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Tovar, Lola ;0\ ~~ "s" OFFER. TO SELL R.EAL PROPER.TY The City of Gilroy hereinafter referred to as the "City" and Lola Tovar, aka Dolores Tovar, 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 SIX THOU- SEVEN AND NO CENTS SAND SEVEN HUNDRED FIFTY- Dollars ($ 6,757.00). 3. The property will be conveyed free and clear of all liens and encumbrances except exceptions numbered - none as shown on a preliminary title report issued by Title Insurance and Trust Company under Escrow No. GY - 320940, 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 IS 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'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 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 tdal amount of damages to be awarded for the taking of said property in fee shall not exceed the sum set forth in Para- graph 2 above. 8. Any and all loss or damage to the real property or any im- provements 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 including said date shall be paid to the Offeror, but all rents paid for occupancy aiter 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 para- graph. 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: w !' , "'-- (-{' ~---. ,'-/ ,- , 1/ 1:1/ l/ t~"::~ Offeror R.ecommended for Acceptance: THE CITY OF GILR.OY: By ~ M---n " -6 Y;? ~ J j {Y ~5.i-p(e(,l. -;ic..:<_~ ~~'-'" -~ /ti '~.. Application No. GY-320940 A EXHIBIT A All that certai~ real property situate in the City of Gilroy, County of Santa Clara, State of California, described as follows: CO~~[NCING at a point in the common line for Ranch Lots 24 and 25 as shown upon Map No.7 accompanying the final rapert of the Referees 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 thereon 234,70 feet Easterly from the most Northwesterly corner of said Lot 24; thence rUlining along said line common to Lots 24 and 25 South 89032' 30" \~est 93.20 feet; thence North 10 24' West to the South line of the 20 acre tract conveyed to Peter Bas8rich by deed recorded in Book 246 Official Records, page 137, Santa Clara County Records, and thence North 880 36' East to a point on the said South line of said 20 acre tract distant thereon South 8do 4l' West to the Northwesterly corner of the premises conveyed to ~hnuel Perez and lIelen Perez by deed dated the 31st day of May, 1946; thenc~ South along the Westerly line of said tract so conveyed to said Perez to the point of beginning, and being a portion of the 32.652 ac:-e tr2.C t conveyed by deed from ~t. E. Thomas to Arthur II. Buehler recorded April 2, 1927 in Book 307 Official Records, at page 463, Santa Clara County Records. I -..- rn ;::i ;..; E-< "0 l=1 ro Q) u l=1 ro ;..; ;::i rn l=1 ;-; Q) .--. 4-> E:: @ :>, l=1 ro 0.. S o o " > -' III " '" '" 0: UO ..'" z;;; ~'" "'''' >1-" 1-" 0 z"''' ::>"z 0"'" .... U ~O .. J ul- '" ..'" 1-0: zt; ~ "'(1) "- "- ~~ r", 1-" "'0 ~., Z c.. "'.. '" z .. Jo ~~ ~~ >> "0 3;0: -' .." 0- 400 -CI -J D~ '" " z '" >- ..0 '" z'" 0'" I- -,0 -I- ~-' .... Io io-' "," OlD. DO '" " z '" > .... .. >0 r'" ,,-'" 0: '" "-, :<.. . > ..> z ..z "'" "'.. 1-'" ",01 ",0 0:'" 1-'" "''' zo -I- .. -' :<<( '" " z '" >- ..'" o ..", ".. 0" 1-0 "I- 0:.. .;lCl .." ",0 ",J DATE FUNDS REC'D P--r- UNT NO. Y-? d.9,90 :57 a> o tStJ " <D ..:- CH~CKS A E THAT RECEIVED UPON .E C CO OCEEDS WHEN C DIT TO HE ABOVE A~~GOE3NiF ANY. ~~E~ i= u '" RECEIPT R 292833