Bonfante Gardens Inc. and Eagle Ridge HOA - Amendment to Easement and Maintenance AgreementSizu= of DxLwgt a Apart ddaminial tax — Fmo Name
AMENDMENT TO EASEMENT AND MAINTENANCE AGREEMENT
Preamble and Recitals
This Amendment, having an effective date of May 20, 2005, is entered into by
and between Bonfante Gardens, Inc., a Delaware nonprofit corporation ( "Grantor") and
The Community of Eagle Ridge Owners' Association, a California nonprofit mutual
benefit corporation ("Grantee").
A. Grantor is the owner of certain real property situated in the City of Gilroy,
Santa Clara County, California (hereinafter referred to as "Parcel 1 "), and more
particularly described as sdf forth in Exhibit "A ", which is attached to this Agreement and
hereby incorporated by reference.
B. Grantee is the community association created to manage the common
interest development known as Eagle Ridge, located with the City of Gilroy, Santa Clara
County, California (the "Eagle Ridge Development). Grantee's homeowner members
are the individual owners of lots within the Eagle Ridge Development.
C. On August 3, 2004, the parties executed that certain Easement and
Maintenance Agreement (hereinafter referred to as the "Easement and Maintenance
Agreement ", which shall be recorded concurrently herewith, pursuant to which Grantee
acquired certain rights in the Servient Tenement, described therein (hereafter referred to
as the " Servient Tenement ").
D. The parties now desire to amend the Easement and Maintenance
Agreement by amending the description of the Servient Tenement, as provided below.
DOCUMENT: 18382321
Pa es' 10
tHICAG,o .� _ ...,......�..
` Fees
34 00
i Taxes.
Copies
AMT PAID
34.00
RECORDING REQUESTED BY
BRENDA ! S
ROE a 003
MILLER, MORTON, CAILLAT & NEVIS
LAV
SANTA CLARA COUNTY RECORDER
5/20!2005
AND WHEN RECORDED MAIL TO
Recorded at the request of
1!56 PM
Chicago T i t l e
MILLER, MORTON, CAILLAT & NEVIS
25 Metro Drive, 7th Floor
San Jose, California 95110
Attention: David L. Nevis Esq.
SPACE ABOVE THIS LNE FOR RECORDER's USE
DOCUMENTARY TRANSFER TAX S
Sizu= of DxLwgt a Apart ddaminial tax — Fmo Name
AMENDMENT TO EASEMENT AND MAINTENANCE AGREEMENT
Preamble and Recitals
This Amendment, having an effective date of May 20, 2005, is entered into by
and between Bonfante Gardens, Inc., a Delaware nonprofit corporation ( "Grantor") and
The Community of Eagle Ridge Owners' Association, a California nonprofit mutual
benefit corporation ("Grantee").
A. Grantor is the owner of certain real property situated in the City of Gilroy,
Santa Clara County, California (hereinafter referred to as "Parcel 1 "), and more
particularly described as sdf forth in Exhibit "A ", which is attached to this Agreement and
hereby incorporated by reference.
B. Grantee is the community association created to manage the common
interest development known as Eagle Ridge, located with the City of Gilroy, Santa Clara
County, California (the "Eagle Ridge Development). Grantee's homeowner members
are the individual owners of lots within the Eagle Ridge Development.
C. On August 3, 2004, the parties executed that certain Easement and
Maintenance Agreement (hereinafter referred to as the "Easement and Maintenance
Agreement ", which shall be recorded concurrently herewith, pursuant to which Grantee
acquired certain rights in the Servient Tenement, described therein (hereafter referred to
as the " Servient Tenement ").
D. The parties now desire to amend the Easement and Maintenance
Agreement by amending the description of the Servient Tenement, as provided below.
NOW, THEREFORE, for good and valuable consideration, receipt of which is hereby
acknowledged, the parties agree to amend and modify the Easement and Maintenance
Agreement as follows:
1. Descrivtion of SUS deut Ilnement. The description of the Servient
Tenement, as described in the Easement and Maintenance Agreement is hereby amended
by substituting the attached Exhibit "B ", which is a legal description of the Servient
Tenement, together with the revised Plat accompanying said description, for Exhibit `B ",
attached to the original Easement and Maintenance Agreement.
