Arias, Dorothy
OFFER TO SELL R.EAL PROPERTY
The City of Gilroy hereinafter referred to as the "City" and
Dorothy Arias hereinafter referred to as the "Offeror" agree as
follows:
1. This document and a grant deed is delivered to Walter
J. Doyle, or his agent, by the Offeror for acceptance
or return by the City.
2. The property, which is described on the attached
Exhibit A, will upon acceptance by the City be acquired
for f\Jt.- "n~f)oS~AJ1J AfI~E..- \..U)NDRE.r\ ~D ~~/~'-Dollars
/
($ ~~100. 00 ).
3. The property will be conveyed free and clear of all
liens and encumbrances except exception number one
as shown on a preliminary title report issued by Title
Insurance and Trust Company under Escrow No. SJ-
320jtft, dated February 10, 1969.
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4. Expenses
The City shall pay all costs of escrow, revenue stamps,
if required and authorized, and title insurance policy
expenses. Said escrow costs shall not, however, include
usual and customary reconveyance fees, trustee's fees
forwarding fees, or penalty (if any), for payment in full
in advance of maturity incurred in connection with dis-
charge of any note secured by a deed of trust or mortgage,
which costs shall be paid by the Optionor.
5. This offer shall remain in effect exclusive and irrevocable
for 120 days from the date hereof and thereafter until 30
days after receipt by the City of written notice of the
Offeror I s intention to terminate this offer.
6. The balance of unpaid principal and interest due on any
note or notes secured by mortgage or deed of trust on the
real property, and any prepaid penalties together with
trustee IS fees, costs of recording, if any, shall be deducted
from the total purchase price and paid to the persons entitled
thereto.
7. At any time prior to the termination of this offer, the City
may at its option elect to acquire the said property by con-
demnation and filing of an action in eminent domain rather
than by purchase and conveyance through said escrow. In
such event, the Offeror agrees that the judgment for the total
amount of damages to be awarded for the taking of said pro-
perty in fee shall not exceed the sum set forth in Paragraph
2 above.
8. Any and all loss or damage to the real property or any
improvements thereon occurring prior to the recordation of
the deed shall be at the risk of the Offeror.
9. The Offeror shall retain possession of the property to be
conveyed up to and including the date of recordation of deed.
All rents derived from said property up to and including said
date shall be paid to the Offeror, but all rents paid for occu-
pancy after said date shall be paid to the City. Either party
hereto collecting rents to which the other party is entitled
shall forthwith pay such amount to the other as is necessary
to comply with the provisions of this paragraph.
10. The Offeror warrants that there are no oral or written leases
on all or any portion of the property exceeding a period of
one month and the Offeror further agrees to hold the City
harmless and reimburse the City for any and all of its losses
and expenses occasioned by reason of any lease of said pro-
perty held by a tenant of the Offeror for a period of more
than one month.
11. This agreement shall be binding upon and inure to the benefit
of the heirs, successors and assigns of the parties hereto
and the City is expressly given the right to assign this agree-
ment and its rights hereunder.
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Dated:
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Offeror
R.ecommended for Acceptance:
THE CITY OF GILROY:
By
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Mayo r
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Application ~o. SJ-320932
A
EXHIBIT A
All that certain real prop~rty situate ir-. the City of Gilroy,
County of Santa Clara, State of California, described as follows:
B[n~G a part of Rancho Lot 25 as said Lot is shown upcn ~lap
);0. 7 ~,ccompanying the final report of the Rcf~rces in the
Las Animas Hanchc P2rtition Suit, Actior. ;'Jo. 5536, had in the
Superior Court of the State of Californi~ in and for the County
of Santa Clara, a~d mors particularly these parts of said Let
described ~s fellows:
COMMENCI:'-IG at a pelEt in the Southerly line cf the 20 acre
tract convcyod to Peter Basarich by deed recorded in Rock 246
of Official Recards, at page 137, i~ the offic~ of the County
Recorder of the County of Santa Clara, State of California,
distant there;:.!: South 8So 41' ilDst 853.858 fl;~t from the most
\orthwestcrly cerner of the 6.03 acre tract conveyed by Buchl~r
to C:..vin by deed recorded >Iarch 12, 194::> i::. tJlc s~id County
Recorder's cffica under Recorder's Serial No. 339403, and running
thence ~orth 8So 41' East alo::g the Southerly line of the said
20 acre tract 95.652 feet; thence South 1024' East.tc a point
in the c~mmon line between ranch Lots 24 and 25; thence South
89032' 30" h'Gst 95.666 f~~t; thence i\crth 1024' Wt;st to the
point of beginning.
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FUNDS REC'D
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