Barbosa, Catherine F. - 8698 Delta Drive (2)• 0
When recorded return to:
City of Gilroy
City Hall
7351 Rosanna Street
Gilroy, CA 95020
DOCUMENT: 16276357
111111111111111111111111
BRENDA DAVIS
SANTA CLARA COUNTY RECORDER
Recorded at the request of
City
Titles:] / Pages 14
Fees....* No Fees
Taxes...
Copies..
AMT PAID
SPACE ABOVE THIS LINE FOR RECORDER'S USE
Project: Santa Teresa Boulevard
Address: 8698 Delta Dr.
APN: 783 -22 -013
GRANT DEED
RIDE # 007
5/22/2002
1114 AM
Catherine F. Barbosa, does hereby grant to the City of Gilroy all that real property in the City of
Gilroy, County of Santa Clara, State of California, more particularly described as:
See Exhibit "A" attached hereto and made a part hereof, which description by this
reference is incorporated herein.
Dated this
day of
CATHERINE F. BARBOSA
ALL-PURPOSE ACKNOWLEDGMENT
F • 41 State of California /
County of Yci f d cljc,A SS. '
' On A'2 e ; l 2 S d o l before me, c-y_E 6 :4 -c-, . cy,,7 C- Ji` - I
(VAT) (NOTARY)
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SIGNER(S)
' ❑ personally known to me - OR- proved to me on the basis of satisfactory '
• evidence to be the person(c) whose name(s) •
' is /lam subscribed to the within instrument and '
• acknowledged to me that he/she/flx7 executed •
Ithe same in l /her /tom authorized f
GEORGE R. NOVACEK JR. capacity(iN�s ), and that by him/her /fir I
"n Comm, 1 1215831 signatures) on the instrument the person(s),
• N NOTARY PUBLIC - CALIFORNIA •
Contra Costa County or the entity upon behalf of which the
I My Comm. Expires April 23, 2003 "' person() acted, executed the instrument. '
I
iWITNESS my hand and official seal. i
S
• NOTARY'S IGNATURE •
• OPTIONAL INFORMATION •
' The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl-
edgment to an unauthorized document. •
' CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT '
I• INDIVIDUAL '
❑ CORPORATE OFFICER /
fTITLE(S) TITLE OR TYPE OF DOCUMENT '
I❑ PARTNER(S) '
• ❑ ATTORNEY -IN -FACT •
I❑ TRUSTEE(S) NU ER OF PAGES '
• ❑ GUARDIAN /CONSERVATOR •
' ❑ OTHER: '
DATE OF DOCUMENT
' SIGNER IS REPRESENTING: '
! NAME OF PERSON(S) OR ENTITY(IES) i
• OTHER �
APA 1/94 VALLEY - SIERRA, 800 -362 -3369
r
RBF Consulting
1981 N. Broadway, Suite 235
Walnut Creek, California 94596
EXHIBIT "A"
LEGAL DESCRIPTION
Rev. April 23, 2001
October 12, 2000
JN 35- 100063 -101
Page 1 of 1
SANTA TERESA BOULEVARD
FEE PARCEL
WITHIN LOT 100 OF TRACT NO. 4849
That certain parcel of land situated in the City of Gilroy, County
of Santa Clara, State of California, being that portion of Lot 100
of Tract No. 4849 as shown on a map thereof filed in Book 271 of
Maps at Pages 8 and 9 in the Office of the County Recorder of said
Santa Clara County, lying northeasterly of the following described
line:
COMMENCING at the southeasterly corner of said lot; thence along
the easterly line of said lot North 05 °28124" East 57.91 feet to a
point distant thereon South 05 °28124" West 19.27 feet from the
northeasterly corner of said lot, said point being TRUE POINT OF
BEGINNING;
Thence North 42 °05'04" West 26.01 feet to a point in the northerly
line of said lot, distant thereon South 89 °50100" West 19.27 feet
from said northeasterly corner.
CONTAINING: 186 square feet.
SUBJECT TO all Covenants, Rights, Rights -of -Way and Easements of
Record.
EXHIBIT attached and by this reference made a part hereof.
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CERTIFICATE OF ACCEPTANCE
(Government Code Section 27281)
Certificate of Acceptance of Conveyance to the City of Gilroy by
Catherine F. Barbosa
This is to certify that the interest in real property conveyed by the grant deed dated
April 25, 2002 from Catherine F. Barbosa, to the City of Gilroy, a municipal corporation of the
State of California, is hereby accepted by the undersigned officer or agent on behalf of the City of
Gilroy pursuant to authority conferred by Resolution No. 99 -90 of the City of Gilroy adopted
December 20, 1999, a certified copy of which resolution is on record in the office of the County
Recorder of the County of Santa Clara, State of California, document #15167735, dated March 1,
2000 and the grantee consents to recordation thereof by its duly authorized officer.
