Suniga, Hope
. .
QFFER TO ~~~L R~~L PR\)PERTY
The Clty of Gilroy hereinafter referred to as the !lCity" and Hope
Suniga, Iness Martinez, Raymand Vasquez and Josephine Ojeda 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,
wlll upon acceptance by the City be acquired for $ \ t 'tV\C,\(,;t'J If-IJ))
1:\)/
FIl)t;,., ~JCl)t\t:..\) ~'l) ~}"---~ollars ($ bi ~OC:J-"Q ).
/
3. The property win be conveyed free and clear of all liens and
encumbrances except exceptions numbered two as shown on a
preliminary title report issued by the Title Insurance and Trust
Company under Escrow No. GY - 320936, dated February 10, 1969.
4. Ex?ense5
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, i.nclude 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 mortqaqe, which costs shall be paid by the Optionor.
5. This offer shall remain in effect exclusi va and irrevocable for
120 days from the da.te hereof and thereafter until 30 days after
receipt by the City of written notice of the Offeror's intention
to terlninate this offer.
6. The balance of un.paid principal and interest due on any note or
notes secured by mortgaqa or deed of trust on the real property,
and any prepaid penalties toqether with trustee's fees, costa of
recording, if any, shall be deducted from the total purchase and
paid to the persons entitled thereto.
7. At any time prior to the terrnimtionof this offer ,th.e City may
at its option elect to acquire the said property by condemnation
and :filinq of an action in eminent domain rather than by purchase
and conveyance through said escrow. L'1. such event, the Offeror
aqrees that the judgment for the total amount 01 damages to be
awarddd. for the takinq of said property in fee shall not exceed
the sum set forth in Paraqraph 2 above.
8. Any and all loss or daJnage to the real proPJ rty or any improvements
thereon occurring prior to the recordation of the deed shall be
at the ri.sk of the Offeror.
9. The Offeror shall retain possession of the property to be conveyed
up to and including the dale 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 QCcupancy after said date shall
be paid to the City. Either party hereto collecting rents to which
the other party is entiUed shall forthwith pay such amoWlt to the
other as is necessary to comply with the proVisions of th.is paragraph.
"-
10. '!be Offeror warrants that there are no oral or written leases on
aU or any portion of the property exceeding a period of one ~onth
and the Offeror further agrees to hold the City harmless and reim-
burse 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.
1. 'This agreement shall be binding upon and inure to the henan t of
the heirs, successors and assigns of the parties hereto and the
City is expressly given the right to assign this aqreement and its
rights hereunder.
Dated:
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Offerol~
Recommended for Acceptance:
T.tIE CITY OF GILROY:
By
Application No. GY-320936
A
EXHIBIT A
All that certain real property situate in the City nf Cilroy,
County of Snnta Clara, State of California, described as follovs:
P ,\ rCE L 0NE
HEGI~NIN(; at an iron pIpe in the southerly line of a 20 acre tract
of land conyeycd to Peter Rasarlch by deed recorded in 1-1ook 246,
at P;lC;C 137, Santa Clara Connty Records, distant thereon South 880
36' I"cst 1144.006 feet from the most northh'esterly corner of the
b.03 <lcre trrrct of land conveyed by Buehler to Cavin h;' deed
recorded ~!arch 12, 1~)45, under I~ecorder's Serial \0.339403, nnd
running thence along said southerly line of s.,id 20 acre tract,
South R80 36' hest 97.248 feet; thence ~nllth 10 24 I East 446
fec-t approxiJ1l:1tely, to the common line het\,-een ranch lots 24 :Inn
25, as said lots (lre "hO\'ll1 by \lap ;\;0. 7, accorpanying the fini1l
report of the referees in the Las Animas Partition suit, .\ction \n.
5 5 :; (, i n t 11 e S \Ill(' r i 0 r r. 0 u r t 0 f the Co u n t y 0 f S (1 n t a C Llr a, S tat e () f
C~lifnrnia; thence :Il()r:1~ s:lid COT11lilOn line North 89037' J:nst
97.2(,2 rcet to the nremises nf Baty; thence !JortI. IO 24 I h'cst
ill () 11 l' the I..' est e r 1 y 1 in e 0 f t he n r C f:1 is e S 0 f Bat y tot h e poi n t 0 f
!, e pin n i n (~ .
Pt'\r~CJ:I. Tl\'()
_\ non-exclusi,'c easement for inr;ress ~n<l crress over a strir
of lrln(1 50 feet in I.:idtlt, extendini~ {ron ~:onterey P,nad to !\'rell
.\ve n u e, ~ II d 1 Y i n .~i l'1TTl cd i n tel y Sou tho r rt n d con t i ~ 11 0 11 ~ tot he
:\nrtherlv line nf the n:uccl of lilnci cOn\~eYed t.v :'. F. ThoF'ils to
:\rtnllr n. l~lIehler hy deed recorded ;\!"rl 1 Z', 1927 in nook :i07
nfficinl Hecords', na('Je 46:), :1S c:r:lntec1 in t11e deed from] " Cru1'l1,
e t 1] x toT r :1 n c i to' r il S <1 U C :, r c c (1 r d e d : 1;:l v 2 (1, 1 9 5 R 1 n T~ 0 0 k 4 (I 8 1
nfficlal Records, oage b64.