAMES , JR , REVOCABLE TRUST - 1991
<br /> THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ( "Agreement" ) is made and
<br /> entered into as of the 5th day of May , 2009 , by and between Indian River County ,
<br /> a political subdivision of the State of Florida ( "the County" ) , and Herbert T . James , Jr . ,
<br /> as
<br /> Trustee of the Herbert T . James , Jr . Revocable Trust- 1991 ( " Seller" ) , who agree as follows :
<br /> WHEREAS , the Herbert T . James , Jr . Revocable Trust 1991 , located at 53 `d Street , Vero
<br /> Beach , Florida . A sketch and legal description of the property is attached to this agreement as
<br /> Exhibit "A" and incorporated by reference herein ; and
<br /> WHEREAS , the County , is scheduled to expand 66th Avenue in the future and the road
<br /> expansion will impact and affect the Herbert T . James , Jr . Revocable Trust 1991 ' s property ; and
<br /> WHEREAS , in order for the County to proceed with its road expansion plans , the County
<br /> needs to purchase property to be used as right- of-way from landowners adjacent to 53rd Street ;
<br /> and
<br /> WHEREAS , the County has contacted Herbert T . James , Jr . , Trustee and has offered to
<br /> purchase an approximately 0 . 560 acre parcel of property from the Herbert T . James , Jr .
<br /> Revocable Trust 1991 to be used as right-of-way as depicted on Exhibit "A" (the Property) ; and
<br /> WHEREAS , the County is prepared to take the Property by using its power of eminent
<br /> domain ; and
<br /> WHEREAS , the Herbert T . James , Jr . Revocable Trust 1991 and the County wish to
<br /> avoid the risk , time and expense of litigation by entering into this agreement for sale and
<br /> 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 incorporated
<br /> herein
<br /> 2 . Agreement to Purchase and Sell . The Seller hereby agrees to sell to the County , and the
<br /> County hereby agrees to purchase from Seller , upon the terms and conditions set forth in this
<br /> Agreement , that certain parcel of real property located on the north side of 53rd Street west of
<br /> 66th Avenue , Vero Beach , Florida and more specifically described in the sketch and legal
<br /> description attached as Exhibit "A" , containing approximately 0 . 560 acres , and all improvements
<br /> thereon , together with all easements , rights and uses now or hereafter belonging thereto
<br /> (collectively , the " Property" ) .
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