|
<br />~
<br />
<br /><i ~" '
<br />
<br />/
<br />!
<br />
<br />STATE OF TEXAS X
<br />
<br />COUNTY OF HAYS
<br />
<br />I
<br />
<br />This agreement granting an exclusive option and right to pur-
<br />chase is made and entered into on this the ~,. day of February,
<br />1967, by A. N. Moon of San Marcos, Texas, i favor of the City of San
<br />Marcos, a municipal corporation created under the laws of the State of
<br />Texas, witnesseth:
<br />
<br />WHEREAS, by virtue of a contract of purchase and sale, execu-
<br />ted by and between the said A. N. Moon and Sarah D'Spain, a widow of
<br />San Marcos, Texas, as of February 7, 1967, the said Sarah D'Spain has
<br />agreed to sell and convey to the said A. N. Moon, and he has agreed to
<br />purchase from the said Sarah D'Spain, that real property situated in
<br />the City of San Marcos, Texas, namely, seventy-five (75) feet off of
<br />the Northeast end of Lot No. One (1) in Block No. One (1) of the C. L.
<br />McGehee Addition to the City of San Marcos, according to the map or
<br />plat thereof recorded in Volume H, page 573, Hays County Deed Records,
<br />said portion of said lot having a frontage of seventy-five feet on the
<br />Northwest line of West Hopkins Street, and extending back therefrom
<br />133.33 feet between parallel lines, for the full depth of said lot, one
<br />of said parallel lines being the Southwest line of Blano Street. The
<br />above-described real property is the same as that conveyed in deed
<br />from Mrs. Jimmie Elsie Terrell, et al, to Allen D'Spain, dated August
<br />16, 1943, and recorded in Vol. 127, page 532, Hays County Deed Records;
<br />and
<br />
<br />WHEREAS, said City of San Marcos is desirous of securing an
<br />option to purchase said real property, said A. N. Moon being willing
<br />to grant such option on the terms and provisions hereinafter set out;
<br />
<br />I
<br />
<br />NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS, that in con-
<br />sideration of the sum of Ten Dollars ($10.00), cash in hand paid, the
<br />receipt and sufficiency of which is hereby acknowledged and confessed,
<br />I, the said A. N. Moon, do hereby give and grant unto said City of San
<br />Marcos, its successors and assigns, the exclusive option and right to
<br />purchase, for a period of twelve (12) months from date hereof, upon
<br />the terms and provisions set out herein below, the real property above-
<br />described.
<br />
<br />Exercise of this option shall be in writing, either delivered
<br />to me in person or by certified or registered mail, prior to the ex-
<br />piration of the time granted by this option as hereinbefore set forth.
<br />
<br />The terms and provisions of purchase shall be as follows:
<br />
<br />1. Purchaser, the said City of San Marcos, is to pay a total
<br />consideration of Eleven Thousand One Hundred Dollars ($11,100.00) in
<br />cash at the time of consummation of purchase.
<br />
<br />2. All expenses of consummating said purchase, no matter of
<br />what nature, shall be borne exclusively by the said City of San Marcos.
<br />
<br />3. Upon exercise of this option, the sale of said real pro-
<br />perty, as contemplated hereby, shall be consummated within ten (10)
<br />days from the date of delivery of notice of such exercise.
<br />
<br />,
<br />
<br />4. I agree to deliver to said City of San Marcos a good and
<br />sufficient general warranty deed conveying the above-described real
<br />property in fee simple to said City of San Marcos contemporaneously
<br />with delivery by said City to me of the consideration set out in Sec-
<br />tion 1 hereof. Such conveyance shall be free of all encumbrances,
<br />easements and liens.
<br />
|