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Sterling, Robert & Rosalyn - 1207 Blue Parrot Court - Amendmenty When recorded return to: City of Gilroy City Hall 7351 Rosanna Street Gilroy, CA 95020 DOCUMENT: 17748940 111111111111111111111111 111 1111 lllll Pages: 3 Fees.... No Fees Taxes... Copies.. AMT PAID BRENDA DAVIS RDE # 005 SANTA CLARA COUNTY RECORDER 4/27/2004 Recorded at the request of 4 :15 PM City SPACE ABOVE THIS LINE FOR RECORDERS USE ONLY Project: Santa Teresa Boulevard Project Improvement Address: 1207 Blue Parrot Court APN: 783 -54 -053 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 17th day of April, 2004, ( "Effective Date ") by and between the City of Gilroy, California, a municipal corporation of the State of California, ( "City ") and Robert Sterling and Rosalyn Sterling, ( "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: 17136590, 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: 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. V H\618071 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 17th` day of April 2004. r Rosalyn SteAing UR618021 1 n STATE OF CALIFORNIA COUNTY OF SANTA CLARA On y— \'). -- CD'( , before me, ss. � 4 J, 4�� C? personally appeared V�\L--� J, %", ❑ personally known to me -0R- ,proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me r EDNA MARLENE CAMPERO T V COMM. #1459548 NOTARY PUBLIC - CALIFORNIA SAN MATEO COUNTY n My "OMM. EXPIRES DEC. 30, 2001 \.IH \618021 1 that heishe /they executed the same in —1 er /their authorized capacity(ies), and that by h4g%&/their 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 offi7fal seal. SIGNATUREPF NOTARY 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 OTHER: SIGNER IS REPRESENTING: Name ofPerson(s) or Entity(ies)