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Howson/Hughan - Purchase and Sale Agreement DOCUMENT: 14444424 Titles:1 / Pages: 6 RECORDING REQUESTED BY ~ ~ ~IIIIIIIIIIIIIIIU ;0;0014444424;0; Fees * No Fees Taxes. . Copies. AMT PAID WHEN RECORDED MAIL TO City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 Attn: City Clerk BRENDA DAVIS SANTA CLARA COUNTY RECORDER Recorded at the request of City ROE ** 004 10/14/1998 1: 52 PM SPACE ABOVE THIS LINE FOR RECORDER'S USE THIS DOCUMENT IS RECORDED FOR THE ENEFIT OF THE CITY OF GILROY AND IS ENTITLED TO BE RECORDED FREE OF CHARGE IN ACCORDANCE WITH SECTION 6103 AND 27383 OF THE GOVERNMENT CODE AND SECTION 11922 OF THE REVENUE AND TAXATION CODE APN 808-01-014 MEMORANDUM OF PURCHASE AND SALE AGREEMENT I. This Memorandum of Purchase and Sale Agreement ("Memorandum") is entered into between FRANCES M. HOWSON, RONALD HOWSON AND ROBERT A HUGHAN, Co- Trustees of THE MARSHA KEARY TRUST under that certain Declaration of Trust dated March 1,1971, and Amended May 27, 1976; FRANCES M. HOWSON, RONALD HOWSON AND ROBERTA HUGHAN, Co-Trustees of the ROBERTA HUGHAN TRUST under that certain Declaration of Trust dated March 1, 1971, as Amended May 27, 1976; and FRANCES M. HOWSON, RONALD HOWSON AND ROBERTA HUGHAN, Co-Trustees of THE RONALD HOWSON TRUST under that certain Declaration of Trust dated March 1, 1971, and Amended May 27, 1976 (hereafter collectively referred to as "Seller") and the CITY OF GILROY, a municipal corporation (hereafter referred to as "Buyer"). 2. Seller agrees to sell to Buyer and Buyer agrees to purchase from Seller the property located in the City of Gilroy, County of Santa Clara, State of California, and described in Exhibit A, which is attached to and made a part of this Memorandum by this reference. 3. The purchase and sale of the property shall be on the terms and conditions fully set forth in that certain Purchase and Sale Agreement by and between Seller and Buyer dated concurrently herewith (the "Agreement"), the terms and conditions of which are made a part of this Memorandum by this reference. \KKS\40197101 84-020904706041 1 . . 4. This Memorandum is prepared for the purpose of recordation, and it in no way modifies the provisions of the Agreement referenced in Section 3 of this Memorandum above. Executed on the date set forth below. SELLER: Dated:Y - /7 - f ~ v FRANCES M. HOWSON, RONALD HOWSON AND ROBERTA HUGHAN, Co-Trustees of THE MARSHA KEARY TRUST under that certain Declaration of Trust dated March 1, 1971, ~ded May 27, 1976 By: U;Ii.b4-UA.A_J .??:; ~~ FRAN.9S M. HOWSON, Co-Trustee By: ~tUl ~f2- RONAL OWSON, Co- T Dated: 9/1 ~ /., 8 ~ Dated: 0/ /f;/ 9!? By: Dated: f-/7 -7f- FRANCES M. HOWSON, RONALD HOWSON AND ROBERTA HUGHAN, Co-Trustees of THE ROBERTA HUGHAN TRUST under that certain Declaration of Trust dated MarITr Amended May 27, 1976 By: ~ [ f:.<-./ 0'Jr) ~ Sl:f"'1<.