Loading...
Peters/Lima/Callaghan - Property Purchase Agreement l.l i. .}\; 1/ // ....'''. .3 I. t. .\1., ~~ p.' f). , . l..., J t {fun C " r , J , , ~~.. AGREEMENT THIS AGREEMENT made and entered into this 1st day of May, 1961, by and between JOHN PETERS, JAMES B. LIMA, and H. J. CALLAGHAN, Parties of the First Part, and the CITY OF GILROY, a Municipal Corporation in the County of Santa Clar~, State of California, Party of the Second Part~ w .! T N E SSE T H: That the Parties of the First Part, for and in consid- eration of the sum of NINETEEN THOUSAND NINE HUNDRED FIFTY ($19,950.00) DOLLARS, current lawful money of the United States of America, to be paid as hereinafter set forth and upon the terms and conditions herein contained, agree to sell and convey to the Party of the Second Part the following described premises located in the City of Gilroy, County of Santa Clara, State of California, and more particularly des- cribed as follows, to-wit: BEGINNING at a point on the Westerly line of Monterey Street distant thereon 133.40 feet Northerly from the point of intersection of the Northerly line of Seventh Street with the Westerly line of Monterey Streetj thence Northerly along said Westerly line of Monterey Street 59.70 feet~ thence Westerly 150.80 feet~ thence South- erly 59.90 feet~ thence Easterly 150.50 feet to the point of beginning, and being Lot 8 in Block 1 South Range 1 West, as delineated and so designated on Map No. 5 accompanying final report of referees in action of Henry Miller, et al, vs. Massey Thomas, et als, in the Superior Court of the State of California, in and for the County of Santa Clara. EXCEPTING THEREFROM parcel of land conveyed by Thomas Rea Company, a corporation, et als, to City of Gilroy a municipal corporation, by Deed recorded on August 2, 1912 in Book 388 of Deeds, page 381, Santa Clara County Records, described as follows: BEGINNING at a point distant North 200 West 107.20 feet from a point on the Northerly line of Seventh Street distant 141 feet Westerly from the point of intersec- tion of the Northerly line of Seventh Street with the Westerly line of Monterey Street in said City of Gilroy~ - 1 - (; i,1 ~' "'~- :1>'''')'\)1 ~ ,\ -- A<..t ~~) P'~r:~ 1 I 1 . -.',. _'~'.,.,., .,v. ~ and running thence North 200 West 222.38 feet~ thence North 100 40t East 77.10 feet to the South- westerly corner of a brick building: thence along the Westerly side of said brick building, North 200 361 West 34.50 feetj thence South 700 West 15.60 feet to the Easterly end of a brick building; thence South 200 East and along the Easterly line of said brick building 24 feet~ thence South 90 30t West 82.90 feetj thence south 200 East 227.33 feet; thence North 700 East 18 feet to the place of beginning. (', ,f: Party of the Second Part agrees to purchase said property and to pay therefor the said sum of NINETEEN THOUSAND NINE HUNDRED FIFTY ($19,950.00) DOLLARS, which it is agreed by the parties hereto shall be paid as follows: The sum of FIVE THOUSAND SEVEN HUNDRED EIGHTY-FIVE and 50/100 ($5,785.50) DOLLARS at the time of execution of this agreement, the receipt whereof is hereby acknowledged by -the Parties of the First Part, and the balance of FOURTEEN THOUSAND ONE HUNDRED SIXTY- FOUR and 50/100 ($14,164.50) in annual installments of FOUR THOUSAND SEVEN HUNDRED TWENTY-ONE ($4,721.50), or more, on -the 1st day of Ai/ (,: &.):) r of each of the years 1962, 1963 and 1964. The deferred balance shall bear interest at the rate of six (6%) percent per annum, payable on the said installment due date. It is understtod that the Party of the Second Part has the option of paying the entire balance of