Tabaldo, Russell & Rita - 9370 Benbow Drive - AmendmentDOCUMENT: 17695878
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City of Gilroy RDE # 007
BRENDA DAVIS 4/02/2004
City Hall SANTA CLARA COUNTY RECORDER
7351 Rosanna Street 11:59 AM
Recorded at the request of
Gilroy, CA 95020 City
SPACE ABOVE THIS LINE FOR RECORDERS USE ONLY
Project: Santa Teresa Boulevard
Project Improvement
Address: 9370 Benbow Drive
APN: 783 -48 -108
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 Russell Tabaldo and Rita Tabaldo, ( "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: 16775406, 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 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.
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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 ou this 27t" day of March 2004.
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01- 030904 - 04706002
-2-
STATE OF CALIFORNIA
SS.
COUNTY OF SANTA CLARA
On `3 -:11_0 L\ , before me, 9 A a Nr, C < ✓—�
personally appeared A- \I,\,.r T —
❑ personally known to me -OR- N
EDNA MARLENE CAMPERO I
U , COMM, *1459548
U NOTARY PUBLIC • CALIFORNIA n
SAN MATEO COUNTY n
MYCOMM. EXPIRES DEC. 30, 2001
\JH \618021.1
01- 030904 - 04706002
proved to me on the basis of satisfactory
evidence to be the person(s) whose
name(s) i are subscribed to the within
instrument and acknowledged to me that
/they executed the same in
his+erltheir authorized capacity(ies),
and that by h44 w /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 official seal.
SIGNATURE NOTARY
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
❑ CORPORATE OFFICERS(S)
Title(s)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
❑ ATTORNEY -IN -FACT
❑ TRUSTEE(S)
❑ GUARDIAN /CONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
Name of Person(s) or Entity(ies)