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0 <br />Iri <br />UNION <br />PACIFIC <br />IIIII� <br />ORIGINAL <br />August , 2013 <br />Folder: 02349 -60 <br />VIA UPS Overnight <br />RETURN RECEIPT REOUESTED <br />JAMES R. NUSE, P.E., CITY MANAGER <br />CITY OF SAN MARCOS <br />630 E. HOPKINS <br />SAN MARCOS, TEXAS 78666 <br />Dear Mr. Nuse: <br />This letter ( "Agreement ") confirms our understandings covering the possible sale by Union Pacific <br />Railroad Company ( "Seller ") to CITY OF SAN MARCOS ( "Buyer ") of Seller's interest in certain real <br />property in San Marcos, Texas. <br />For and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, <br />the undersigned will recommend to Seller's Management a sale of the Property on the following terms <br />and conditions: <br />Article 1. Description of Property: <br />A. The Property is approximately 1.851 acres as shown on the print attached hereto as <br />Exhibit A and made a part hereof. The legal description of the Property will be <br />determined by Survey provided by Buyer. Survey will be at the sole cost and expense of <br />Buyer. Survey will depict all facilities affecting the property. <br />B. Before finalizing any survey, Buyer shall submit the draft survey to Seller for review and <br />approval. Computer files of the survey and legal descriptions shall be sent via e-mail to <br />JLHILD @UP.COM, with a subject line referencing the UPRR Folder Number 02349 -60 <br />assigned to this document. Buyer shall deliver a certified copy of the completed survey <br />to Seller within forty five (45) days after Buyer's execution of this Agreement ( "Survey <br />Period "). Delay in obtaining or furnishing the survey to Seller shall in no event give <br />Buyer the right to extend the Closing Date (as defined in the `Closing — Default:' <br />Article). <br />Article 2. Sale Price: <br />A. The sale price ( "Sale Price ") for the Property shall be Four Hundred Twenty Three <br />Thousand Three Hundred Five Dollars ($423,305.00). <br />Union Pacific Railroad Real Estate 1400 Douglas Street Stop 1690 Omaha, Nebraska 68179 -1690 fx. (402) 501 -0340 <br />