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Campa, Jesus OFFER TO SELL REAL PROPERTY The City of Gilroy hereinafter referred to as the "City" and Jesus Campa hereinafter referred to as the tlOfferor" 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 ~cePtanc: by the City be acquired for ~ ~4-'.uL ~ Dollars ($ ~rtJD ). 3. The property will be conveyed free and clear of all liens and encumbrances except exceptions numbered two and eight as shown on a preliminary title report issued by Title Insurance and Trust Company under Escrow No. GY - 320927 JL, dated February 10, 1969. 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 custo- mary reconveyance fees, trustee's fees, forwarding fees, or penalty (if any), for payment in full in advance of maturity incurred in connection with discharge 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 IS 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's 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 property in fee shall not exceed he sum set forth in Paragraph 2 above. 8. Any and all loss or damage to the real property or any improve- ments 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 occupancy 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 property 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 righ t to assign this agreement and its rights hereunder. Dated: '# 't;- . ..' - ~ ~ J .{ -\1 /' .- , 4~/ Offeror Hecommended for Acceptance: THE CITY OF GILROY: By 7/~ .. . Application No. GY-320927 A EXHIBIT A All that certain real property situate in the City of Gilroy, County of Santa Clara, State of California, described as follows: PARCf:L ONE Being a part of Rancho l.ot 25 as said Lot is sho,'ln upon ~.!ap ~:o. 7 accompanyinr the final report of the Referees in the Las Animas R~ncho Partition Suit, Action ~o. S53b had in the Superior Court of the State of California, in and for the County of Santa Clara, and more particularly that part of said Lot des c rib e d a s foIl m<l5 : Berinning at a point which point is South 880 41' West 471.25 feet and South 10 24' E~st 150 feet from the Northwesterly corner of the 6.03 acre tract of land conveyed hy Buehler to Cavin by deed recorded in the office of the County RecorJer of the County of Santa Clara, State of California, March 12, 1945, under Recorder's Serial No. 339403, which s~id point of beginning is also the Southwesterly corner of the tract of land conveyed this day by the grantors herein to ~!ary Al tamirano; running thence South 10 24' East 200 feet; thence North 890 32' 30" East 95 feet, more or less, to a point on a line South 10 24' East 200 feet from the Southeasterly corner of the tract of land at'ove referred to this day conveyed by the grantors to Mary Altamirano; thence North 10 24' West to the said Southeasterly corner of the said Al tami rano trClc t; thence South 8 ~)O 32' 30" Hes t to the poi n t of bep,inning. PARCEL TWO A non-exclusive right of ~~y over a strip of land 10 feet in Hidth the centerline of which is the E:lsterly line of the above described Parcel One and the Northerly prolonp,ation of said Easterly line to the Southerly line of the 50 foot strip of land excepted in the deed from E. ~'. Crum, et UX, to Boss Reed, recorded June 3, 1946 in Rook 1349 Official records, p~gc 431. J~xceptinr therefroM that portion lying within the above described Parcel One.