In witness whereof, I have hereunto set my hand on May 2, 2002.
I: \CTYCLERK\FORMS\ACCEPTANCE. DOC
Project: Santa Teresa Blvd.
Grantor: Barbosa
Parcel No.: 8698 Delta Dr.
AGREEMENT FOR PURCHASE OF REAL PROPERTY
This is an Agreement for purchase of real property by and between the City of Gilroy, a municipal
corporation, herein referred to as "City," and Catherine Barbosa, hereinafter referred to as
"Grantor."
The parties hereby agree as follows:
1. PROPERTY.
Grantor agrees to sell to City, and City agrees to purchase from Grantor, on the terms and
conditions set forth in this Agreement, the real property more particularly described in the
Grant Deed delivered herewith (the "Property"), a copy of which is attached hereto as
Exhibit "A ".
2. DELIVERY OF DOCUMENTS.
The Grant Deed shall be executed and delivered by Grantor to Lucrecia Milla, Universal
Filed Services, Inc., Real Estate Consultant acting for the City, for the purpose of placing
the Grant Deed into escrow. The Grant Deed shall be delivered in the manner described in
the previous sentence solely for the convenience of the parties. City shall not be deemed
to have accepted delivery of the Grant Deed until such time as the Grant Deed is recorded
in the Official Records of Santa Clara County, California in accordance with written
escrow instructions delivered to escrow by City. This transaction shall be handled through
an escrow with Old Republic Title Company located at 7888 Wren Avenue, STE C -131,
Gilroy, California, 95020, under Escrow No. 515054 -JJ.
Within five (5) days after this Agreement is executed by City and Grantor, Grantor shall
complete, execute and deliver to Escrow Holder (i) an affidavit executed by Grantors certifying
that Grantor is not a "foreign person" within the meaning of Internal Revenue Code
Section 1445(f)(3), and meeting the requirements of Internal Revenue Code
Section 1445(b)(2), and (ii) an original Withholding Exemption Certificate (California Form
590 -RE), fully executed by Grantors as required by the California Taxation and Revenue Code,
certifying that Grantor is not subject to tax withholding under applicable California law.
3. PURCHASE PRICE AND TITLE.
The purchase price for the Property under this Agreement is Four Thousand Seven
Hundred Fifty Dollars ($4,750.00). City shall deliver the purchase price into escrow after
delivery of the Grant Deed into escrow.
City shall deliver the purchase price into escrow after delivery of the Grant Deed into
escrow. Grantor shall convey good, marketable and insurable fee simple title to the
Property to City free and clear of all liens, encumbrances, taxes, assessments and leases
recorded and/or unrecorded, except for the following: covenants, conditions, restrictions
and reservations of record, if any; easements or rights of way over said land for public or
quasi - public utility or public street purposes; or any non - delinquent taxes or assessments
(the "Permitted Exceptions "), if any. Escrow agent shall deliver the purchase price to
Grantor, less Grantor's share of prorated taxes and amounts necessary to place title in the
condition required by this Agreement, when title to the Property vests in City free and
clear of all liens, encumbrances, taxes, assessments and leases recorded and unrecorded,
except for the Permitted Exceptions. Good, marketable and insurable fee simple title to the
Property, subject only to the Permitted Exceptions, shall be evidenced by a CLTA extended
coverage owner's policy of title insurance ( "Title Policy "), with survey exception if City
elects not to obtain a CLTA survey for the Property. The Title Policy shall be in the amount
of the Purchase Price, showing fee simple title to the Property vested in City, subject only to
the Permitted Exceptions. It shall be a condition precedent to City's obligations under this
Agreement that escrow holder is able to issue the Title Policy to City upon the close of
escrow.
City shall pay all costs of escrow and recording fees incurred in this transaction.
4. PRORATION OF TAXES.
(a) If City acquires fee title to the Property under the terms, covenants and conditions
of this Agreement, taxes shall be prorated in accordance with California Revenue
and Taxation Code section 5081 et seq., as of the recordation of the Grant Deed
conveying title to City, except that where City has taken possession of the
Property, taxes shall be prorated as of the date of possession. In the event City
acquires an order of possession in an action in eminent domain, taxes shall be
prorated in accordance with California Revenue and Taxation Code section 5082.
(b) Grantor authorize City to deduct from the purchase price any amount necessary to
satisfy any delinquent taxes, together with penalties and interest thereon, and any
delinquent or non - delinquent assessments or bonds, which are to be cleared from
the title to the Property.
