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Perez, Manuel and Helen OFFER. TO SELL R.EAL PR.OPER.TY The City of Gilroy hereinaiter referred to as the "City" and Manuel Perez and Helen Perez hereinaiter 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~'~VfJJ "'H~J5Atl1) \~A}l\ % '-- ___________ Dollars ($ '7,ox>,oO ). / 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. SJ - 320939, 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'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 aiter receipt by the City of written notice of the Offeror'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 property 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 con- veyed 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 right to assign this agreement and its rights hereunder. Dated: '7 - t 5"'- G t'J ., ~~HD~7 Q&3- '''7/'/'' ..' / ' ;k0~L"(?r?2/1/.:Jct:~ L/ Offeror R.ecommended for Acceptance: THE CITY OF GILR.OY: ). '7 'j[ ~ A t--r1 " Z"7~~..-;. \, ~~WYz/' ...l:/~...<: 'I Il. , ." .. ,. Application No. SJ-320939 A EXHIBIT A All that certain real property situate in the City of ~ilroy, County of Santa Clara, State of California, descrihed as follows: cmNENCING at a point in the common line for Ranch Lots 24 and 25 as shown upon r~ap No. 7 accompanyins the final report of the Peferees in the Las Animas Rancho Partition Suit, Action No. 5536, in the Superior Court of the State of California in and for the County of Santa Clara, distant Easterly thereon 332.90 feet from the most Northwesterly corner of said Lot 24; thence running along said line common to said Lots 24 and 2S South 890 32' 30" ''.'est 98.20 feet; thence Jorth 10 24' West to the Southerly line of the 20 acre tract conveyed to Peter Basarich by deed jecorded in Book 246 Official Records page 137, Santa Clara County Records and thence North 880 41' East to a point on the said South line of said 20 acre tract, distant thereon South 880 41' West 1435.75 feet from the most Northwesterly corner of that certain 6.03 acre tract conveyed by Buehler to Cavin b~' deed recorded ~1arch 12, 1945 under Recorder's Serial No. 339403, Santa Clara County Records, and thence South 10 24' East to the point of beginning and being a portion of the 32.652 acre tract conveyed by deed from 1'1. E. Thomas to Arthur H. Buehler recorde,d April 2, 1927 in Book 307 Official Records, at page 463, Santa Clara County Pecords. l 5' c\l 0.. S o U 4-J rn ;j H E-< '"d s:: c\l ell ~ c\l H ;j rn s:: 1-1 ell ....... 4-J '..... E-< @ Q > .J lD ... ::> 20 ... >- ,,0 '" 200f 00> ... .JO -... ~.J "" Io .,.J of" ",0. '" ... ... '" Uo ,," 200; ~O> ...... ,.",,, ..."'0 Z", :;)"20 0"'" "'''' U ~O " J U'" ... "", ...'" Z:' ~t--(I) "- a:- ;;:., 0> Xu "'011 "'0 ~. " ",,, "'''' 00 ... ~ Jo Q~ ~~ .J ,. " "0 ~'" .J 0- _t!l o~ ... ::> z ... > "CO CO ,.0 "of ..0> "'... ::>.J ~" . > '" ,. 20 C020 of::> ",,,, ...'" ...'" ...0 ",of ...0> "''' 200 -'" " .J ~< CO" ",0 _J ... ::> 20 ... >- ,,~ ,," ,,0> 0" ~~ "''' .;\t!l CO 011 ",0 ",J DATE p~ d /? ACCOUNT NO. FUNDS REC'D o o &tr) ... <0 ,:. CHECKS AR T~AT E RECEIVED UPO CO H ROCEEDS WHENNCb~&E CONii:,r~O T THE B. ~RGES. IF ANY WIL ~D r5(! CCOUNT. . . DI Y RECEIPT NO. R 292831 i= U <( SELLEHS [J -t~now INSTllUCl'lONS "~~.