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Martinez, Herbert & Lily - 9330 Benbow Drive - AmendmentWhen recorded return to: City of Gilroy City Hall 7351 Rosanna Street Gilroy, CA 95020 DOCUMENT: 17695872 Pages: 3 Fees.... No Fees Taxes... Copies.. AMT PAID BRENDA DAVIS RDE # 007 SANTA CLARA COUNTY RECORDER 4/02/2004 Recorded at the request of 11 59 AM City SPACE ABOVE THIS LINE FOR RECORDERS USE ONLY Project: Santa Teresa Boulevard Project Improvement Address: 9330 Benbow Drive APN: 783 -48 -104 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 20 °i day of March, 2004, ( "Effective Date ") by and between the City of Gilroy, California, a municipal corporation of the State of California, ( "City ") and Herbert and Lilly V. Martinez, ( "Grantors "). City and Grantors 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: 16918915, dated: March 28, 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 Grantors 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 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 I . 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 day of `J �� , 2004. By: L>i y . Martinez \JH \618021.1 _2_ 01- 030904 - 04706002 STATE OF CALIFORNIA ss. COUNTY OF SANTA CLARA CAPACITY CLAIMED BY SIGNER On aV-C't�, before me, p y Though statute does not require the Notary q_ a� �yisonall to fill in the data below, doing so may prove invaluable to persons relying on the appeared V-t 1hk c' , -y` 's, 2 document. ❑ personally known to me -OR -N proved to me on the basis of satisfactory evidence to be the person(s) whose T 9"myCOMMAXPIRESUTC.30,2007 DNA MARLENE CAMPERO I O COMM. #1459548 U NOTA�YPUBLIC - CALIFORNIA Q SAN MATEO COUNTY n -' W H1618021.1 01- 030904 - 04706002 name(s) is/are subscribed to the within instrument and acknowledged to me that he> M executed the same in hi0mr /their authorized capacity(ies), and that by kisl�/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WIT4ESS my hand and officio I seal. SIGNATUR NOTARY -J- E-j INDIVIDUAL ❑ CORPORATE OFFICERS(S) n Title(s) PARTNER(S) ❑ Llmi'rED ❑ GENERAL ATTORNEY -IN -FACT TRUSTEE(S) GUARDIAN /CONSERVATOR OTHER: SIGNER IS REPRESEN'rING: Name of Person(s) or Entity(ies)