1JH1547768.1
01- 032604706002
5. TITLE AND LEASE WARRANTY.
Grantor represents and warrants that Grantor is the sole fee owner of the Property, that
Grantor is not under contract with any other party for the purchase and sale of the Property,
and that there are no oral or written leases in effect with respect to any portion of the
Property. Grantor agrees to indemnify, defend with counsel approved by City, hold
harmless and reimburse City and City's officers, representatives, agents and employees from
and against any and all suits, damages, costs, fees, claims, demands, causes of action, losses,
liabilities and expenses, including without limitation attorneys' fees, in the event that any of
Grantor's representations or warranties contained in this Paragraph 5 are not correct at the
time made or at the close of escrow, which obligations shall survive close of escrow and
recordation of the Grant Deed. The representations and warranties set forth above shall
survive close of escrow and recordation of the Grant Deed.
6. CONDITIONS TO CLOSING.
City's obligation to purchase the Property shall be conditioned and contingent upon the
satisfaction of each and all of the following conditions precedent prior to the Close of
Escrow ( "City's Closing Conditions ").
(a) Escrow Holder is unconditionally prepared, committed and able to issue the Title
Policy to City at Close of Escrow insuring that title to the Property is vested in City
subject only to the Permitted Exceptions.
(b) Grantor has timely performed each and every material obligation required by the
terms of this Agreement to be performed by Grantor.
(c) All representations and warranties made by Grantor to City in this Agreement are
true and correct in all material respects as of the Close of Escrow.
If any of City's Closing Conditions have not been satisfied prior to the Closing Date, then
City shall have the right to give Grantor written notice terminating this Agreement, in
which event the parties' rights, obligations and liabilities under this Agreement shall
terminate, except with respect to any rights, obligations or liabilities arising out of any
breach of this Agreement by Grantor. City's right to terminate this Agreement shall not
affect City's right to specific performance or any other right available to City in the event
the failure of any condition is due to the breach of this Agreement by Grantors. City may
unilaterally waive any of the City's Closing Conditions, such conditions being for City's
sole benefit.
1JH1547768.1 _3 _
01- 032604706002
7. DISMISSAL OF ACTION IN EMINENT DOMAIN; SATISFACTION OF ALL
CLAIMS.
Grantor consents to the dismissal of any eminent domain action involving the Property
and waives any and all claim to any moneys that may now be on deposit in the Superior
Court in any such action. The payment of compensation herein is in complete settlement
of all rights of Grantor to just compensation or to claim, assess or receive severance,
inverse condemnation or other eminent domain damages or compensation arising from or
related to the acquisition of the Property by City.
8. POSSESSION.
The City shall have the right of possession and use of the Property including the right to
remove and dispose of improvements. The City's right to possession shall upon the date
escrow closes, or as otherwise provided for by written agreement between the Grantor
and the City.
9. ESCROW.
Escrow shall be deemed closed on the date that the Grant Deed referenced in Paragraph 1
above is recorded in the Official Records of Santa Clara County, California.
10. HAZARDOUS WASTE MATERIAL.
Grantor further represents and warrants that Grantor has no actual knowledge of any
disposal, release, or threatened release of hazardous substances, on, from, or under the
Property which may have occurred prior to Grantor taking title to the Property.
The acquisition price of the Property being acquired in this transaction reflects the fair
market value of the Property without the presence of contamination. If the Property being
acquired is found to be contaminated by the presence of hazardous substances which
requires mitigation under Federal or State law, the City reserves the right to recover its
clean -up costs from those who caused or contributed to the contamination.
1JH1547768.1 -4-
01- 032604706002
Grantor shall indemnify, defend with counsel acceptable to City and hold harmless City and
City's officers, representatives, agents and employees from and against any and all suits,
damages, costs, fees, claims, demands, causes of action, losses, liabilities and expenses,
including without limitation attorneys' fees, arising in conjunction with or as a result of
Grantor's breach of any of their representations or warranties set forth in this Paragraph 10,
which representations and warranties shall survive close of escrow and recordation of the
Grant Deed. As used in this Agreement the term "hazardous substances" means any and all
chemicals, substances, wastes or materials which have been or are hereafter determined by
any federal, state or local governmental authority to be capable of posing risk of injury to
health or safety, including, without limitation, petroleum, asbestos, polychlorinated
biphenyls, radioactive materials and radon gas. Grantor's obligations pursuant to this
Paragraph 10 shall survive the close of escrow and recordation of the Grant Deed.
11. SEVERABILITY.
If any provision in this Agreement is held by a court of competent jurisdiction to be
invalid, void or unenforceable, the remaining provisions shall continue in full force
without being impaired or invalidated in any way.
12. GOVERNING LAW.
This Agreement shall be governed by and construed in accordance with the laws of the
State of California.
13. PUBLIC PURPOSE.
City requires the Property, a property not now appropriated to a public use, for the Gilroy
Santa Teresa Blvd. Sound Wall Project, for which City may exercise the power of
eminent domain.
Both Grantor and City recognize the expense, time, effort and risk to both Grantor and
City in resolving a dispute over compensation for the Property by eminent domain
litigation; and the compensation set forth herein for the Property is in compromise and
settlement, in lieu of such litigation.