2. Scope of Amendment. Excepting as provided in Paragraph 1, above, all
of the terms and conditions of the original Easement and Maintenance Agreement shall
remain in full force and effect.
Executed on .� — 11 .2005.
GRANTOR:
BONFANTE GARDENS, INC., a Delaware
nonprofit co on
By
Name: er r r'
Its: /eScr f_k
GRANTEE:
By:
Nai
Its:
By:
Name:
Its•
7 JANET K. WALLACE
COMIC 0131027
U Notary ( bfic4alifol"is
y
UMTA CLARA coum S
My corm E:a, .hi. n. zoos
4UNITY OF EAGLE RIDGE OWNERS' ASSOCIATION,
non -profit mutual benefit corporation
2
NOVI, THEREFORE, for good and valuabis consideration, receipt of which is hereby
acknowledged, the parties agree to amend and modify the Easement and Maintenance
Agreement as follows:
1. Description of Servient Tenement. The description of the Servient
Tenement, as described in the Easement and Maintenance Agreement is hereby amended
by substituting the attached Exhibit "B", which is a legal description of the Servient
Tenement, together with the revised Plat accompanying said description, for Exhibit "B ",
attached to the original Easement and Maintenance Agreement.
?. Scone of Amendment. Excepting as provided in Paragraph 1, above, all
of the terms and conditions of the original Easement and Maintenance Agreement shall
remain in full force and effect.
Executed on
GRANTOR:
BONFANTE GARDENS, INC., a Delawarc
nonprofit corporation
By: j
f
Name:
Its:
Roil"
GRANTEE:
THE COMMUNITY OF EAGLE RIDGE OWNERS' ASSOCIATION,
a California non - profit mutual benefit corporation
Bv:
Name:
Its: i
By:
Name:
Its:
JAMET K WALLACE
H C4MIA. #13l 7
Notary PUMCra1ibmla N
SANTA QARA COUNTY -.
'Wy Comm EXA July 23, 2005
JANE7 K. WALLACE
COW1. 01310927
W Nogry Publ"t CafNornla N
SANTA CLARA COUNTY S
My Comm. Exp. JOY 23.2005
LE S& DESCRIPTION OF PARCEL 1
AN OW Mal prop9RY ctuded in the City of am. CauttY Of S8t1ia Clara, State p({�l�lOff1F8,
desa tmd es WON= '
All of Pa=Is 7 and 4 as raid purls arc oHm an ttte map antldad OW Una Aqustrnertt
Parcel tiw, tim-far rewd on Janctary 7.1982 h Book 494 of Mapr, at Fag$ 43, Records of
Santa Cute County,_Catdorrtta. and � of Para[' B srsd C, as cmld parcek
ace de=lbod to tttet
ca n C of Cwnpw= (Lot Una Agwtmft'$Imta 0" CcWW Ot*ww Code
Sscdtatt C 12.11), Nad tar record on Apt 14,1998 ao Doatmerd 0141 UW. Ra=rb Of �ft
awa County, CdfwWw- .
