Res 2009-152 - Laserfiche WebLink

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M . Lan Lockwood, Andrews & Newnam, Inc. A LEO A DALY COMPANY CONSULTANT TO THE CITY OF SAN MARCOS Monday, October 05, 2009 County: Hays Federal Project: N/A Ellen Jaster 1600 E. McCarty Lane San Marcos, Texas 78666 Dear Mrs. Jaster, Parcel: 5 Highway: Loop 110 / McCarty Lane Our negotiations for highway right of way across your property have progressed to the point that you have indicated a willingness to sign a Deed in return for payment as agreed to in our previous discussions. It is thought to be in the best interests of both you and the City of San Marcos ("City") to confirm this agreement in order to avoid any possible misunderstanding as to the details of the purchase or the process by which the City will make payment. The property to be acquired by the City consists of a 0.129-acre tract and a 0.306-acre tract located in the 1600 block of E. McCarty Lane, San Marcos, Hays County, Texas. The right of way being purchased by the City of San Marcos has been thoroughly explained. The payment of the amount of $98,000.00 as herein agreed to will constitute full payment to be made by the City of San Marcos for the property to be conveyed to the City. The City and Owner have agreed to the following provisions: Until payment is made by the City, title and possession of the property to be conveyed remain with you. You shall bear all risk of loss to any and all such property prior to such payment. Either you or the City shall have the right to terminate this agreement. All personal property (items not affixed to the realty or structures) must be removed by November 30, 2009. Any items remaining on premises after November 30, 2009 will be deemed to have been abandoned, and will be disposed of at the discretion of the City. After the date of payment of the purchase price, you will be reimbursed for any fair and reasonable incidental expenses necessarily incurred in transferring title to the property for use by the City of San Marcos. Expenses eligible for reimbursement may include (1) recording fees, transfer taxes and similar expenses incidental to conveying the real property to the City and (2) penalty costs for prepayment of any preexisting recorded mortgage entered into in good faith encumbering the real property. Voluntary unnecessary expenses or expenses incurred in clearing questionable title will not be eligible for reimbursement. Eligible incidental expenses will be reimbursed upon submission of a claim supported by receipted bills or other evidence of actual expenses incurred. You may file a written request for review if you believe that the City failed to properly determine the eligibility for or the amount of incidental expenses to be reimbursed. There is no standard form on which to request a review of a claim; however, the claim must be filed with this office within six months after you are notified of the City's determination on any claim for reimbursement. 400 West Hopkins, Ste 203 • San Marcos, Texas 78666 • 512.396.4040 • Fax: 512.396.4046 • www.lan-inc.com