Vineyard Place/Home Owner's Assoc. - 8266 Gaunt Avenue - AmendmentSPACE ABOVE THIS LINE FOR RECORDERS USE ONLY
Project: Santa Teresa Boulevard
Project Improvement
Address: 8266 Gaunt Avenue
APN: 790 -49 -000
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 Vineyard Place/ Home Owner's Association ( "Grantor "). City
and Grantor 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: 11 Jjh5 `j dated: b 1 , 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.
WH \618021 1
DOCUMENT: 17748941
Pages: 3
Fees....
* No Fees
Taxes...
When recorded return to:
Copies..
AMT PAID
City of Gilroy
BRENDA DAVIS
RDE # 005
City all
Y
SANTA CLARA COUNTY RECORDER
4/27/2004
7351 Rosanna Street
Recorded at the request of
4:15 PM
Gilroy, CA 95020
City
SPACE ABOVE THIS LINE FOR RECORDERS USE ONLY
Project: Santa Teresa Boulevard
Project Improvement
Address: 8266 Gaunt Avenue
APN: 790 -49 -000
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 Vineyard Place/ Home Owner's Association ( "Grantor "). City
and Grantor 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: 11 Jjh5 `j dated: b 1 , 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.
WH \618021 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 17`h day of Apri12004.
GRANTORS:
Vineyard Place/ Home Owner's Association
By: .
UH09071 1
STATE OF CALIFORNIA
ss.
COUNTY OF SANTA CLARA
On before me, �Z �Cti� o
personally appeared
❑ personally known to me -OR- 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
emy DNA MARLENE CAh1PER0 that he /she /they executed the same in
U COMM. *1459548 his/her /their authorized capacity(ies),
NOTA RYPUBLIC- CALIFORNIA Q and that by his/her /their signature(s) on
SAN MATFO Ct)u%'Y Q the instrument the person(s), or the
COMM. EXPIRE S M C. 30, 2007 entity upon behalf of which the
person(s) acted, executed the
instrument.
WITNESS my hand and offic'A1 seal.
SIGNATURE NOTARY
\.IH \618021 1
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 of Person(s) or Entity(ies)