the purchase price in one lump sum payment at any time while it is not in default herein. It is also understood that possession of the said property shall be given to the Party of the Second Part as of the time of the execution of this agreement and that the rents, if any payable, upon the premises shall be pro- rated at that time, as well as the taxes against the premises. Upon the payment of the full purchase price and of any interest payable under the provisions of this contract to the Parties of the First Part, they shall execute and deliver to the Party of the Second Part a Grant Deed to the City of Gilroy, - 2 - t'),\., ., flOur ")," O.J I>.^"C' t? .. 'n_. _',' '" free and clear of encumbrances, except easements of record, and at the same time furnish a title insurance policy showing that the title of the said premises will be vested in the Second Party free and clear of encumbrances except said ease- ments of record and any municipal assessments and/or bonds of the City of Gilroy. If the Party of the Second Part should default in the payment of any payments on the purchase price, or interest thereon, and such default continues for a period of thirty (30) days, then Second Parties may have any remedy given them by law for such default. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands the day and year first hereinabove written. The Party of the Second Part having duly authorized such agree- ment to be subscribed by the Mayor by action regularly taken by the Council of the City of Gilroy on the 1st day of May, 1961. ,\ :J ~" :'.,' t , . . '.' \ . _~~~l ~ ~.... (, I \....- ,,' ------" ~_...-,.......,.,. < -,., ~,c,~?::Jr"\C,-~ ~",.'-.C)j -'fJ~ :~EJr/V) .,,~-.... l C:;~fi B-~ .:Z~/ /> '-i "'~" ,"'I: ,"J: ,- ../ j ;:/j " r: ( H. { (!nr:(..1 (~f3 Pi~ .t UJ ~artl.es of t irst Part ~... L*' (I (J If / 1 L// w-;/ fi"i '--1:fF ';-;J.-~L- ~-~1//- -r-n,,_ .~;~~!!'fttIM~ctllft_~~!.r~P;;. ~. e 0 F S1:, Part:Yi/ ~ fi~f.lfg,~ i!~ tR~ f!\'lifUfiH ~~ '..5c:) ~ Gi'ifim~~ ~~~ITi~ lit.l~ htsm'af~.~,~ ~~. ;M~yoj:; ~'~;:;"~'i ~~)f'/~ il roy . ,~' AUG 1.4 H~~t e" f.t~ At<< ,Party of the Second Part t... ~ ' p~Y\:. ~" r~njt!...~;t"'J\~J?Y~" \ '\ :~".::l.\~ 0~~ \Ss.\+:~Y;" (~'ir~:",J. ~~if!~l" i 1I~~.~ ~,":...~":,C1,,~~~"..-://~...,"t~~ '."'",~.V:?.....fJ~",,"'5..""'4".t...,.,..~' - 3 - STATB OF CALIFORNIA, } _~ity & COfI,,"of~~n Francisco ss. 0" this__ 2~9:..__.day of.-- Aug~st _._..__._.__in the year one thousand ni"e hundred and Sixty ",:,One . b"JOf"e me, _____ D o_Hal.~_....___.___.._--....-.-._.-.......-"'-""-" a Notary Public i" and for the City & - \ County of___._~.!?:...f..r~g~Je.~Q-..----, State of California, duly commissioned , atuJ SWOtH, personally appeared.......J.Q..luLE'.eie.1:.S.......K.itty pe:t~rs" --'- ..lE:me~J2-'__Li;~p~.....J;,i.n..c.gJJ.1JJ,S4-a.-..L~nd...- _~_Il1..m.9-_iL.._g2:1t.?-.z.h.E-1L_------._-----_.- knO'Wfl to me to be the perso"Ji.whose names are ---"",scribed to th, with,,, instrument and adnowledged to me that.-.he._.executecl tM sa1M. IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal in tI:e_~j.:t~.l&.._.._County of.._...s.an...Er.a.n.cis.C,lL_.._.../ht day and year in this certificate first above written. ._._.__...,_......__......,__._..~~.:.L~~.i.~:F--..--..--...--..--..--..-....--..--.....-........ Notary Public in and for the.._-~ i ~Y...~_......_County of__,_....s.gJl..F..:ranQ.i~ cQ......__, My Commission Expires__.__.._._.....I2,-":iALEY_....-....-.... State of California. My Commission Expires May 22,1965 ~ .' f ,~ ~ i ~ , ',,~ ',~ ::';'" -'C -;/ "~~~<':=-'l " <-:,' ~ C ~,'~. ;: ~ ~, ~ Cowdeq'~ FOrlll NQ: ~:3-'-A~wt~dJment-Geneul. ~c. C. Soc.ll119) "'''' '27202