Wilson, Fred and Berna
.
.
..
OFFER. TO SELL R.EAL PR.OPER.TY
The City of Gilroy hereinafter referred to as the "City" and
Fred Wilson and Berna Wilson hereinafter referred to as the "Cfferor"
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 ~ \X '\.W:d)lr.P./)
OD/
flUe: "u~b~~'h Mb ~)'
/
The property will be conveyed free and clear of all liens and
Dollars ($'JS"'"Oll.OO).
3.
encumbrances except exceptions numbered two as shown on
a preliminary title report issued by Title Insurance and
Trust Company under Escrow No. GY -320938, dated
February 10, 1-969.
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 therealter 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 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
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 including said
date shall be paid to the Offeror, but all rents paid for occu-
pancy alter said date shall be paid to the City. Either partyrhereto collecting rents to which the other party is entitled
~
shall forthwith pay such amount b 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 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: Lr- /9- &9
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Offeror ~
Recommended for Acceptance:
THE CITY OF GILROY.. ')
~1frZ~#''-d~~~ $, ~.~-k
By !/,J4IUI t;f1/fi"/@/'/JI1~LtlJj:l4ift
Mayor
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Application No. GY-320938'
A
EXHIBIT A
All that certai~ real property situate in the City of
Gilroy County of Santa Clara, State of California,
descrioed as follows:
PARCEL ONE
Being ~ part of Rancho Lot 25 as said Lot is shown upon Map No.
7 accompanying the final report of the Referees in the Las Animas
k~acho Partition Suit, Action No. 5536 had in the Superior Court
of the State of California, in and for the County of Sa.'1ta Clara,
and more particularly that part of said Lot described as follows:
Begifu~ing at a point in the Southerly line of the 20 acre
tract conveyed to Peter Basarich by Deed recorded in Book 246,
Official Records, page 137, distar.t thereoa North 880 41' West
1435.75 feet from the most Northwesterly corner of the 6.03 acre
tract of land conveyed by Buehler to Cavin by Deed recorded March 12,
1945, under Recorder's Serial No. 339403, and running thence South
10 24' East 444.23 feet to a point in the line dividing Ranch Lots
24 and 25, said poir.t being North 890 32' 30" East 332.90 feet from
the Northwesterly corner of said Lot 24; running thence along the
li:-.e between Ranch Lots 24 and 25 North 890 32' 30" East 97.262
feet, thence in a ~ortherly dir~ction North 10 24' West to a p~int
In the Southerly lIne of the saId 20 acre tract conveyed to saId
Peter Basarich above referred to, distant thereon North 880 41' East
97.248 feet from the point of beginning, and thence in a Westerly direction
S. 880 41' W. 97.24 feet to the said point of beginfiing.
PARCEL TWO
(hL NOTb BUT DO NOT INSURE) a right of way SO feet in width. extending
from Monterey Road to Wren Avenue, and lying inunediately South of
~ld contiguous to the Northerly I1ne of the Parcel of land conveyed
by ~. E. Thomas to Arthur H. Buehler, by deed recorded April 2, 1927
in Book 307 Official Records page 463.
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RECEIVED F
FUNDS REC'D
DESCRIPTION
~
DATE
5'" 7 61
AMOUNT
S- <<J CJltl
CHECKS ARE
THAT <fHE---1'IR~ECEIVED UPON THE CON
COLl.f.l2Tlb~€H~~ WHEN COLLEC D T N
TO THE ABOVE ACCOUNf ANY, WILL DITE~
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RECEIPT NO.:
R 289428