Inland Western Gilroy II, LLC (2)
-f
DOCUMENT: 20787814
Pages:
12
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
Fees.
Taxes.
Copies.
AMT PAID
'" No Fees
City of Gilroy
7351 Rosanna St.
Gilroy, CA 95020
RECORD WITHOUT FEE UNDER SECTION 27383
GOVERNMENT CODE OF STATE OF
CALIFORNIA
REGINA ALCOMENDRAS
SANTA CLARA COUNTY RECORDER
Recorded at the request of
Ci ty
RDE ** 004
7/21/2010
2: 14 PM
SPACE ABOVE THIS LINE FOR RECORDER'S USE
Mail Tax Statements to:
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
APN: 841-18-075
District File No.: 5031-64
Conveyance Tax: Exempt
AMENDED AND RESTATED
GRANT OF EASEMENT
INLAND WESTERN GILROY II, LLC, a Delaware limited liability company (HGrantor") and the CITY
OF GILROY, a California municipal corporation ("Grantee") hereby amend and restate the exclusive
easement ("Easement"), dated October 1. 2007 and recorded as document number 19835035 on April
30, 2008, over, upon and across certain real property in the City of Gilroy, County of Santa Clara, State
of California. in order to add the SANTA CLARA VALLEY WATER DISTRICT, a California special
district, as an additional Grantee. Said Easement shall be amended to read as follows:
INLAND WESTERN GILROY II. LLC, a Delaware limited liability company
eGrantor") hereby grants to the CITY OF GILROY, a California municipal corporation
and the SANTA CLARA V ALLEY WATER DISTRICT, a California special district.
(collectively "Grantee"), a perpetual exclusive easement ("Easement") over, upon and
across that certain real property ("Easement Property") in the City of Gilroy, County of
Santa Clara, State of Cali fomi a, described as follows:
Said Easement shall be for the following purposes:
(i) ingress and egress; and
(ii) construction, replacement, removal and maintenance of an access road and
all necessary appurtenances thereto; activities permitted hereunder may include
removal of existing turf, introduction of embankment fill, construction of fencing
and a gate (or gates) limiting access to the access road and relocation of
existing fencing.
IVPAPP\777846.1
111108-04706120
2
The rights granted herein shall insure to Grantee as well as such of Grantee's officers,
employees, agents, contractors, subcontractors and/or invitees that enter upon the
Easement Property with Grantee's permission.
In witness there of the parties have executed this Amended and Restated Grant of Easement as of
the date first below written.
Dated:
Dated:
Dated:
INLAND WESTERN GILROY II, INC, a Delaware
limited liability company
By:
Name:
~ 'Il,
It's:
THE CITY OF GILROY, a California municipal
rpora n
~ lot 1;0 V
By:
Name: Thomas J. Haglund
It's: City Administrator
1/ ;"t; / r2 {j I CJ
THE SANTA CLARA V ALLEY WATER
DISTRICT, a California special district
By: c:;r;;7// /
Name: 'beCtLl Go\dl'-e.
It's: C.EO
Inland Western Gilroy II, L.L.C., a Delaware
limited liability company
By: Inland Western Retail Real Estate Trust, Inc., a
Maryland corporation, its sole member
By:
Name:
Title:
, '\
tJ" ,~V\ (~L-f;)
Ann M. Sharp
Assistant Secretary
O.!JJ L{- - I 'f - 0 9 before me Il n
.kQ5e:/! Lki7e ~, personaliy appeared rm A) ~r~f '
~ personally known to me -OR- 0 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 0
hislher/their authorized capacity(ies), 0
and that by his/her/their signature(s) on 0
the instrument the person(s), or the 0
entity upon behalf of which the 0
person( s) acted, executed the
instrument.
~
STATE OF ILLINOIS
COUNTY OF DU PAGE
a:FtClAL SEAL
ROSE MARIE ALLRED
wm- P\&IC. STAll,......
tIf OQt II T181C1t JdUI.",1
\VPAPP\777846.1
111108-04706120
} $
WITNESS my hand and official seal.
