Garcia, Eilsa
I).: .';:;' h TO q~n". ~:," A r. D1::, OPE. 1~""'V
~;:'...,=-~:..~~__J.. ~! 1~ . -' L ~ \...... -..!::.;..5' '> , , .... .. .t ~
The C; of G~ roy llereinafter referred to as tHe "City . ~.nd
;~ l ~sa GarCia here:naiter referred to .~ tl1e "OiJeror" alJree as fol.ows:
"
L1i.S dOC'L::; .~nt. :::.nd a gra..'1t deed is delivered to \Va.ter J.
[:oy,e, o~ his aqant, by the Offeror for acceptance or
return by tile Cl.ly.
2, The pro~)ert.y, wlllCb. 1.sjE's~rLbed on. the attCli:hed Exh~bit Al
wi!.: upon acceptance by U10 City be acqui.red lor Seven
"Tto:lsc:1.nd Ei:J~LtlU.,-:Cil':.'d Do :arB ($'7 "C'O Crl.
~, ._ ~ , ". ! , l..).' t "'J1.
:3. The property wl.J be conveyed free and Clear of all Hens
and encumbra11ces except exceptions numbered two as
shown on a preJ.iminary title report issued by Title Insurance
and Trust Company undel'Sscrow No. GY - 32 )833, dated
Febrllary 1 " lJm'.
4. Expenses
'l.~h~' City shall pay d.li costs of (?5GrOW, revenue stamps, if
requi.:.ed and authorized, and title insurance poHcj expenses.
Said escJ'C;\}j cnsts sbo.~', not, '1owaver, tnclude usua: ,illd
CL1sto~nary reconveyance fe';s, trustee's fees, fOr'.iJarolng
fees, or pem:.:ty (if any), for paYl.u.ent in Iud in advance of
maturity incurred in connection with discharge of any note
secured by a deed of t.rust or mortgage, whieh costs shall
be paid by the Optionor.
5. This ofier shall remain in effect exclusive and irrevocable
for 120 days irom the date hereof and thereafter until SO days
after receipt by the City of written notice of the Offeror's
intention to terrr..L'1ate this offer. I
6. Tile balance of Wlpald princlpal and lntereet due on any note
or notes secl.'~-ed by mort9a.qe 01! deed of trust on the real
property, and any prepaid penalties toqether with trustee's
fe.:..s, costs of recording, if any, shall be deducted from tne
total purchase price and paid to the persons entiUed tnereto.
7. At any time prior to the termination of this offer t the C1ty
may at its option elect to acquire the sai.d p~'operty by con-
demnation and filln~ro! an action 1n eminent domain rather
than by pure:. ase 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 fortn1n Paragraph
2 above.
8. Any and all loss or damage to the real property or any
improvements thereon occurring prior to the recordat1on 01
the deed shall be at the risk of the Offeror.
9. The 0tferor shall reta1n possession o! the property to be
conveyed up to and including the date of reeordaUon of deed.
All rents derived from sa.i:l property up to and lnclud1n9
sa1.d date shall be paid to the Offeror, but all rents paid for
occupancy after said date shall be pald to the City. Either
party hereto collecting rents to wh1ch the other party is
entitled shall forthwith pay such amount to the other as is
necessary to comply with Ule provisions of this paragraph.
] O. 'The Offeror warrants that there are no oral or written leases
on all or any portion of the prot;>erty exceeding a period of
one month and the Offeror further agrees to bold the City
h'll"rnles8 and reLmbtJ.rse the City for any and all of its losses
a.1ld expense5 oecasioned by reason of any lease of said pro-
perty held by a tenant of the OHeror for a period of more than
one month.
Ll. Th18 agreement shall be bindl.nq upon and inure to the ber1ef1t
of the heirs, successors and assigns of the parties hereto
and the City is expressly given the right to aaslqn tnts agree-
ment and its right hereunder.
Dated:
F> ~ c
X.... ..,: '^^- .' 'if~A>-A--
Offeror
Recommended for Acceptance:
THE CITY OF GILROY
<>OJ .4.
By /2;/"2~~4~'/;P~-;~.-~.~
11
,
Application :\0. CY-320933
~
,
1 \
...
lXlIIBIT A
All that certain real ~Hoperty situate in the City oC (;iJroy,
County of Santa Clara, State of Cal i forn b., des cr i1>ed as follo\\ls:
ilLGI~~I\G at an iron rille in the Southerly line of the 20 acre
tract of land conveyed by .1, E. Thomas to Peter Basarich bv Deed
dateJ \l:ly L), 1~)26, and recorded :'Iay 29,192<.), in Book 246 of
Official Records, page 137, Santa Clara County Records, distant
thereon Soutll 8So 41' ~\'est 04~).Sl feet from the \lortll\\lesterlv
corner of the 6.03 acre tract of land conveyed by l\rthur Ii. i~uehler
et ux to O1'Jo C. Cavin by Deed datecJ '-!arc]l 7, 1~q5, ::md recorded
;iarch 12, 1~45, in book 1243 of Ufficial !(ecords, page 375, Santa
Clara COUj1ty l:ecords, thence leaving said line and runn.in,l.; South 10
24' East 451.6:> [eet to an iron pipe in the line common to Lots 24
and 2S of the L:ls ;\n imas F<ancho, as 5 ho\.;n upon the ;.rap thereof
hereinafter referrcd to, from which 1)lpC the most Northh'csterly
corner of saiJ Lot 24 bears South 8~)O ~)2' 30" I.\'est 81~I,21 fcet
tllcncc .'Jorth b9c 32' 30" Last :J5.6b6 fcct;thcnce \orth 1" 24'
h"cst 453.11 fect to said Southcrly 1 inc of s:liJ 20 :lcrc tract first
a b 0 vcr e fer r cd to; the nee a Ion g s aid 1 in e Sou t h ~i 8 0 4 l' he s t 9 5 . 6 5 2
[cct to thc point of bcginninl', and i)cing a portion of Las i\nimas
Hancl! Lot 25. as sl101.,'n upon .jar, \0. 7, accor.:r>anyinp the final reflort
of the l~ererccs in tile partition acti.on had in the Sunerior Court
o [ the S tat (: 0 [ c: 11 i r 0 r n i a, i n an J for t ; lee 0 un t v 0 f San t a C Jar a .
e n tit 1 c: d, " It c n r ~' : i.i1 i ere tal, PIa i n tie r s v s. . I;} sse y T 11 01:1 as. eta 1
defendants, ,\ction .\0.553(1,"