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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. -2- 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, -3- 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 , Lgnl 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. APN LJS: amb 658+/LJ322 T/TO/97 CITY OF FRESNO a municipal co po rat ion Sñfford W. Pd t, Director ousing and Community Development Department -4- 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. LJS: amb 659+/LJS22