r
EXHIBIT "B"
LEGAL DESCRIPTION OF
SERVIENT TENEMENT
All that real property situated in the City of Gilroy, County of Santa Clara, State of California,
described as follows:
A strip of land of varying widths over an existing access road, described as follows:
A portion of Parcels 1 and 4 as said parcels are shown on the map entitled "Lot Line
Adjustment Parcel Map", filed for record oh January 7, 1982 in Book 494 of Maps, at page 43,
Records of Santa Clara County, California, and also being a portion of Parcels B and C, as said
parcels are described in that certain Certificate of Compliance (Lot Line Adjustment: Santa
Clara County Ordinance Code Section C 12 -11), filed for record on April 14, 1998 as Document
# 14138227, Records of Santa Clara County, California, and being more particularly described
as follows:
Commencing at the most northwesterly comer of said Parcel B; thence running along the line
common to said Parcel B and Parcel C
a.) S00 009'02 "E, a distance of 519.43 feet to the TRUE POINT OF BEGINNING; said point
also being the beginning of a curve to the right, from which the radius point bears
S64'00'08"W, a radial distance of 213.00 feet; thence leaving said common line
1.) Southerly along said curve, through a central angle of 39 01617 ", a distance of 145.99 feet;
thence
2.) S65 °21'24 "E, a distance of 57.43 feet; thence
3.) S21 °41'39'W, a distance of 63.84 feet; thence
4.) S00'46'42 "E, a distance of 29.06 feet; thence
5.) N65 "21'24'W, a distance of 73.46 feet to the beginning of a non - tangent curve to the right,
from which the radius point bears N52 623'33 "W, a radial distance of 214.00 feet~ thence
6.) Southwesterty along said curve, through a central angle of 23 008'35 ", a distance of 86.44
feet; thence
7.) N37134'43"W, a distance of 72.80 feet to the beginning of a curve to the right having a
radius of 74.00 feet; thence
8.) Northerly along said curve, through a central angle of 90`00'00 "; a distance of 116.24 feet;
thence
9.) N52 °25'1 7 "E, a distance of 53.33 feet to the beginning of a curve to the left having a radius
of 80.00 feet; thence
10,)Northerly along said curve, through a central angle of 92 °45'19 "; a distance of 129.51 feet
to the beginning of a reverse curve to the right having a radius of 786.00 feet; thence
11.)Northwestedy along said curve, through a central angle of 14'55'55 ", a distance of 204.84
feet; thence
12.)N25- 24'07'W, a distance of 798.75 feet to the beginning of a curve to the left having a
radius of 482.00 feet; thence
13.) Northwesterly along said curve, through a central angle of 07 817'26 "; a distance of 61.33
feet; thence
14.)N32'41'32'W, a distance of 103.50 feet to the beginning of a curve to the left having a
radius of 42.00 feet; thence
15.) Northwesterly along said curve, through a central angle of 61 °49121 a distance of 45.32
feet; thence
16.)S85'29'07'W, a distance of 83.42 feet; thence
17.)S76'59'06 "W, a distance of 87.39 feet; thence
IS.)S88'32'58'W, a distance of 234.66 feet; thence
19.)S89'59'01'W, a distance of 78.94 feet to the beginning of a curve to the right having a
radius of 65.00 feet; thence
20.)Westerly along said curve, through a central angle of 30 032'06'; a distance of 34.64 feet to
the beginning of a reverse curve to the left having a radius of 36.00 feet; thence
21.)Westedy along said curve, through a central angle of 30'07'42 ", a distance of 18.93 feet;
thence
22.)N89'3(r36 "W, a distance of 20.99 feet to the beginning of a curve to the right having a
radius of 60.00 feet; thence
23.)Northwestedy along said curve, through a central angle of 64 °30'37 "; a distance of 67.56
feet to the beginning of a reverse curve to the left having a radius of 105.00 feet; thence
24.)Northwesterly along said curve, through a central angle of 45 °27'07 ", a distance of 83.30
feet; thence
25.) N70'33'06"W, a distance of 156.10 feet to the beginning of a curve to the right having a
radius of 163.00 feet; thence
