Montes, Sara and Frances
OFFER. TO SELL REAL PROPERTY
The City of Gilroy hereinafter referred to as the !ICity" and Sara
Montes and Frances Montes, Antonia Montes, Lusille Montes, and
Lucy Montes Garcia 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 Eleven Thousand
One Hundred Forty Dollars ($ 11, 140 ).
3. The property will be conveyed free and clear of all liens and
encumbrances except exceptions numbered one as shown on a
preliminary title report issued by Title Insurance and Trust
Company under Escrow No. GY - 320937, dated February 10,
1969.
4. Expenses
The City shall pay all costs of escrow, revenue slamps, if
required and authorized, and title insurance policy expenses.
Said escrow costs shall not, however, include usual and custo-
mary reconveyance fees, trustee I 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 thereaiter until 30
days aiter 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
condemnation 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 the sum set forth in
Paragraph 2 above.
8. Any and all loss or damages 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 in-
cluding said date shall be paid to the Offeror, but all rents
paid for occupancy aiter said date shall be paid to the City.
Ei ther party hereto collecting rents to which the other is
enti tled 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 right to assign this agree-
ment and its rights hereunder.
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Dated:
CL~!f' /~ /967
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Offeror
R.ecommended for Acceptance:
THE CITY OF GILR.OY:
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By /2 ?~c::f./S''<I2~tt;;r-L ~c~.J
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Application No. GY - 320937
EXIUBIT A
All that certain real property situate in the City of '3ilre,y, County of
Santa Clara, State of California,:iescribed as follows:
P APe EL ONE
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BEGINNING at a point in the Southerly line of the 20 acre tract conveyed
to Peter Basarich, by Deed recorded in Book 24t3 of Official Records,
at page 137, distant along said Southerly line South 8So 41' West, 1241. 254
feet from the most Northwesterly corner of the 6.03 acre tract of land
conveyed by Buehler to Cavin by Deed recorded March 12, 1945 and
under Recorder's Serial No. 339403, cmd running thence South 10 24'
East, 442. 25 feet, more or less, to a point in the line dividing Ranch
Lots 24 and 25, as shown upon the Map hereinafter referred to, distant
thereon North 890 32' 30" East, 527.424 feet from the most Northeast-
erly corner of said Ranch Lot 24; thence~ong said dividing line, South
890 32' 30" West, 97. 262 feet to the Southeasterly corner of that certain
1 acre parcel of land, conveyed by Victor Ruiz to Roman S. Gutierrez, et
ux, by Deed dated May 10, 1946, and recorded June 13, 1947 in Book 1477
of Official Records, at page 550; thence Northerly along the Easterly line
of said 1 acre parcel of land so conveyed to Hernandez, 443.75 feet, more
or less to a point in the Southerly line of said 20 acre parcel of land so
conveyed to Basarich, hereinabove referred to; thence along said Southerly
line, North 880 41' East, 97.248 feet to the point of beginning, and being
a portion of Ranch Lot 25 as said Lot is shown upon Map No.7, accompy-
ing the final report of the Referees in the !las Animas Rancho Partition
Suit No. 5536 had in the Superior Court of the State of California in and
for the County of Santa Clara.
PARCEL TWO
TOGETHER WITH a non-exclusive right of waYJI' ver a strip of land 50
fee'(. in width, lying Southerly and contiguous to .",....'...' Southerly line o.f
that certain 20 acre parcel of land conveyed to . ,er Basarich by Deed
recorded in Baal\: 246 of Official Records, at page 137 and extending
from the Easterly line of Wren Avenue to the Westerly line of the
Monterey Highway.
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ADDITIONAL INSTRUCTIONS
TO: THE CITY OF GILROY
There is delivered to you the attached offer to sell
real property signed by all the owners thereof to wit:
FRANCES MONTES r SARA MONTES (CARDENAS 1 r LUCY MONTES (GARCIA) t
LUCILLE MONTES (SERRANO) t and ANTONIA MONTESr which offer
is conditioned upon an agreement between the said named
offerors and the owners of premises known as Parcel 58 on
Page 31 in Book 786 Santa Clara County Assessor's Book of
Assessmentsfbr the sum of $16,500.00 is consummated.