PMP ~1' OffieJ
SIGNATURE OF NOTARY
CAPACITY CLAIMED BY SIGNER
Though statute does not require the Notary
to fiJl in the data below, doing so may
prove invaluable to persons relying on the
document.
o INDIVIDUAL
o CORPORATE OFFICERS(S)
Title(s)
PARTNER(S) 0 LIMITED
o GENERAL
A TIORNEY -IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERV A TOR
OTHER:
SIGNER IS REPRESENTING:
Name ofPerson(s) or Entity(ies)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
.
On
JS-
personally appeared
who proved to me on the basis1 ~!katisfactory evidence to
be the person($twhose name~af&subscribed to the
}WQin instrument and acknow~ged to me that
~he4l=tey executed the ~e i~erI#'teir authorized
capacity(i~, and that b~eFAAeir signature(~ on the
instrument the person(~ or the entity upon behalf of
which the person(M acted, executed the instrument.
j~---- - -- -------
P@ Corn=:~39OU I
I Notary PublIc - CaIIfomIo I
I Santa Clara CCHny -
_ ~ ~ _ _ ~"~~~1~'~ ~I
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
Place Notary Seal Above
Signature
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document A)
ntle onype of ~~~ent A~~t1l
Document Date: Lil \ \ _L; 7
Signer(s) Other Than Named Above:
curtd ~-t~kd 6YCLR-t or tR~Y1trJ-
Number of Pages: e
Capacity(ies) Claimed by Signer(s)
Signer's Name:
D Individual
D Corporate Officer - Title(s):
D Partner - D Limited D General
D Attorney in Fact
D Trustee
D Guardian or Conservator
D Other:
Top of thumb here
Signer's Name:
D Individual
D Corporate Officer - Title(s):
D Partner - D Limited D General
D Attorney in Fact
D Trustee
D Guardian or Conservator
D Other:
RIGHT THUMBPRINT
OF SIGNER
RIGHT THUMBPRINT
OF SIGNER
Top of thumb here
Signer Is Representing:
Signer Is Representing:
.~
@2007 National Notary Association. 9350 De Soto Ave.. P.O. Box 2402 . Chatsworth. CA 91313-2402. www.NationaINotary.org Item #5907 Reorder: Call Toll-Free 1-800-876-6827
'.
AP. No. 841..18..75
Newman Development
Easement
EXHIBIT 'N
Legal Description
PARCEL' A'
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 onJune 29. 2004 in Book 772 of Maps at Pages 1 through 4, and being more
particularly described as follows.
Commencing ata monument in well as shown on the Map of Tract No. 9463 as filed for
record in Book m of Maps at Page 3, said point of co~encemenr lying on the centerline of
Camiho Arroyo; thence North3l"32'48' West along said centerline 374.78 feet to a point on the
southerly line of the Santa Clara County Flood Control and Wa'tet District lands; thence North
.85.30'18' East, 94.45 feet along said southerly !ineto the. 'True Point of Beginning,' said }Joint of
Beginning lying at t:4e interSection of said^sQutherlylin~and the easterly fine of Camino Arroyo:
thence continuing along said SQutherly line, North 85'30118' East, 49.28 feet; thence leaving said
southerly line, -Sol1th40'05'22' West, 47JO feetto apoln! on said easterly line; thence along said
easterly line North 30.17'49' West. ~7.26 fe~t,tothe "Tru(:P0ll.1tof13eginning.'
Containing 827 sq1J~feeell).ore or less.
P.1j.....A1esl.J0llS-2OO6\OIo06'l.qpl Dcooriptionl\apn f.t1.t8-7SI.llt I Trott~6J r-..t OU6JI6.<b:
EXHIBIT B
L 618 O.R. 0184 (PARCEL A)
S.C.V.W.D. CHANNEL
- -
- -
P.O.B.
