Roman, Jean
OFFER TO SELL REAL PROPERTY
The City of Gilroy hereinafter referred to as the "City" and
Jean Roman hereinafter referred to as the "Offeror!1 agree as follows:
1. This documant 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 ONE
THOUSAND NINE IDJNDRED DOLLARS ($1,900).
3. 'The property will be conveyed free and clear of all liens
and encumbrances as shown on a preliminary title report
issued by Title Insurance and Trust Company under
Escrow No. GY - 322077 JL, dated April 8, 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 after 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'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
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 after 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.
Dated:
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Offeror
Recommended for Acceptance:
THE CITY OF GILROY:
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rXHTBIT A
All that certain real property situate in the City of Gilroy, County
of Santa Clara, State of California, described as follows:
BEGINNING at the Southwesterly corner of that ccrtnin 18.639 acre
tract of land described in the Deed from Edward J. Lazzarini, et ux,
to Richard ~1. Cline, .et aI, dated July 17,1964, recorded July 21,
1964 in Book 6589 Official ~ecordg, pa~e 669, Santa Clara County
Records, in the center line of Wren Avenue, formerly Avenue H; thence
from said point of be~inning North 8Ro 36' SO" East alonr, the Southerly
line of said 18.b39 acre tract for a distance of. 1079.96 feet to the
Southeasterly corner thereof A~D THE TRUE POI~~T OF BFr.IN~ING of the
tract of land to he described: thence from said true point of be~inning
North 00 4U' West along the Easte~ly line of said 18.639 acre tract
for a distance of 30.00 feet; thence !'-!orth 880 36' SO" East and
parallel with the Southerly line of that certain 10 acre tract of
land described a~ Parcel One 1n the Deed from The ne ~ell Corporation,
a California corporation, et aI, to Jean Roman, a married woman, dated
December 11, 19~3, recorded December 19, 1963 in Rook 6315 Official
Records, pa~e b60, Santa Clara County Records for a distance of 2~9.82
feet; thence alon~ an arc of a curve to the right, tanRent to the
preceding course, with a radiu5 of 270.00 feet, throu~h a central ,
angle of 250 50' 35", for an arc distance of 135.31 feet to the point
of intersection thereof with the 5aid Southerly line of the 10 acre
tract; thence South 88036' SO" West a1on~ the Southerly line of said
10 acre tract for a distance of 441.03 feet to the true point of
be~inning, and being a portion of Las Animas Ranch Lot 25 as shown on
Map No. 7 accompanyinR the final Report of thl" Referees of the Las
Animas Rancho Partition Suit ~o. 5536 had in the Superior Court of
California, in and for the County of Santa Clara.