Loading...
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) ' personally appeared cq AC_V ' �'7 sc f, f a, b c,-sd ' 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. IAND S(/�,` / 1AJW Fio� Patrick J. Tami, L.S. 5816 va Na 5816 UP. �lgrf OF Catti4�� 3 TRA Cr 4d 3 I ivo, 5 L �- i I rR�l cr 1 I I i EXHIBIT "B" 7313\ y� l JJ I CALABRESE Mal ,30 ' I ? No w q 30' I 30 27"1 SKETCH TO ACCOMPANY A LEGAL DESCRIPTION FOR SANTA TERESA BOULEVARD FEE PARCEL WITHIN LOT 100 OF TRACT NO. 4849 CONTAINING: 186 SO. FT. f 19.27' �-- N89'50'00 E 82. 10' -�-- 62.83 ' N42'05'04 "Y1 0• 1 26.01' — \ I �,A I -- I P. 0. C. I I 101 I 55' I � llA MF R vcQ��`G� 8 9$ Na 5816 Exp.� q Of c K' I PDATA I SCALE 1 N = 40' SHEET 1 OF 1 SHEET PUNNING ■ DEMON* ■ CONSTRUCTION 14725 ALTCN PARKWAY RMF. CALF =ORNA 92618-2027 Q 0 N S U LTI N 13 949.4722505 • FAX 949.472.8373 • wwwABF- APRIL 13, 2001 J. N. 35- 100063 91YG1 �MAPPINGIRyl EXHISIT5IDLV I10800IEXHIBITSI063EX101.DMG I W I w w o � I SCALE 1 N = 40' SHEET 1 OF 1 SHEET PUNNING ■ DEMON* ■ CONSTRUCTION 14725 ALTCN PARKWAY RMF. CALF =ORNA 92618-2027 Q 0 N S U LTI N 13 949.4722505 • FAX 949.472.8373 • wwwABF- APRIL 13, 2001 J. N. 35- 100063 91YG1 �MAPPINGIRyl EXHISIT5IDLV I10800IEXHIBITSI063EX101.DMG 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 0 F State of California / ' County of Se >7 t a CId e A SS . I ' On S ?00 2 _ before me, ` 4orst •P. /�o ✓et�ekf J� ' (d TE) • ' personally appeared ��>�� � ��� � ¢. (NOTARY) ' F�Adil 17n5<7 SIGNER(S) • • ❑ personally known to me - OR- ! proved to me on the basis of satisfactory ! evidence to be the erson whose name(} P (� Iis /-subscribed to the within instrument and ' acknowledged to me that Wshe /may executed • ' the same in 4�s/her /4&ir authorized ' • capacity( ), and that by Wher /t lair ' signature(. on the instrument the person(%.), • --- .R.NOV 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. • I ' � I • 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) I ' 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 rya► P.t,4 cae•NiW s 13=15 soft = a 006 (Notary Seal)