Inland Western Gilroy II, LLC - Project Camino Arroyo Gap
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CHICAGO TI
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DOCUMENT: 19835036
II II 11111" III1III " II
Pages: 8
When recorded return to:
Fees. * No Fees
Taxes.
Copies
AMT PAID
City of Gilroy
City Hall
7351 Rosanna Street
Gilroy, California 95020-6197
REGINA ALCOMENDRAS
SANTA CLARA COUNTY RECORDER
Recorded at the request of
Chicago Title
ROE ** 003
4/30/2008
8:00 AM
Record without Fee
Govt. Code. Sec. 6103
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SPACE ABOVE THIS LINE FOR RECORDER'S USE
Document No.: 2
Project: Camino Arroyo Gap
APN: 841-18-075
Temporary Construction Easement
INLAND WESTERN GILROY II, LLC, A Delaware Limited Liability Company herein referred
to as "Grantors," Grant to the City of Gilroy, a municipal corporation of the State of California
hereafter referred to as "Grantee," a Temporary Construction Easement over, upon and across a
portion of that real property in the City of Gilroy, County of Santa Clara, State of California,
described as:
See Exhibit "A" attached hereto and made a part hereof, which description by this
reference is incorporated herein.
This Temporary Construction Easement is granted under the express conditions listed below:
1. Grantor represents and warrants that she/he is the owner of the property described in "Exhibit
A" attached hereto and made a part hereof, and that Grantor has the exclusive right to grant
the easement.
2. This easement is necessary for the purpose of constructing the Camino Arroyo Gap Project
and related activities incidental to construction. This Temporary Construction Easement
shall be for a period of 18 months and shall continue until terminated by written notice
provided by the City of Gilroy to the Owner or until July 15,2008, which ever is later.
3. Grantee will keep area covered by the easement clean and remove all debris related to its
construction.
4. Grantee agrees to indemnify and hold harmless Grantor from and against any and all claims,
damages, liabilities, costs or any expenses whatsoever, arising from or caused, directly or
indirectly by the entry onto the property by Grantee or it" agent's, employees, invitees,
contractors and subcontractors.
Inland Western Gilroy II, LLC, a Delaware Limited Liability Company
I day of
BY:
It's:
,2007
Dated this
BY:
It's:
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M\Cfl"Qc,j
<'~rto~~ b\ocJL
By:
Inland Western Gilroy II, L.L.C., a Delaware
limited liability company
Inland Western Retail Real Estate Trust, Inc., a
Maryland corporation, its sole member
~V~
Mary . coo~er
Assistant Secretary
By:
Name:
Title:
fZLr ~f d f ~
- CALli' O~'r,.nA ALLMPiJRPOSE ACK1~OWLEDGEl\lENT
JU1I<vid/S
STATE OF CJ\Lll'vl<l~l:*
COUNTY OF '-PDt fe, ~-
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personally appeared,
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before me, Q,,; G /J )"t1Z Ii: Jk I "~j N01lH'"--'1 Ii 8i; (
NAME, TITLE OF OFFICER - E.G.., "JANE DOE, NOTARY PUBUC
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Li" .' r1 (! /-1 /::-l'--.
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On
DATE
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
that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
hislher/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.
OFFICIAL SEAL
ROSE MARIE ALLRED
NOTARY PUBLIC. STATE OF iLliNOIS
MY COMMiSSION EXPIRES 05121109
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NOTARY PUBLIC SIGNATURE
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OPTIONAL INFORMATION
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DATE OF DOCUMENT
NUMBER OF PAGES
SIGNERS(S) OTHER THAN NAMED ABOVE
SIGNER'S NAME
SIGNER'S NAME
RIGHT THUMBPRINT
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CERTIFICATE OF ACCEPTANCE
(Government Code Section 27281)
Certificate of Acceptance of Conveyance to the City of Gilroy by
Inland Western Gilroy II, LLC
a Delaware Limited Liability Company of the City of Gilroy
This is to certify that the interest in real propeI1ff ~onveyed by the Temporary
tf)~. I ;lC07 '?
