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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