26.)Northwesteriy along said curve, through a central angle of 89 006'49'; a distance of 253.52
feet; thence
27.)N18 °33'43 "E, a distance of 66.47 feet; thence
28.)N08 "00'29'W, a distance of 42.89 feet, more or less, to a point on the southerly right -of -way
of Hecker Pass Highway (Route 152), said point being on a non - tangent curve to the left,
from which the radius point bears N20 030'44 "E, more or less, a radial distance of 1,550.00
feet; thence running along said southerly right -of -way
29.) Easterfy along said curve, through a central angle of 03 033'27", more or less, a distance of
96,24 feet more or less; thence leaving said southerly right -of -way
30.)S45 °07'55 "W, a distance of 42.57 feet, more or less; thence
31.)S18'33'43--W, a distance of 66.47 feet to the beginning of a curve to the left having a radius
of 105.00 feet; thence
32.)Southeastedy along said curve, through a central angle of 89 006'49'; a distance of 163.31
feet; thence
33.)S70 °33'06 "E, a distance of 141.41 feet to the beginning of a curve to the right having.a
radius of 200.00 feet; thence
34.)Southeastedy along said curve, through a central angle of 34 053'30'; a distance of 121.79
feet to the beginning of a reverse curve to the left having a radius of 45.00 feet; thence
35.) Southeasterly along said curve, through a central angle of 53 057'00 ", a distance of 42.37
feet thence
36.)S89'36'36 "E, a distance of $34.17 feet to the beginning of a curve to the right having a
radius of 78.00 feet; thence
37.)Southeasterly along said curve, through a central angle of 56055'04'; a distance of 77.49
feet; thence
38.)S32'41'32 "E, a distance of 103.50 feet to the beginning of a curve to the right having a
radius of 518.00 feet; thence
39.) Southeasterly along said curve, through a central angle of 0701728 "; a distance of 65.91
feet; thence
40.)525024'07 "E, a distance of 798.75 feet to the beginning of a curve to the left having a
radius of 750.00 feet; thence
41.) Southeasterly along said curve, through a central angle of 15'33'05'; a distance of 203.57
feet to the beginning of a reverse curve to the right having a radius of 213.00 feet; thence
42.)Southeastedy along said curve, through a central angle of 14 °5T20 ", a distance of 55.60
feet to the TRUE POINT OF BEGINNING.
Containing 149,049.78 square feet or 3.4217 acres, more or less.
END OF DESCRIPTION.
JOH
' ! t "V
CH 31, 20,06
., �• I
51M/05!
BATE
%��'CKE„R
NOTE:
DIMENSIONS DENOTED THUS (t)
SHALL BE ADJUSTED TO
COINCIDE WITH THE SOUTHERLY
LINE OF HECKER PASS HIGHWAY
t16
c 16
l
N89- 36 -36 "W 534.17' C17�
PARCEL 1
494 -M -43
.........._ ... ...............................
:::.:::::... ...........L10....
...........:.._.,......:.
c7 <�' -::. L
LENGTH
J1172),� 8
DELTA
Cl
LEGEND
P. 0. C.
POINT OF COMMENCEMENT:
T. P. 0. B.
TRUE POINT OF BEGINNING
----
PROPERTY BOUNDARY LINE
-- - - - - - -
EASEMENT LINE
74.00'
TIE LINE
C41
EXISTING LOT LINE
80.00'
92'45'19"
INGRESS/ECRESS EASEMENT (NON- EXCLUSIVE)
(R)
RADIAL BEARING
(t)
APPROXIMATE DIMENSION (SEE NOTE)
CURVE TABLE
CURVE
LENGTH
RADIUS
DELTA
Cl
145.99'
213.00'
3916'17"
C2
86.44'
214.00'
23'08'35"
C3
116.24'
74.00'
90'00'00"
C41
129.51'
80.00'
92'45'19"
C51204.84'
L7
786.00'
14'55'55"
C6
61.33'
482.00'
7-17'26"
C7
45.32'
42.00'
61'49'21"
C8
34.64'
65.00'
30'32'06"
C9
18.93'
36.00'
30'07'42"
C10
67.56'
60.00'
64'30'37"
Ci1
8130'
105.00'
45'27'07"
C12
253.52'
163.00'
89'06'49"
C13
96.24'
1550.00'
3'33'27"
C14
163.31'
105.00'
89'06'49"
C15
121.79'
200.00'
34'53'30"
C16
42.37'
45.00'
53'57'00"
C17
77.49'
78.00'
56'55'04"
C18
65.91'
518.00'
7'17'26"
C19
203-571
750.00'
15'33'05"
C201
55.60'1
213.00'
14'57'20"
EXHIBIT "B"
PLAT TO ACCOMPANY
DESCRIPTION FOR
SERVIENT TENEMENT
PORTIONS OF PARCELS I & 4, 494 -M -43
AND PORTIONS OF PARCELS "B" & "C" AS
DESCRIBED IN THE LOT LINE ADJUSTMENT
RECORDED AS DOCUMENT '#14139227
SANTA CLARA COUNTY, CALIFORNIA
PARCEL 4
494 -M -43
PARCEL C
DOCUMENT
#14139227
'_
1\ �
_s
t
X P.0.C.