The Montes family cannot sell the property now:_being
offered to the City of Gilroy without having other property
to move into. It is expected that the transaction for the
purchase of this other property,that is,the said Parcel 58,
will be completed without any parOCumr delay and it cannot
be completed until the $51000.00 which the Federal Government
is to add to the purchase price of $111140 is actually paid by
the Federal Government; in other words, the escrow covering
the property that is to be purchased by the City of Gilroy here-
under and the escrow of the purchase of the other property by the
Montes family will have to be finished at the same time and each
is conditioned upon the comsummation of the other.
Dated:
August 18,
,oj
1969. f,.//::2\:\
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,/ , EY S~O '
~orney for Offerors
AGREEMENT TO PURCHASE AND SELL - DEPOSIT RECEIPT
SAN JOSE REAL ESTATE BOARD STANDARD FORM
Received from
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herein called Buyer,
the sum of (C~'YzL,
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Dollars ($!,L1CJ
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as deposit on purchase price of
for the purchase of property, in
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Buyer will deposit in escrow the balance of the purchase price as follows:
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Both escrows,one in Which undersigned buaers" are selling ~.ir property to Cit~Of
Gilroy , &. one in which they are buying un er the within contrae:t are to J:)e cJ.os at
the sa~ ~1~ ~nd th~ closing of ea~h is conditioned upon closing of the other.
(1) Escrow shall be closed within 3 () days from date of acceptance by Seller.
(2) If Buyer fails to complete said purchase as herein provided, Seller, because of difficulty in ascertaining damages, may retain said deposit as
liquidated damages and same shall constitute Seller's sole money remedy for Buyer's default,
(3) Title is to be free of liens and encumbrances, other than (a) easements, covenants, conditions, restrictions, set,back lines, asse,ssments, and current
taxes of record, ~b) zoning regula'tions, and (G) other items herein, set forth. Seller shall convey title to Buyer by.Grant Deed insured l1y ~ standard California
Land Title Association form policy of title insurance to be paid by Seller, If Sener is unable to convey a marketable title', except as herein provided, within
90 days after acceptance by Seller, or if the improvements on said property be destroyed or materially damaged prior to transfer of title, then at option of
Buyer, said deposit and all other sums paid by Buyer shall be returned to Buyer, and this agreement as between Buyer and Seller shall be of no further effect.
Seller thereupon shall pay all expenses incurred in connection with examination of title, If loss is covered by insurance, Buyer may at his option consummate
the purchase and require Seller to assign any existing insurance policy covering said loss to Buyer,
(4) Taxes for the fiscal year, interest on any loan assumed by Buyer, rents and premiums on insurance acceptable to Buyer shall be prorated from date
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(5) Assessments for improvements now in construction or recently completed or now a lien are to be ,jL) /.Z-~ ,<,/.:
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.-.......... . Seller shall pay for revenue stamps.
(6) Possession of property a nd occupancy thereof shall be upon recordation of deed,_
(7) This offer shall be deemed revoked unless accepted in writing on or before u.~f'..:a.-:)..,r ,~e-. /9' 6 '9
is communicated to Buyer within said period. A copy of this agreement signed by Seller shall be ~elivered forthwith/to Buyer.
(8) Time is of the essence of this agreement. However, the time for any act to be performed hereunder, except the acceptance by Seller, may be ex-
tended for 30 days by written consent of all brokers to this agreement, including listing broker, if any, Written notice thereof shall be signed by all of said
brokers and shall be immediately delivered or mailed to Buyer and Seller prior to expiration date of this agreement.
(9) This agreement is binding upon the heirs, executors, administrators, successors and assigns of the Buyer and Seller, and shall survive the recordation
of Grant Deed and close of escrow,
(10) If any party to this agreement, including broker, shall institute any legal action against any other party to this agreement, the prevailing party
shall be entitled to court costs and reasonable attorney's fees in addition to any other judgment of the court, .
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/" . ,/~ Real Estat;- Firm
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Real Estate Ag!'nf
I agree to purchase the above described property on the terms and conditions stated herein and a<;;knowl~dge ree! Ipt of a copy hereof.
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and such acceptance
By
DATE:
Buyer ;:
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BU'ye~
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ACCEPTANCE
I agree to sell the above described property on the terms and conditions stated herein, and agree to pay the above named broker as commission
percent of the above purchase price, or one,half the amount retained as liquidated damages, provided same shall .not exceed the full amount
of the commission, I hereby assign to the above named broker sufficient sums out of proceeds of this sale to pay said broker's commission, but same shall not
constitute a waiver of any right to a commission under a listing agreement, I acknowledge receipt of a copy hereof.
DATE:
Seller
DATE:
Seller