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REAL ESTATE SALES CONTRACT <br />and Escrow Instructions <br />■ THIS CONTRACT is made and entered into as of this__ day of 1994, by and <br />between the CTTY OF COLTON, a California Municipal corporation, as Seller, and THE ATCIUSON, TOPEKA <br />AND SANTA FE RAtLwAY COMPANY, a Delaware Corporation as Purchaser. <br />■ Seller hereby agrees to sell and convey by Grant Deed to Purchaser all the following real estate, situated <br />in San Bernardino, San Bernardino County, California described in Exhibit "A" attached. <br />■ The purchase price is the sum of ONE DOLLAR AND TwENTMVE CENTS ($1.25), per square foot (on <br />133,093 square feet of land), less SEVENTY CENTS- ($0.70) per square foot for land encumbered by the <br />easement (4,382 square feet) for ingress, egress .and waterline purposes, as reserved in said Exhibit "A", <br />payabfe in cash, or by electronic wire transfer within two working days after the close of escrow. Total area <br />of square -footage is to be determined by a stWvey prior to closing. <br />■ Seller will famish to Purchaser at Purchaser's expense a Title Insurance Policy showing title vested in the <br />Purchaser and that Seller is conveying title free of liens, encumbrances, easements, rights and conditions except <br />as follows: Easements and Rights of Way of record, Easement of ingress, egress and waterline purposes, as <br />reserved to CITY OF COLTON in said Exhibit "A" and all water rights of CITY OF COLTON. <br />■ Seller will retain in the title transfer document all subsurface Water Rights. <br />■ Seller will retain by reservation in the title transfer document a Fee interest for the purpose of Water <br />Well Site, together with the right of ingress and egress for the repair and maintenance of the same as <br />long as said Water Well Site shall exist. In the event the Water Well Site, ceases to be used <br />for mu purpose, is abandoned, or is capped and/or plugged then the Fee interest reserved will become null anu <br />void and shall absolutly revert and be released to Purchaser, its successor or assigns, and Seller shall at the <br />request of Purchaser, its successor or assigns, issue a release without any costs to Purchaser, <br />■ Seller will retain by reservation in the title transfer document a Non-exclusive Easement for Waterline <br />purposes serving Water Well Site, together with the right of ingress and egress for the repair and <br />maintenance of the same as long as said Waterline exist. In the event the waterline ceases to be used for said <br />purpose, is abandoned, or becomes unusable then the Easement will become null and void and shall absolutly <br />revert and be released to Purchaser, its successor or assigns, and Seller shall at the request of Purchaser, its <br />successor or assigns, issue a release without any costs to Purchaser. <br />■ The expense of any land surveying to be performed will be paid by the Purchaser. <br />■ The Escrow Agent and Title Insurer shall be mutually agreed upon by Purchaser and Seller prior to <br />opening of Escrow. <br />■ Property taxes, shall be prorated as of the close of escrow. <br />■ Any outstanding bonds or assessments on the property shall be paid by the Seller, prior to closing. <br />■ Any existing mortgage indebtedness against the property is to be paid by the Seller, prior to closing. <br />■ Possession of the property is to be delivered to the Purchaser upon close of escrow. <br />■ Escrow expense shall be paid by the Purchaser. <br />■ All Taxes associated with the transfer of this Real Estate shall be paid by the Purchaser. <br />pep 1 of 2 <br />