----' FRANS~ M. HOryJN, Co-Trustee By: Y;;;~&r ~ RONALD OW-SON, Co- Truste Dated: gjt S;; 14 ~ 6/17/e:; B . By: Dated: Dated: g'/,~ !4?' e;/J7 fi e:; FRANCES M. HOWSON, RONALD HOWSON AND ROBERTA HUGHAN, Co-Trustees of THE RONALD HOWSON TRUST llilder that certain Declaration of Trust dated M~dAmcndcdMay27' 1976 BY:~A~ ~./~~ FRANC~. H~dco-Trustee By: '-;jkf{ji~ RONALD HOWSON, Co- Tru e Dated: 8-/7-1k- Dated: By: \KKS\401971.01 84-020904706041 2 Dated:q -- I 0 - q l' APPROVED AS TO FORM: \~U.~ LINDA A. CALLON, City Attorney \KKS\40197101 84-020904706041 BUYER: a ~~ I . ~~r-- ' RH<J - A PELLIN City Clerk 3 STATE OF CALIFORNIA } ss. COUNTY OF 5I-"tSTA CLAm On A-~lEr IS.ICjCj(?, before me,'B'eAO ~)I~ersonally appeared ~U) +-bo ~)rJ , o personally known to me -OR- JKL proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. t ~Q~ ~ ~ ~ ~ ~~~ ~ ~ ~l - CQIM*_Wl & I~. Notav NIle - c:tamla ! SANfAClAMCOUNIV I [ ~ ~ ~~C:,,:.~~l~l~~ ST ATE OF CALIFORNIA COUNTY OF Santa Clara ~s~ SIGNATURE OF NOTARY } ss. On\ugus t 17. 19913 before me, Rhonda Pellin , personally appeared Roberta Hughan and Francis M. Howson o personally known to me -OR- [j proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 1 ~ -. -. ~~N;A ;~N -. -. f ._. Commission ~ 1142623 ~ ~ Notay Public - CoIitankJ ~ z Sa1ta Ciao County - J _ _ _ ~~~~J~l~~lt \KKS\401971.01 84-020904706041 SIGNATURE OF NOTARY 4 CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the document. o INDIVIDUAL o CORPORATE OFFICERS(S) Title(s) o PARTNER(S) 0 LIMITED o GENERAL o ATTORNEY-IN-FACT ~ TRUSTEE(S) o GUARDIAN/CONSERV ATOR o OTHER: SIGNER IS REPRESENTING: Name ofPerson(s) or Entity(ies) CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the document. o INDIVIDUAL o CORPORATE OFFICERS(S) Title(s) o P ARTNER(S) 0 LIMITED o GENERAL o ATTORNEY-IN-FACT Kl TRUSTEE(S) o GUARDIAN/CONSERV ATOR o OTHER: SIGNER IS REPRESENTING: Name ofPerson(s) or Entity(ies) STATE OF CALIFORNIA } ss. COUNTY OF Santa Clara 1998 On September 10" before me, appeared Jay Baksa rn personally known to me -8R 0 1;::-.-1'"-.~~-1 @ RHONDA PEWN _ Commission # 1142623 2 ~ Notary Public - California ~ Santa Clara County My Comm. Expies Jun 19, 2ID1 \KKS\401971.01 84-020904706041 Rhonda Pellin, personally prev-ed ts Hl@ sa tk@ Ba~i~ sf ~atii3factory -@'Tid~Ree to be the person..(sfwhose name(sfis/afe subscribed to the within instrument and acknowledged to me that he/&heIthey executed the same in his/hiM'ltheir authorized capacity(ie8-), and that by his/herfthW'- signaturew on the instrument the perso~ or the entity upon behalf of which the person(.sracted, executed the instrument. 5 CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the document. o INDIVIDUAL XJ CORPORATE OFFICERS(S) City Administrator Title(s) o PARTNER(S) 0 LIMITED o GENERAL o ATTORNEY-IN-FACT o TRUSTEE(S) o GUARDIAN/CONSERV ATOR o OTHER: SIGNER IS REPRESENTING: Name ofPerson(s) or Entity(ies) City of Gilroy EXHIBIT "A" TO MEMORANDUM OF AGREEMENT LEGAL DESCRIPTION All that certain Real Property in the City of Gilroy, County of Santa Clara, State of California, described as follows: All of Parcel 3, as shown upon that certain Map entitled, "Parcel Map", which Map was filed for record in the Office of the Recorder of the County of Santa Clara, State of California on December 8, 1989 in Book 608 of Maps at Page 8. \KKS\401971.01 84-020904706041 1