Habing, Bernard H.
OFFER TO SELL REAL PROPERTY
The City of Gilroy hereinafter referred to as the "City" and
Bernard H. Habing, Jr . 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 C; \ x: \\,\ouSJ+ND
S~VlP-.v "UV~RE..t> 14-u~ ~~Dollars ($~; 700d)O),
/
3. The property will be conveyed free and clear of all liens and
encumbrances except exceptions numbered two as shown on
a preliminary title report issued by Title Insurance and Trust
Company under Escrow No, GY -320925, 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
customary reconveyance fees, trustee 1 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 Offeror1s
intention to terminate this of fer.
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 prop-
erty 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 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 col-
lecting rents to which the other party is entitled shall forth-
with 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 me 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 right to assign this agreement
and its rights hereunder,
"
Dated:
'~~..d~~ 7/ ;~~?-;;U
/
Offeror
Recommended for Acceptance:
THE CITY OF GILROY
By,~~6.~~
~ ,
Applicati;)n
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GY-3":O:J2S
EXHIBIT A
All that certain real property situate in the County of Santa Clara,
State of California, descrihed as follows:
Part of Rancho Lot 25, as said Lot is shoHn upon ilap No. 7
accompanying the final report o[ the Referees in the Las Animas
Rancho Partition Suit, Action No. 5536 had in the Superior Court
of the State of California, in and for tIle County of Santa Clara,
and ~ore particularly those parts of said Lot descrihed as follows:
BEGnrHNG at a ?oint in the Southerly line of the twenty acre
tract conveyed to Peter Rasarich by Deed recorded in Book 246
of Official r~ecords, at par,e 137, distant thereon IlJesterly South
88041' West 186.82 feet from the most Northwesterly corner of
the 6.03 acre tract of land conveved bv Buehler to Cavin hv Deed
recorded i.larch 12, 1945, in the Office' of the County l~ecor~ler of
Santa Clara County, in Book 1243 at Page 375, under Recorder's
Serial No. 339403, Official r~ecorcls; running thence South 1024' East
to the line cornman to Ranch Lots 24 and 25; thence South 89032'30"
Ilest 94.43 feet; thence North 1024' West to the Southerly line of
the aforesaid twenty acre tract conveyed to Peter Basarich, and
thence North 88041' East 94.43 feet to the point of beginning,
and being a part of the 32.65 acre tract of land conveyed by
,\1. E. Thomas to Arther II. I3uehl er by Deed recorded Apr i 1 2,
1927, in Rook 307 of Official Records, at page 463.
(WE NOTE BUT DO NOT INSURE) an Easement for ingress and egress
over a strip of land SO feet in width, extending from Monterey
Road to Wren Avenue, and lying inmediately South of and contiguous
to the Southerly line of the 20 acre tract of land described in
the Deed from M. E. Thomas to Peter Basarich, recorded in Rook
246 Official Records, page 137.
(WHEN DRAIHNG PAPERS mlIT PORTION IN BRACKETS AND SUBSTITUTE
TlIEREFOr~ THE WORDS "TOGETHER WITH")