HomeMy WebLinkAboutEdgerly, Ann and Charlotte L. - Purchase and Sale of Real PropertyD- llqr,)-"i I
AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY
AND ESCROW INSTRUCTIONS
ANN EDGERLY AND CHARLOTTE L. EDGERLY, hereinafter called the
"SeIIerr" withOut regard to number or gender, hereby offers to
seII to the CITY OF FRESNO, a municipal corporation, hereinafter
caIled the "City, " the hereinafter described real property on the
following terms and conditions:
t. The real property which is the subject of this Agreement,
and which is hereinafter for convenience referred to as the
"offered parcel," is aII that real property situated in the County
of Fresno, State of California, more particularly described aS
fo I lows :
See Exhibit 'A'
2. The purchase price for the offered parcel shall be the
sum of ONE HUNDRED TWENTY THOUSAND DOLLARS ($f20,000) as just
compensation therefor.
3. It is understood that the Cíty is about to commence a
proceeding in eminent domain in the Superior Court for the
acquisition of the offered parcel for public purposes - If fee
title does not pass to City within the time provided by this
Agreement, City may acquire such possession or title by said court
proceeding, and the net sum payable to seller shall be
conclusively deemed to be the total just compensation payable, and
this Agreement may be fired with the court proceeding as a
stipulation upon which judgment may be entered, ds to the just
compensation to be paid to serler, and serrer waives arr other
defenses in said proceeding.
4. SeIIer represents and warrants that it has the authority
to make the offer herein made, and that it holds fee title to said
real property.
5. The sale shall be completed through an escrow to be
opened at First American TitIe Co., 13I0 ,M' Street, Fresno,
California 9372J-. Said escrow shaIl be opened upon the following
terms and conditions, and serrer and city by their signature to
this Agreement make this paragraph their escrow instructions:
a. City shall deposit the sums specified in paragraph 2
of this Agreement and the closing costs in escrow upon
receipt of a demand and statement from said titl_e company
therefor.
b. Payment of said sums, less Seller,s cost, if ârry, may
be made to selrer when said title company can deliver to the
City a fully executed and acknowledged grant deed to the
offered parcel, and when said title company can furnish to
City a standard title insurance policy guaranteeing a fee
title to said property in City free and clear of aII liens,
encumbrances, and restrictions of record, except for:
Items I to 6 of Preliminary Title Report 1986 12
dated JuIy 27, 1990.
c. There shall be no proration of insurance. Rents, íf
ôty, shall be prorated to close of escrow.
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d. Property taxes for the current fiscal year shall be
prorated to crose of escrow. rt is understood that serler
shall be responsible for the payment of all unpaid taxes,
penalties, redemptions, and costs allocable to the offered
parcel for all periods prior to close of escrow. Refund
shall be made to seller out of escrow, for taxes previousry
paid by seller which are alrocabre to the part of the current
fiscal year subsequent to the close of escrow.
e. After fee title has fully vested in City, City shall
be responsible for perfecting possession and removing the
current tenant, if any.
f. The escrow fee, cost of policy of title insurance,
recording fees (if any), and arr other closing costs shall be
paid by City. Seller witl pay any cost to clear the title to
said property upon close of escrow.
g. DisbursemenLs to be in the amounts, ât the times, and
in a1l respects in accordance with the terms and conditions
and subject to the limitations of this Agreement.
h. ft is agreed that SeIIer frây, on or before the date
possession of said real property is delivered to City, remove
from said property and retain as SeIler's property the
following described improvements :
NONE
6. Time is of the essence of each and every term,
condition, and covenant hereof.
7. It is understood and agreed that this Agreement is to
remain open for forty-five (45 days) from the date hereof,
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and that upon its duly authorized execution within said time
by the city of Fresno, this Agreement shall become a contract
for the purchase and sale of real property binding upon
SelIer and City, their heirs, executors, administrators,
successors in interest, and assigns.
APPROVED AS TO FORM:
HARVEY WALLACE
City Attorney i.l C
nv:M,
24
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Date 2 Q¿¿-z 2-{ ,,- 4r'
SELLERS:
Ann Edgerly
Charlotte L. Edg
Address of SeIIers:
2706 West AshIan, SpaceFresno, CA 93705
This Agreement is executed by the city of Fresno, by and through
the Director of the Housing and Community Development Department
of said City, pursuant to authority granted by the Council of the
City of Fresno on
Date:q ,iltnz
ATTEST:
iIACQUELINE L. RYLE, C.M.C.City Clerk
øv, An¿rn Na'",,tr^.
ESCROW NO.
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CITY OF FRESNO
a municipal co po rat ion
Sñfford W. Pd t, Director
ousing and Community
Development Department
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EXHIBIT 'A'
That portion of l-,ot 13 of GOULD RANCH¡ âccording to the maprecorded in Book 2, page 2L of prats, records of said county,described as follows: BEGINNTNG at the intersection of the Westline of Effie Street and the Northerly line of Peralta Way; thenceNorth along the West line of Effie Street, I35 feet; thencewesterry pararrer with the south rine of said l,ot 13, 60 feet;thence South paraIIeI with the Westerly line of Effie Street 135feet to the North line of Peralta Way; thence Easterly 60 feet tothe POrNT OF BEGINNING.
EXCEPTING THEREFROM the interest in the North 5 feet thereof, forpubric utilities and water and sewer purposes, as reserved inassignment of interest to predecessor in interest of said vesteeswithin Probate Proceeding No. L6552 in the Superior Court of theState of California in and for the County of Fresno, entitled inthe Matter of the Estate of Willie A. Edgerly, also known as W.A.Edgerly, deceased, and as recited subsequentry thereto ininstruments of record, and ALSO EXCEPTING THEREFROM that portion,if âûy, of said land rying within that parcet of rand grañted tow.G. Freeman, €t uxr joint tenants, by Deed recorded December 27,1956, Document No. 89414.
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