Foothill Townhomes/Owners Assoc. - 8430-8460 Delta Drive Units 13,14,15,16,17 - Amendment-/ A;�J ray &. &II Lr-,�
When recorded return to:
City of Gilroy
City Hall
7351 Rosanna Street
Gilroy, CA 95020
DOCUMENT: 17836124
il 1111111111111111111111
BRENDA DAVIS
SANTA CLARA COUNTY RECORDER
Recorded at the request of
City
Pages: 3
Fees.... * No Fees
Taxes...
Copies..
AMT PAID
RDE # 006
6/09/2004
409 PM
SPACE ABOVE THIS LINE FOR RECORDERS USE ONLY
Project: Santa Teresa Boulevard
Project Improvement
Address: 8430 -8460 Delta Drive
Units 13, 14, 15, 16, 17
APN: 783 -28 -000
FIRST AMENDMENT TO THE RIGHT OF ENTRY AND TEMPORARY
CONSTRUCTION EASEMENT
This amendment to the Right of Entry and Temporary Construction Easement ( "First
Amendment to Right of Entry ") is made and entered into on this 5t" day of May 2004, ( "Effective
Date ") by and between the City of Gilroy, California, a municipal corporation of the State of
California, ( "City ") and Foothill Townhomes/ Home Owner's Association ( "Grantor "). City and
Grantor may be referred to herein individually as a "Party" or collectively as the "Parties."
RECITALS:
A. City and Grantors are currently Parties to a Right of Entry and Temporary
Construction Agreement, recorded at the Santa Clara County Recorder's Office, Document
Number: 17136596, dated: June 25, 2003 (hereinafter "Right of Entry ");
NOW, THEREFORE, in consideration of the factual premises and the covenants and
conditions set forth in this First Amendment to Right of Entry, City and Grantor hereby agree as
follows:
Section 5 of the Right of Entry is hereby amended to read as follows:
"5. Where necessary, improvements on the Property will be removed
by the City. Such improvements will be reconstructed at the City's sole expense
upon the termination of the Easement, or if reconstruction is not feasible, the City
will pay Grantor the value of such improvements, which payments shall be in
addition to the purchase price for the Easement as set forth above."
2. All other terms of the Right of Entry which are not in conflict with the provisions
of this First Amendment to Right of Entry, shall remain unchanged in fill force and effect. In
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01- 030904 - 04706002
case of a conflict in the terms of the Right of Entry and this First Amendment to Right of Entry,
the provisions of this First Amendment to Right of Entry shall control.
3. The Parties acknowledge and accept the terms and conditions of this First
Amendment to the Right of Entry as evidenced by the following signatures of their duly
authorized representatives. It is the intent of the Parties that this First Amendment to Right of
Entry shall become operative on the Effective Date first set forth above.
Executed on this 5 "' day of May 2004.
GRANTORS:
CITY O
1JH1618021.1 _2_
01- 030904 - 04706002
Y $AKSA, City Administrator
STATE OF CALIFORNIA
ss.
COUNTY OF SANTA CLARA
On _h -��{ before me, QCuy —\
personally appeared t a-"
❑ personally known to me -OR - proved to me on the basis of satisfactory
y¢ =" NA MARLENE CAMPERO
S' \4
U 3 ,;I COMM. X1459548 "1
NOTARY PUBLIC• CALIFORNIA 0
1- SAN MATED COUNTY n
%Iy COMM. EXPIRES DEC. 30, 200T-'
1J H1618021.1
01- 030904 - 04706002
evidence to be the person(s) whose
name(s) isAwe. subscribed to the within
instrument and acknowledged to me that
he /sey executed the same in
his /4w4+eir authorized capacity(ies),
and that by his /her4keir signature(s) on
the instrument the person(s). or the
entity upon behalf of which the
person(s) acted, executed the
instrument.
WITNESS my hand and official seal.
�z� _>
SIGNATURE NOTARY
-3-
CAPACITY CLAIMED BY SIGNER
Though statute does not require the Notary
to till in the data below, doing so may
prove invaluable to persons relying on the
document.
❑ INDIVIDUAL
❑ CORPORATE OFFICERS(S)
IN
Title(s)
PARTNER(S) ❑ LIMITED
❑ GENERAL
ATTORNEY -IN -FACT
TRUSTEE(S)
GUARDIAN /CONSERVATOR
OTHER:
SIGNER IS REPRESENTING:
Name of Person(s) or Entity(ies)