PARCEL A
;� `t DOCUMENT
414139227
1
IN
\� C•s I �
N64'XWUR)
LINE TABLE
LINE
LENGTH
BEARING
L1
57.43'
N65'21'24 "w
L2
63.84'
N21'41'39 'E
L3
29.06'
N00'45'42 "W
L4
73.46'
N65'21'24 "W
L5
72.80'
N37'34'43 "W
L6
53.33'
N52'25'17 'E
L7
103.50'
N32'41'32 'W
L8
83.42'
N85'29'07 "E
L9
87,39'
N76'59'06 "E
L10
234.66'
N88'32'58 "E
L11
78.94'
N89'59'01 "E
L12
20.99'
N89'36'36 "W
L13
156.10'
N70'33'06 "W
L14
66.47'
N18'33'43'E
L15
42.89'
N08'00'29 "w
L16
42.57'
N45'07'55 "E
L17
56.47'
N18'33'43 "E
L18
141,41'
N70'33'06 "W
L19
103.50'
N32'at'32 "w
N76
PARCEL B
(:.....::......
.::;:::;:;�� DOCUMENT
#14139227
0 300 600 900
SCALE IN FEET: 1"= 300'
t geri - .
nsen -
zar & Assoclates
8055 CAMINO ARROYO • q�ROY, CA 45020 •
PHONE: (408) 848 -0300 • FAX- (408) 848 -0302
sUALL: UAIL; JOB NO.;
1" = 300' 5 -05 -2005 032045
�t)
STATE OF C 0;,t, CO TY �a,4
On /.3QS before
(here inserts name and title of the officer), personally appeared
personally known to me (or proved to me on the basis
of satisfactory evidence) to be the person(s) whose name(sr)are subscribed to the within
instrument and acknowledged to me that he/shelthey executed theessame in >iVherftheir 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.
and official seal.
'_Z- " /C�
W *.,*JANET K. WLL ACE
COMM. X13A19=7
Y Warypglft-r- lrornta
SANTA CUUtA COUNTY S
Comm. Exp, Juhy A 2COS
STATE OF C ORNIA
COUNTY OF A CLAZA
OnMA q I C -.d O , efore me, —Kp, `
), personally appeared
ally known to me (a- proued so ms oft ffiv+mt
to be the person(# w nameK is/ere-subscribed to the within
instrument and acknowledged to me thatJWshe/tl>,ey- ted the same in his/her /thetf"authorized
capacity(ies�, and that bybis7ber/t�signaturckryon the mqrument the person, or the entity
upon behalf of which the person>"acted, executed the instrum
WITNESS my hand and official seal. JANE T• (RUSE
1 ConmLulon # 1318647
4 a oIwy Pub0c - CaUfarnia
nla Clara County
Signature tdyCom resAup24.2C
S TE OF C FORNfAp,�
OCNNTC.�) s s
dS before me,- 5// 4P- A/- '�---
(htq ert name and title of the officer), personally appeared
personally known to me (or proved to me on the basis
of satisfactory evidence) to be the person(s) whose name(s)jore subscribed to the within
instrument and acknowledged to me that 1 hhe/thcy executed the same in• is 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.
WITNESS m and d official seal.
Signature �-� JANET K WALLACE
COMM. 51310027 in
Nolary Public."Ifpmis (A
w SANTA CLARA COUNTY
ST 0 �Gk. T
C Y
UN �k.
On 'I /G L�Abefore me :Z4ALa7"
(here ins a and title the offic r), personally appeared
r -�.d�d
My Comm Exp. July 23, 2005
"<C�4l�RC'.r_
personally known to me (or proved to me on the basis
of satisfactory evidence) to be the person(s) whose name(s) yLlAre subscribed to the within
instrument and acknowledged to me thahe /they executed the same iner /their authorized
capacity(ies), and that by his/her /their signature(s) on the instrument the p rson(s), or the entity
upon behalf of which the person(s) acted, executed the instrument.
WITNESS and nd official seal.
WALLACE
y co MW 01310W
ca
NM
Signature - w SANTTACU j coum a
Ca Exp J _�123, 2005 r