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.
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_
My Commission expires [blank] , 19__.