Option by T A Trail
& wife and Nora M Creasey to State of WV (1955), Kanawha County, WV
OPTION TO PURCHASE LAND
THIS OPTION, Made this 4th
day of January, 1955, between Ida Trail and T A Trail, her husband; and Nora M
Creasey, widow; parties of the first part, and the State of West Virginia, by
the State Road Commission, a corporation, party of the second part.
WITNESSETH:
That for and in
consideration of the sum of ONE DOLLAR ($1.00) cash in hand paid, the receipt
of which is hereby acknowledged, the parties of the first part do hereby give
and grant unto the party of the second part the exclusive and sole right and
option to purchase for the construction hereinafter set forth, within the term
of Ninety (90) days after date hereof, the tract or parcel of land shown on the
plans and profile of State Road Project No. F-283 (7) Kanawha County, West
Virginia, as belonging to the parties of the first part, which said tract or
parcel of land will be described by metes and bounds in deed transferring title
thereto, together with a temporary construction easement for the construction
of slopes, cuts and fills as shown on plans profile and cross sections of said
State Road Project. All
improvements are retained by parties of the first part, which are to be removed
by them, at their own expense within 60 days after date of signing of
Deed. In the event that party of
the second part shall elect to exercise this option then the consideration to
be paid by the party of the second part to the parties of the first part for
the said land shall be the sum of FOUR THOUSAND NINE HUNDRED FIFTY ($4,950.00)
DOLLARS, payable in cash upon execution and delivery of a deed acceptable to
the party of the second part.
Parties of the first part
covenants and agrees that upon being notified by the party of the second part
at any time within the term stated herein, that said party of the second part
has elected to exercise its rights under this option, the party of the second
part, its agents and contractees shall be permitted to take possession of said
land, and the parties of the first part further covenants and agrees upon such
notice to make, execute and deliver deed of GENERAL WARRANTY of title to the
State of West Virginia conveying the said land and to execute a release
releasing the party of the second part from any and all claims for damages to
the residue of the said land that may be occasioned by the construction and
maintenance of a State Road over and upon the tract of land herein described.
Should the party of the
second part fail to exercise its rights hereunder, within the term stated
herein, then this option is to be void, otherwise to remain in full force and
effect.
WITNESS the following
signatures and seals.
[not signed by anyone]
STATE OF WEST VIRGINIA
COUNTY OF KANAWHA, to-wit
:
It [blank], a Notary
Public of the said County of Kanawha, do certify that Ida Trail and T A Trail,
her husband; and Nora M Creasey, widow, whose names are signed to the writing
above, bearing date on the 4th day of January, 1955,have this day acknowledged
the same before me in my said County.
Given under my hand this
[blank] day of [blank], 195_
[not signed]
Notary Public
My Commission expires
[blank] , 19__.