~ ~ llUYEU{ IX, EXCIJANCE 0 1l00UlOWEllS U /... ES 291 (2-68) - iii .f . .... From: CITY OF GILROY (Fred o. Wood) ESCROW-Order No. GY 320939 NORTHSIDE PARK PROJECT Dale: August 19, 1969 PURCHASE FROM Manuel Perez, et ux To: TITLE INSUIL\NCE AND THUST COMPANY: P. O. Box 275, Gilroy, California 95020 I/We hand YOIl herewith VOUCHER WARRANT in the sum of $ 7,000.00 Purchase Price in connection with above numbered Escrow. representing GRANT DEED executed by MANUEL PEREZ AND HELEN PEREZ.his wife to CITY OF GILROY, A Municipal Corporation which Deed has been accepted by Administrator of the City of Gilroy on August 8, 1969 Undersigned hereby acknowledges receipt of a copy of "OFFER TO SELL REAL PROPERTY" fully executed by undersigned and Seller and undersigned hands you herewith a fully executed copy which you are to deliver to Seller when they have delivered to Escrow the signed Deed and Instructions in connection with their sale to undersigned. Undersigned has read and approved a copy of Preliminary Report issued under your above numbered Escrow. Which you will deliver when you olJlain for my/om aecountRecordation of above mentioned Deed. All delinquent and current taxes are to be paid by Seller and prorated as of date of Recording of Deed to CITY OF GILROY, A Municipal Corporation. Title Insurance Premium and Transfer Tax will be paid by undersigned and you are to Bill undersigned for same at Close of Escrow. (Bill in duplicate) ;" and when you can issue your CLTA form of Standard-O\'mer I S poliey of title insurance with liability not exceeding $ 7,000. 00 on the real property described in Preliminary Report issued under your above numbered Escrow. showing title vested in CITY OF GILROY, A Municipal Corporation SUBJECT ONLY TO: (1) Both Ins t. taxes for the fiscal year SUBJECT ONLY TO EXCEPTIONS #1 only Preliminary Report issued under above numbered FRED O. WOOD-City Administrator PAGE 1 1968-69 as paid in full.: of your EscrO~kt1~1 CITY OF GILROY BY ES 291.1 (1-68) " BUYER'S ESCHOW INSTRUCTIONS (Continued) . Jjscrow--Order No. GY 320939 NORTHSIDE PARK PROJECT Purchase from Manuel Perez Upon close of escrow, YOll are authorized to deduct from my/our account the following: as disclosed by Statement marked "Page 3", attached hereto and made a part hereof, by reference. Any amendment of, or supplement to, these instructions must be in writing. The GENERAL PROVISIONS printed on the revcrse side of this page of these instructions are by reference thereto incorporated herein and made a part hereof. All documents, balanccs and statemcnts arc to be mailed to tllO undersigncd at the address shown below. CITY OF GILROY 1;. -BY- FRED O. WOOD-City Administrator Address: 10 South Ro~anna Street ni1roy, California 95020 Receipt Acknowledged. Telephone: 842 - 31 9 1 TITLE INSURANCE AND TRUST CO:\fP ANY By Date PAGE 2 . ." S&,29.'l ('-611) -0 r@ Title Insurance and Trust Company STATEMENT ESCROW DEPARTMENT Page 3 SELLER 0 BUYER IXI I3ORRowm 1-1 ORDER NO. GY 320939 NORTHSIDE PARK PROJECT PURCHASE FROM Manuel Perez. et ux .- I ASSESSMENT /I 786-22-22 DEBIT CREDIT DESCRIPTION - SALE/PURCHASE PRICE $7,000.00 DEPOSITS ~7 000,00 , DEPOSIT RETAINED EXISTING LOAN ASSUMED NEW LOAN(S) - --. PRO RATA TAXES - - ----- PRO RATA INSURANCE , - PRO RATA RENTS PRO RATA , TITLE INSURANCE 0 LOAN 0 JOINT --- - - PREMIUM FOR $ 7,000.00 !Xl OWNERS POLICY (75%) $ 79.50 ; $ 0 AL T A POLICY ! ESCROW FEE , RECONVEYANCE FEE .------.- --~-_.. PREPAIRING DOCUMENTS .------.--..---------.-..--- -.-------- ---.---------"------------...----.--- NOTARY FEES ._---------------- ---- --- -------------.--.---------.-------- TRANSFER TAX 7.7D-__ _._--- -- RECORDING None char&-ed---.-- -- TAXES I - COMMISSION ..-..-- INSURANCE PREMIUM - LOAN CHARGES .''''~'NG--C.TTY DE-GlLBDY FOR ESCR~CHARGES $87.20 --- I LOAN PAYOFFS BALANCE/BALANCE DUE -- I TOTALS I 7 087 20 7 087 20 APPROVED: CITY OF GILROY BY FRED O. WOOD-City Administrator ADDF/LSS: 10 South Ro~anna StLaet DATE: Gilroy, California 95020 TELEPHONE: 842-3l9l