Construction Easement Deed dated ~, 2968 from Inland Western Gilroy II, LLC, a
Delaware Limited Liability Company of the City of Gilroy to the City of Gilroy, a municipal
corporation of the State of California, is hereby accepted by the undersigned officer or agent on
behalf of the City of Gilroy pursuant to authority conferred by Resolution No. 2004-20 of the
City of Gilroy adopted March 15, 2004, a certified copy of which resolution is on record in the
office of the County Recorder of the County of Santa Clara, State of California, document
#17703402, dated April 6, 2004 and the grantee consents to recordation thereof by its duly
authorized officer.
In witness whereof, I have hereunto set my hand 0
By:
.'
ACKNOWLEDGMENT
STATE OF CALIFORNIA )
)ss.
COUNTY OF SANTA CLARA )
TITLE OF DOCUMENT: Certificate of Acceptance
Inland Western Gilroy II, LLC
On April 28, 2008, before me, Susan R. Johnson, Notary Public, personally appeared Anna
Jatczak, who proved to me on the basis of satisfactory evidence to be the person whose name is
subscribed to the within instrument and acknowledged to me that she executed the same in her
authorized capacity, and that by her signature on the instrument the person, or the entity upon
behalf of which the person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
~(<.~
Signature of No ublic
@ SUSAN R. JOHNSON
.-.. " Commission # 15431 04
i . -,,; Notary Public - Califomla ~
" , Santa Clara County
. My Comm. expires Jan 9.2009
(Notary Seal)
A.P. No. 841~18'75
Newman Development
Temp. Const. Easement
EXHIBIT "A"
Legal Description
PARCEL 'B'
Being a portion of Lot 1 as shown on that certain map entitled 'Tract No. 9463 Highway 152
Retail Center ~ Phase 2: which map was filed in the Office of the Recorder of Santa Clara
County, California on June 29, 2004 in Book 772 of Maps at Pages 1 through 4, and being more
particularly described as follows,
Commencing at a monument in well as shown on the Map of Tract No. 9463 as filed for
record in Book 772 of Maps at Page 3, said point of commencement lying on the centerline of
Camino Arroyo; thence North 3r32'4S' West along said centerline 374.78 feet to a point on tlle
southerly line of the Santa Clara County Flood Control and Water District lands; thence North
85'30'18' East, 143.73 feet along said southerly line to the 'True Point of Beginning"; thence
continuing along said southerly line, North 85n30'18' East, 21.45 feet; thence leaving said
southerly line, South 40.05'22' \-Vest, 67.60 feet to a point on the easterly line of Camino Arroyo;
thence along said easterly line North 30017'49' vVest, 16.22 feet; thence leaving said easterly line
North 4001:)5'22" East, 47.10 feet to the 'True Point of Beginning:
Containing 827 square feet more or less.
F:\!nbTiks\]OnS-:WM\t)l--0<"Mxgal1X:$'i:6ptaw;s\.,l.j'n $41,.15,75 L,'Jt I Tr~l,.~t 9463 ltmp CnH':lt bi~1.: Dl 06 ti6.do(
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EXHIBIT B
L 618 OR. 0184 (PARCEL A)
S,C,V.W,D. CHANNEL
LOT 1
TRACT NO. 9401
8K 757 MAPS PC 10-15
~PARCEL "B"
876 SQUARE FEET
(0,02 ACRE)
LOT 1
TRACT NO. 9463
8K 772 MAPS PC 1-4
A.P .No. 841-18-75
NEWMAN DEVELOPMENT GROUP
OF GILROY. CA
SCALE:
1"=100'
G)N 85'30'18" E, 49.28'
@)N 85'30"8" E, 21,45'
o S 40'05'22" W, 67.60'
@) N 30'17'49" W, 16.22'
@N 40'05'22" E. 47.10'
GRAPHIC SCALE
o 100 (
~_-....l ..
SCALE IN FEET
.....-
//
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LINE SCHEDULE
EXPIRES 3-31-09
Ross G, Stephenson
Associates, Inc.
Engineering and Surveying
2801 Coffee Rood. Suite 8.-1 f.~odesto. California 95355
(209) 578-3895 / Fox, (209) 578-3929
PLAT OF DESCRIPTION
CITY OF GILROY, CA
CAMINO ARROYO BRIDGE
AT S.C.v.W.D. CHANNEL
TEMPORARY CONSTRUCTION EASEMENT
JOB No. 01-06
0... 1'(; 4/18/07
owe, PLAT
ORAIIl4 BY; NJC
ALE: I'R1CO'
CHECKED; ReS