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Ramirez, Jose & Isabel - 8260 Delta Drive - Amendment When recorded return to: li/~m~i!lililfl,ill~mifii Pages: 3 City of Gilroy City Hall 7351 Rosanna Street Gilroy, CA 95020 Fees. Taxes. Copies. AMT PAID * No Fees BRENDA DAVIS RSANTA CLARA COUNTY RECORDER ecorded t th City a e request of ROE # 007 4/02/21304 11: 59 AM SPACE ABOVE THIS LINE FOR RELUKULl"\'u ~~- Project: Santa Teresa Boulevard Proj ect Improvement Address: 8260 Delta Drive APN: 783-25-001 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 20th day of March, 2004, ("Effective Date") by and between the City of Gilroy, California, a municipal corporation of the State of California, ("City") and Jose L. Ramirez and Isabel A. Ramirez, ("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: 16775400, dated: January 27,2003 (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: 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. IJH1618021.1 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 day of .~ -- ~O ,2004. GRANTOR(S): RycxGJJtllfrM~b Isabel A. Ramirez .. IJHI6180211 01-030904-04706002 -2- STATE OF CALIFORNIA } " COUNTY OF SANTA CLARA On j.. ;;rD-OY, before me, C; ct.,,\, v),. V\A . C ~.......~~sonally appeared ~')S-<- l -\- ] 4 c...J~ C\. \C.c'^^"--~ '\'l 2 o personally known to me -OR- cr- proved to me on the basis of satisfactory r- evidence to be the person(s) whose name(s)-isfare subscribed to the within instrument and acknowledged to me that ~hey executed the same in h.i.&LHefftheir authorized capacity(ies), and that by ltisfher/their signature(s) on the instrument the person(s). or the entity upon behalf of which the person(s) acted, executed the instrument. 1 ~ONA MARLENE CAMPERO ~ r ...... COMM. #1459548 g f.6-:. NOTARY PUBLIC. CALIFORNIA 00 It SAN MATEO COUNTY ~ r _ _ ~y ~O~M. ~P'~ES ..oE~ 30,:. 20~7 1 WITNESS my hand and offi ia' seal. IJH1618021.1 01-030904-04706002 "l -.) - 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 documcnt. INDIVIDUAL o CORPORATE OFFICERS(S) Title(s) o PARTNER(S) 0 LIMITED o GENERAL o ATTORNEY-IN-FACT o TRUSTEE(S) o GUARDIAN/CONSERVATOR o OTHER: SIGNER IS REPRESENTING: Namc of Person(s) or Entity(ies)