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Serros, Robert & Eudelia - 8401 Gaunt Avenue - AmendmentWhen recorded return to: City of Gilroy City Hall 7351 Rosanna Street Gilroy, CA 95020 DOCUMENT: 17695879 111111111111111111111111 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 1159 AM City SPACE ABOVE THIS LINE FOR RECORDERS USE ONLY Project: Santa Teresa Boulevard Project Improvement Address: 8401 Gaunt Avenue APN: 790 -03 -015 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 27th day of March, 2004, ( "Effective Date ") by and between the City of Gilroy, California, a municipal corporation of the State of California, ( "City ") and Robert G. Serros and Eudelia M. Serros, ( "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: 17136598, 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 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. 1J H1618021.1 _ 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 27`x' day of March 2004. GRANTORS: By: Robert G. Serros By: d / Eudlia M. Serros 1JH1618021.1 _ 01- 030904 - 04706002 _2 STATE OF CALIFORNIA ss. COUNTY OF SANTA CLARA On ���- �� before me, personally appeared ❑ personally known to me -OR- proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) i-s/are subscribed to the within instrument and acknowledged to me that ht4A+@Ahey executed the same in EDNA MARLENE CAMPER0� may& - their authorized capacity(ies), V COMM. #1459540" IFO 0 and that b � /their sionature(s) on NOTARY PUBLIC - �AIIFcR�IA y � + SAN MAtFO CAt►+NTY Q the instrument the person(s). or the My COMM. EXI'll,! S DI C. 30, 2001 ' entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand an icial sell. SIGNATURE OF , TARY WH1618021.1 _3 _ 01- 030904 - 04706002 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. INDIVIDUAL CORPORATE OFFICERS(S) Title(s) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTIIER: SIGNER IS REPRESENTING: Name of Person(s) or Entity(ies)