Jensen, Kort & Cherie - 1145 Bay Tree Drive - Amendment
DOCUMENT: 17695867
Pages: 3
When recorded return to:
111111111111111111111111
Fees. * No Fees
Taxes.
Cop i es. .
AMT PAID
City of Gilroy
City Hall
7351 Rosanna Street
Gilroy, CA 95020
BRENDA DAVIS
SANTA CLARA COUNTY RECORDER
Recorded at the request of
City
ROE ** 007
4/02/2004
11: 59 AM
SPACE ABOVE THIS LINE FOR RECORDERS USE ONLY
Project: Santa Teresa Boulevard
Project Improvement
Address: 1145 Bay Tree Drive
APN: 783-39-018
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 30th day of March, 2004,
("Effective Date") by and between the City of Gilroy, California, a municipal corporation of the
State of California, ("City") and Kort D. Jensen and Cherie L. Jensen, ("Grantors"). City and
Grantors may be referred to herein individually as a "Party" or collectively as the "Parties."
RECIT ALS:
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: 17005234, dated: May 1, 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:
1. 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 full force and effect. In
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.
\JH\618021.1
01-030904-04706002
-1-
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 30th day of March 2004.
B
GRANTORS:
BY~~
Cherie . 1 sen
IJH1618021.1
01-030904-04706002
-2-
STATE OF CALIFORNIA
COUNTY OF SANTA CLARA
''.2 ") ~ -0"\
On.,y:::> U , before me,
personally appeared \L.c '\, -" \J' .\-
D personally known to me -OR- ~
T - ~ - - - - - - - - - -
'"'@.....EDNAMARLENECAMPERO r
() . COMM. '1459548 -f
() .. ..:; . NOiAi1Y PUBLIC. CALIFORNIA 0
... SAN MATEO COUNTY 0
1 _ _' _ _MY ~O~M. ~XP'~tS _OES 30~ 20~71
IJH1618021.1
01-030904-04706002
} "
'Z <-\.v,\!.>.
C' 1-1"-"".:'>.< ,-,,'
\
(I.J\. '-
C_J,.'-..;.., , , L.
\.1:. .V'lt.....~.\.~,
..l
proved to me on the basis of satisfactory
evidence to be the person(s) whose
name(s) ~re subscribed to the within
instrument and acknowledged to me that
~/they executed the same in
i'lts'fher/their authorized capacity(ies),
and that by ~/their signature(s) on
the instrument the person(s). or the
entity upon behalf of which the
person(s) acted, executed the
instrument.
,..,
- -'-
CAPACITY CLAIMED BY SIGNER
Though statute does not require the Notary
to fill in the data below, doing so may
prove invaluable to persons relying on the
document.
"E{INDIVIDUAL
D CORPORATE OFFICERS(S)
Title(s)
D PARTNER(S) D LIMITED
D GENERAL
D ATTORNEY-IN-FACT
D TRUSTEE(S)
D GUARDIAN/CONSERVATOR
D OTHER:
SIGNER IS REPRESENTING:
Name of Person(s) or Entity(ies)