S85';50'18"W ,
97..59' .~ 94.45.3
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" d>~\.~.o.... A.P.No. 841-18-75
~ NEWMAN DlVaoPMENT GROUP
OF GIlROY, CA
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LOT 1
TRACT NO. 9401
8K 757 MAPS PC 10-15
LINE SCHEDULE
<DN 85'30'18" E. 49.28'
@S 4O"OS'22M W, 47.10'
@)N 3Q'17'49~W, J7.26'
SCALE:
'"='100'
GRAPHIC SCALE
.() " 100
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. S~E~ fEET
Ross G, Stephenso,n
Associates, Inc,
Engineering and Surveying
2801 Cotf't Rood. Suile B-1 Mode$to, CoIifomio 95355
(209) 518-3895 / "'ox. (209) 578-3929
- -
- -PARCEL "AU
827 SQUAAE FEET
(0,019 ACRE)
LOT 1
TRACT NO, 9463
BK 772 MAPS PG 1-4
PLAT OF DESCRIPTION
CITY Of GILROY.. CA
CAMINO ARROYO BRIDGE
AT S.C.V.W.O. CHANNEL
J08Ho.01~
Am 4il8/07
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CONSENT AND SUBORDINATION
755099
The undersigned, BANK OF AMERICA, NATIONAL ASSOCIATION (SUCCESSOR
BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION), AS TRUSTEE FOR
BEAR STEARNS COMMERCIAL MORTGAGE SECURITIES INC., COMMERCIAL
MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-PWR13, AS SUCCESSOR-
IN-INTEREST TO PRINCIPAL LIFE INSURANCE COMPANY ("Lender"), is the lender
under the following described Deed of Trust ("Deed of Trust") which currently encumbers that
certain tract ofland more particularly described in Exhibit A attached hereto, dated August 23,
2006, recorded August 26,2006 as Document No. 19081358 of the Official Records of Santa
Clara County, California.
Lender hereby consents to the execution and recordation of the Grant of Easement
("Easement") to which said Easement this Consent and Subordination is attached. Lender hereby
subordinates the Deed of Trust to the Easement (but to no other documents either on or off
record or other title) to the same extent and with the same force and effect as if the Easement had
been executed and recorded prior to the execution and recordation of the Deed of Trust.
IN WITNESS WHEREOF, Lender has executed this Consent and Subordination this
i;( '7;11 day of JQlJoJ.fJ.I'Y ,2009.
LENDER
BANK OF AMERICA, NATIONAL ASSOCIATION
(SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL
ASSOCIATION), AS TRUSTEE FOR BEAR STEARNS
COMMERCIAL MORTGAGE SECURITIES INC.,
COMMERCIAL MORTGAGE P ASS-THROUGH
CERTIFICATES, SERIES 2006-PWR13
By: PRINCIPAL GLOBAL INVESTORS, LLC,
a Delaware limited liability company, in its capacity as
Primary Servicer, its authorized signatory
By: ~Cv ~
Name: emLeSbBr
T i tl e: CUBS SenlOrUndeNftl8r
BY:~
Name: ~._
Title: CMBS PortroIio__
.
STATE OF IOWA )
)
COUNTY OF POLK )
On this 30th day of January, 2009, before me, the undersigned, a Notary Public in and for
the said State, personally appeared Eric LeSher and Kristine J. White, to me personally known to
be the identical persons whose names are subscribed to the foregoing instrument, who being by
me duly sworn, did say that they are the CMBS Senior Underwriter and CMBS Portfolio
Analyst, respectively, of PRINCIPAL GLOBAL INVESTORS, LLC, a Delaware limited
liability company, in its capacity as Primary Servicer, authorized signatory of BANK OF
AMERICA, NATIONAL ASSOCIATION (SUCCESSOR BY MERGER TO LASALLE BANK
NATIONAL ASSOCIATION), AS TRUSTEE FOR BEAR STEARNS COMMERCIAL
MORTGAGE SECURITIES INC., COMMERCIAL MORTGAGE PASS-THROUGH
CERTIFICATES, SERIES 2006-PWR13, and that the seal affixed to the instrument is the seal of
Principal Global Investors, LLC; that the instrument was signed and sealed on behalf ofthe
company by Principal Global Investors, LLC, as authorized signatory of BANK OF AMERICA,
NATIONAL ASSOCIATION (SUCCESSOR BY MERGER TO LASALLE BANK
NATIONAL ASSOCIATION), AS TRUSTEE FOR BEAR STEARNS COMMERCIAL
MORTGAGE SECURITIES INC., COMMERCIAL MORTGAGE P ASS-THROUGH
CERTIFICATES, SERIES 2006-PWR13, by authority of the Board of Directors of BANK OF
AMERICA, NATIONAL ASSOCIATION (SUCCESSOR BY MERGER TO LASALLE BANK
NATIONAL ASSOCIATION), AS TRUSTEE FOR BEAR STEARNS COMMERCIAL
MORTGAGE SECURITIES INC., COMMERCIAL MORTGAGE PASS-THROUGH
CERTIFICATES, SERIES 2006-PWR13; and that the aforesaid individuals each acknowledged
the execution ofthe foregoing instrument to be the voluntary act and deed of Principal Global
Investors, LLC, as authorized signatory of said company, by it and by them voluntarily executed.
