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Contract to Sell Real Estate for Highway Purposes (A Fully Controlled Access Facility)

State:
Multi-State
Control #:
US-RE-C-1990-9
Format:
Word; 
Rich Text
Instant download

Description

This is a sample form whereas the undersigned does give to the State Highway Commission upon terms, the right to purchase real estate for use of highway purposes.

A Contract to Sell Real Estate for Highway Purposes (A Fully Controlled Access Facility) is an agreement between a seller and a buyer in which the seller agrees to transfer ownership of certain real estate to the buyer for use in constructing a highway. The contract typically outlines the terms and conditions of the sale, including the purchase price, a description of the property, and any restrictions or requirements that the buyer must meet. It may also specify the right of the buyer to access the property and make any necessary improvements to it. Different types of Contracts to Sell Real Estate for Highway Purposes (A Fully Controlled Access Facility) may include: 1) Right of Entry Agreement; 2) Easement Agreement; 3) Lease Agreement; 4) Purchase Agreement; 5) Option Agreement; 6) Construction Agreement; and 7) Permit Agreement.

Definition and meaning

The Contract to Sell Real Estate for Highway Purposes (A Fully Controlled Access Facility) is a legal document that outlines the agreement between a property owner (Grantor) and the State Highway Commission (Grantee) for the sale of property intended for highway use. This contract provides the grantee the right to purchase specific real estate while excluding certain minerals and hydrocarbons from the sale, ensuring that these resources do not hinder the highway's surface use.

Key components of the form

The main components of this contract include:

  • Grantor and Grantee Information: Details about the property owner and the State Highway Commission.
  • Legal Description: A specific description of the property involved in the transaction.
  • Access Types: Indication of access control levels (uncontrolled, partially controlled, fully controlled).
  • Maintenance Agreement: Terms regarding maintenance responsibilities for the highway facility.

How to complete a form

To fill out the Contract to Sell Real Estate for Highway Purposes, follow these steps:

  1. Enter Grantor Information: Provide the name and address of the property owner.
  2. Enter Grantee Information: Include the name of the State Highway Commission.
  3. Legal Description: Accurately describe the real estate to be sold.
  4. Access Type: Specify the type of access applicable to the property.
  5. Review Terms: Carefully read the terms of the agreement, including the maintenance responsibilities.

Who should use this form

This form is ideal for property owners who are selling land to the State Highway Commission for the development or expansion of highway facilities. Users include private individuals or businesses with land adjacent to proposed highway projects. It is suitable for those looking to comply with state regulations while ensuring fair compensation for their property.

Legal use and context

This contract serves as a legally binding agreement in real estate transactions specifically related to public highway projects. It ensures that property owners are compensated for their land while maintaining legal rights over certain mineral resources. Understanding the local laws regarding property sales for government purposes is crucial, as regulations may vary by state.

Common mistakes to avoid when using this form

When completing the Contract to Sell Real Estate for Highway Purposes, be cautious of the following common mistakes:

  • Incomplete Information: Ensure all required fields are filled out correctly.
  • Incorrect Legal Description: Make sure the property's legal description is accurate to avoid future disputes.
  • Ignoring Access Types: Specify the correct level of access to prevent complications.

Benefits of using this form online

Utilizing online resources to download and complete the Contract to Sell Real Estate for Highway Purposes offers several benefits, including:

  • Convenience: Access the form at any time and from any location.
  • Up-to-Date Information: Obtain the latest version of the document, ensuring compliance with any recent legal changes.
  • User-Friendly: Many online platforms provide guidance on filling out the form, making it accessible for users without legal experience.

How to fill out Contract To Sell Real Estate For Highway Purposes (A Fully Controlled Access Facility)?

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FAQ

Minimum width of rights-of-way. The minimum width of the right-of-way required for the construction, maintenance and safe operation of state highways is hereby fixed at sixty-six feet.

What is the State's minimum right-of-way width? The NCDOT requires 45 feet for local subdivision roads. Collector roads require 50 feet; five lane highways require 80 feet and cul-de-sacs must have a 50 foot right of way radius. 10.

As a pedestrian, you must: Yield to traffic before crossing when there is not a crosswalk. Follow the directions of any crossing signs or control devices. Stay on the sidewalk if one is present. If no sidewalk is present, you must walk on the shoulder of the roadway.

Right-of-way defined. "Right-of-way" is the right of one vehicle or pedestrian to proceed in a lawful manner in preference to another vehicle or pedestrian approaching under such circumstances of direction, speed and proximity as to give rise to danger of collision unless one grants precedence to the other.

Roads without curb and gutter shall have a minimum right-of-way of sixty-six (66) feet, although curb and gutters shall be installed on all paved roads unless the county engineer determines that another system is acceptable.

Right-of-way defined. "Right-of-way" is the right of one vehicle or pedestrian to proceed in a lawful manner in preference to another vehicle or pedestrian approaching under such circumstances of direction, speed and proximity as to give rise to danger of collision unless one grants precedence to the other.

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Contract to Sell Real Estate for Highway Purposes (A Fully Controlled Access Facility)