Renz, Don W.
OFFER TO SELL REAL PROPERTY
The City of Gilroy hereinaiter referred to as the "City" and
Don W. Renz 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 Forty
Thousand --------------- Dollars ($40,000.00 ).
3. The property will be conveyed free and clear of all liens and
encumbrances except exceptions numbered two and three as
shown on a preliminary title report issued by Title Insurance
and Trust Company under Escrow No. GY - 320941 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
customary reconveyance fees, trustee1s 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 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 trustee1s
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 pro-
perty 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 occuring 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
forthwi th pay such amount to the other as is necessary to
comply with the provisions of this paragraph.
iO. 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 pro-
perty 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: I-;J-~ -70
C~t~u ~/~ _
Offeror
Hecommended for Acceptance:
THE CITY OF GILHOY
By
.'
Application ~o. GY-32094l
A
EXHIBIT A
All that certain real property situate in the City of
Gilroy County of Santa Clara, State of California,
described as follows:
13LU';C a portion of Ranch Lot No. 25, as shol'm'on, Map 1\0. 7 ac-
companying the report of the referees ir. the Las_ Animas Rancho
Partition Suit, Action ~o. 5536 had in the Superior Coyrt of
the Stute of California, ir. and for the Cour.t)' of Santa' Clara,
State of California, and being more particularly described as
follows:
BLGINt\ING at a ~oint in'the centerline of Wren Avenue distant
thereon South 0 42' East 752.72 feet from a burled iron pipe
at the corner common to Ranch Lots 30 and 32, in. the Northerly
line of Ra.nch Lot 25 as shown on said Map, and rU:1ning thence
alor~g the centerline of Wren Avenue, South 00 421 East 296.40
feet; thence North 880 34 1/2 Last 1506.71 feet to a 6 inch
di~meter concrete monument (at 33.00 feet on this course is a
lik~ monument in the Easterly line of Wren Avenue); thence
~,orth I u 25 1/2' \~est 290.38 feet to ::t 6 inch dLmet er concret e
monuller.t; thence South 880 34 1/2' West 1503.00 feet to the
point of beginning (back 33.00 feet on this course L--j :t (. ;_qch
di ..ti'l~ter concrete monument in the Easterly line of Wren Asenue)
lJescription compiled in l~ovember, 1950 by W. .1. llanna ~ Sor..s,
Surveyors, Gilroy, California.
LXC[PTING THERLFROM the following described property:
HEGl~NI~G at a point in the center line of Wren Ave~ue at the
,\/ortln,'este:::ly corner of that certain 20.00 acre tract of lar~d
described i:r. the Deed from Caroline Plath to The Pentecostal
Church of God of America, Norther!: JJistrict of California,
a C~lifor~ia corporation dated January 29, 1944, recorded
Mav 13, 1944 in Book 1190 Official Records, page SS9, Santa
Clara County Records; said poi~t of beginning being distant
South UO 42' Last along the said center line of Wren Avenue
752.72 feet from a buried iron pipe at the common corner for
Ranch Lots 30 and 32 in the Northerly line of Ranch Lot 25,
as shown upon the Map above referred to i runr.in~ thence from
s~id point of beginning South 00 42' East along the said
ceLter liLe of ~ren Avenue 296.40 feet to the Southwesterly
coraer of said 20.00 acre tract; thence :-';orth 880 34' 30"
East along the Southerly line of said 20.00 acre tract
734.88 feet the 33.0U feet on this course is a concrete
monument 6 inches in diameter set in the Easterly line of
said WreL Avenue; thence North 00 42' West and parallel with
the said center line of Wren Avenue 296.40 feet to a point
on the Northerly line of said 20.00 acre tract; thence South
880 341 30" West along said last named line 734.88 feet to
the point of beginnin~ (back 33.00 feet on said last mentioned
course a concrete monument 6 inches i_;' diruneter set in the
L~sterly line of said Wren Avenue.