~ Ca~~~/2~71<~e/
N tary Public in an or Polk County, Iowa
~ M. EDITH LAWRENCE
. 1- Commission Number 189370
. My Commission ExpIres
March 25, 2012
~
CERTIFICATE OF ACCEPTANCE
(Government Code Section 27281)
Certificate of Acceptance of Conveyance to the City of Gilroy by
Inland Western Gilroy II, LLC
This is to certify that the interest in real property conveyed by the Conveyance by the
Amended and Restated Grant of Easement dated April 14, 2009 from Inland Western Gilroy II,
LLC, a Delaware limited liability company, 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. 2008-56 of the City of Gilroy adopted
December 15, 2008, 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 #20093294, dated January
9,2009 and the grantee consents to recordation thereof by its duly authorized officer.
By:
, City Administrator
City of Gilroy
In witness whereof, I have hereunto set my hand on
}I.
DOCUMENT NO.: 5031-64
AL~PURPOSEACKNOWLEDGMENT
STATE OF CALIFORNIA }
COUNTY OF SANTA CLARA SS
On this ~ day Of~\ u
)
Notary Public, personally appeared
, in the year 20/V, before me N I c..hc.J~_ L. k:t It J '
fbtCuJ G{){di~
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person~ whose name(i)
is/are subscribed to the within instrument and acknowledged to me that he/sAefthey executed
the same in his/he1/l1reir authorized capacity(ies), and that by his/Aerftheir signature~) on the
instrument the person(l), 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.
[~----~-----~ --
. MICHELE L.lW
. ContmINIon # 1759891 1
j ~. Notary PublIc . Callfornlo I
J Santo Clara County -
w _ _ _ _ _~~.~~~~.~_lJ
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.
o Individual
o Corporate Officer(s): _
o Partner(s) 0 Limited 0 General
o Attorney-In-Fact_
o Trustee (s)
o
o
Guardian/Conservator
Other:
Signer is Representing (Name of Person(s) or Entity (ies)
C:\Documents and Setlings\bradimam\Local Setlings\Temporary Internet Files\Content.Outlook\OKCTY365\Grant Deed_FC
122.doc (01/22/09)
Page 1 of 1
~
.A.
DOCUMENT NO.: 5031-64
CERTIFICATE OF CONSENT AND ACCEPTANCE
This is to certify that the interest in real property conveyed by the attached Deed or Grant to
Santa Clara Valley Water District is hereby accepted by the undersigned duly authorized agent
on behalf of the Board of Directors of said Santa Clara Valley Water District, pursuant to
authority conferred by Resolution No. 68-25 of said Board of Directors adopted on the 26th day
of March 1968, recorded March 27, 1968, in Book 8069 Page 535, Official Records of Santa
Clara County, California, and the Grantee consents to recordation thereof by its said duly
authorized agent.
Dated: 7 //~ I/o
20_
Santa Clara Valley Water District
BY:~~
Chie utlve Offlcer/Glerk of the B0.11 d of Dlf8ctors
(Strike out inapplicable one)