14. AUTHORITY AND EXECUTION.
Each person executing this Agreement on behalf of a party represents and warrants that
such person is duly and validly authorized to do so on behalf of the entity it purports to
bind and if such party is a partnership, corporation or trustee, that such partnership,
corporation or trustee has full right and authority to enter into this Agreement and
perform all of its obligations hereunder.
1JHN7768.1
01- 032604706002
15. ENTIRE AGREEMENT.
This Agreement represents the full and complete understanding of the parties with respect
to the transaction contemplated by this Agreement. Any prior or contemporaneous oral or
written Agreements by and between the parties or their agents and representatives with
respect to such purchase are revoked and extinguished by this Agreement.
16. COUNTERPARTS.
This Agreement may be executed in multiple counterparts, each of which shall be deemed
an original but all of which, together, shall constitute one and the same document.
17. CAPTIONS.
The captions of the various sections, paragraphs and subparagraphs of this Agreement are
for convenience only and shall not be considered nor referred to for resolving questions of
interpretation.
18. REQUIRED ACTIONS.
Each party agrees to execute such instruments and documents and to undertake such actions
as may be reasonably required in order to consummate the purchase and sale contemplated
by this Agreement.
19. TIME OF THE ESSENCE.
Time is of the essence of each and every term, condition, obligation and provision hereof.
20. AMENDMENT.
This Agreement shall not be modified or amended except by an instrument in writing
executed by each of the parties hereto.
21 SUCCESSORS.
This Agreement shall inure to the benefit of and bind the parties respective heirs, legal
representatives, successors and assigns.
1JH1547768.1 _
01- 032604706002 _6
22. ATTORNEYS' FEES.
If any action at law or in equity, including an action for declaratory relief, is brought to
enforce or interpret the provisions of this Agreement, the prevailing parry shall be entitled to
reasonable attorneys' fees, which may be set by the court in the same action or in a separate
action brought for that purpose, in addition to any other relief to which that party may be
entitled.
IN WITNESS WHEREOF, the parties have executed this Agreement as follows:
GRANTOR: CITY:
By: CITY OF G
Catherine F. Barbosa — municiva1/-b
Date:
( l Jay Baksa
e: y City Administrator
Date: 5 -2 -02
ATTES .
Rhonda Pellin, City Clerk
APPROVED AS TO FORM:
City Atto ey
IJHN7768.1
01- 032604706002
ALL-PURPOSE ACKNOWLEDGMENT
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State of California
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' County of Se >7 t a CId e A
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proved to me on the basis of satisfactory
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acknowledged to me that Wshe /may executed •
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the same in 4�s/her /4&ir authorized '
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capacity( ), and that by Wher /t lair
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signature(. on the instrument the person(%.),
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or the entity upon behalf of which the •
' GEORGE R. OVACEK JR.
person(s) acted, executed the instrument. '
Comm. f 1215837 N
NOTARY PUBLIC
-CALIFORNIA ..
'
Contra Costa County
My Comm. Expires April 23,2003
'
WITNESS my hand and official seal. •
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'
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•
NOTARY'S SIGNAT RE •
1
!
INFORMATION
'OPTIONAL '
The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl-
edgment to an unauthorized document.
•
CAPACITY CLAIMED BY SIGNER (PRINCIPAL)
DESCRIPTION OF ATTACHED DOCUMENT
I INDIVIDUAL
'
CORPORATE OFFICER
'
TITLE OR TYPE OF DOCUMENT '
TITLE(S)
•
'• ❑ PARTNER(S)
!
• ❑ ATTORNEY -IN -FACT
❑ TRUSTEE(S)
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'
NUMBER OF PAGES
• ❑ GUARDIAN /CONSERVATOR
•
' ❑ OTHER:
'
DATE OF DOCUMENT
! SIGNER IS REPRESENTING:
!
' NAME OF PERSON(S) OR ENTITY(IES)
'
� OTHER •
_._._._. _•_•J
APA 1/94 VALLEY - SIERRA, 800 -362 -3369
• . . .
STATE OF CALIFORNIA )
)SS.
COUNTY OF SANTA CLARA )
TITLE OF DOCUMENT: Agreement for Purchase of Real Property
Project: Santa Teresa Blvd.
Grantor: Barbosa
Parcel No.: 8698 Delta Drive
On May 2, 2002, before me, Rhonda Pellin, Notary Public, personally appeared Jay Baksa
personally known to me to be the person whose name is subscribed to the within instrument and
acknowledged to me that he executed the same in his authorized capacity, and that by his
signature on the instrument the person or the entity upon behalf of which the person acted,
executed the instrument.
WITNESS my hand and official seal.
Signature of Notary Public
per GC Sec. 40814; CC Sec. 1181
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