Inland Western Gilroy II, LLC
INSURED G'W~
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DOCUMENT: 19835035
Pages: 1 0
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
U ~IIIIIIIIII ~~ II ~
Fees.
Taxes. .
Cop i es. .
AMT PAID
* No Fees
City of Gilroy
7351 Rosanna St.
Gilroy, CA 95020
Attention: Don Dey
REGINA ALCOMENDRAS
SANTA CLARA COUNTY RECORDER
Recorded at the request of
Chicago Title
RDE ** 003
4/30/2008
8:00 AM
RECORD WITHOUT FEE UNDER SECTION 27383
GOVERNMENT CODE OF STATE OF
CALIFORNIA
SPACE ABOVE TIllS UNE FOR RECORDER'S USE
Mail Tax Statements to:
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
APN: 841-18-075
;;j~1~~:~ Tax: Exempt
~rt~-trJ4
GRANT OF EASEMENT
INLAND WESTERN GILROY n, u..c, a Delaware Limited Liability Company ("Grantor") hereby
grants to the CITY OF GILROY, a California municipal corporation (uGrantee"), an exclusive easement
(c'Easement") over, upon and across that certain real property e12sement Property") in the City of
Gilroy, County of Santa Clara, State of California, as described as follows:
See descriptions attached hereto as EXlllBIT UN' and EXIDBIT uB."
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.
The rights granted herein shall inure 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.
Dated:
/tJ-tJl-07
By:
Name:
It's:
1/ .S1~~ jJ1fJ
/ l
./
/
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 ~V' ~
Name: Mary. Cooper
Title: '~~~istant Secretary
..
J:- L-L /1Vt)/ S
. CALIFOItNIA ALL-PURPOSE ACKi'iOWLEDGEl\IENT
.:c i-LJ 11/ CIS
STATE OF€1\LIFOItNIA
COUNTY OF l) (,{ P Pr G e
)
)
J
On f 0 - t - 0 7 before me. ,(1 so: /r7M IE: /tUU DJlhl ~ ({f3~{'c
DATE NAME, TITLE OF OFFICER - E.G.., "JANE DOE, NOTARY PUBLIC
personally appeared, /)) f-rlc2-j V (! OO,p ~
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 hislher/their authorized capacity(ies), and that by
his/her/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.
~
o ,I , /
~. ~ f1t~FAL)
NOTARY PUBLIC SIGNATURE
OFFICIAL SEAL
ROSE MARIE ALLRED
NOTARY PUBLIC - STATE OF ILLINOIS
MY COMMISSION EXPIRES:05/21/09
OPTIONAL INFORMATION
THIS OmONAL INFORMATION SECTION IS NOT REQUIRED BY LAW BUT MAY BE BENEFICIAL TO PERSONS RELYING ON nus NOTARIZED DOCUMENT.
TITI.E OR TYPE OF DOCUMENT
DATE OF DOCUMENT
NUMBER OF PAGES
SIGNERS(S) OTHER THAN NAMED ABOVE
SIGNER'S NAME
SIGNER'S NAME
RIGHT THUMBPRINT
RIGHT TIlUMBPRINT
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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 property conveyed by the Easement Deed dated
October 1,2007 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 on April 28, 2008.
Anna J atczak, t
Administrator 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.
SUSAN R. JOHNSON
ft' Commission # 1543104
'$ -,,; Notary Public - Callfomla ~
~ ' Santa Clara County
My Comm. Expires Jon 9, 2009
J:>un~R--.~
Signature of No blic
(Notary Seal)
..
AP. No. 84H8~75
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l'IeWman CVClOpmtnL
Easement
EXHIBIT HA'
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 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 North3l"32'4S' West along said centerline 374.78 feet to a point on the
southerly line of the Santa Clara County Flood Control and Water District lands; thence North
85030'18' East, 94.45 feet along said southerly line to the 'True Point of Beginning,' said Point of
Beginning lying at the intersection of said southerly line and the easterly line of Camino Arroyo:
thence continuing along said southerly line, North 8S030'IS'East, 49.28 feet; thence leaving said
southerly line, South 40005'22' West, 47.10 feet to a point on said easterly line; thence along said
easterly line North 30017'49' West, 37.26 feet to the 'True Point of Beginning:
Containing 827 squarefeet more or less.
F\job.r'ik.\)OUS'2006\OI.(l6\l.'1l"1 D<mjptioll.\lpn 8~ l-lHSI"" I Tr~' 9~6ll"""II1'n\ Q2,.(~, 06.do<:
P.O.B.
S85'30'18>>W ,
97 .59'~\ 94.45 3
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A.P .No.841-18-75
~ NEWMAN DEVELOPMENT GROUP
OF GILROY, CA
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EXHIBIT B
L 618 O.R. 0184 (PARCEL A.)
S.C.V.W.D. CHANNEL
- -
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LOT 1
TRACT NO. 9401
BK 757 MAPS PO 10-15
SCALE:
1"",,100'
LINE SCHEDULE
CD N 85'30"8" E, 49.28'
@S 40'05'22" W. 47.10'
Q)N 30"7'49" W, 37.26'
GRAPHIC SCALE
o 100
~...-.....,
SCALE IN FEET
Ross G. Stephenson
Associates, Inc.
Engineering and Surveying
2801 Coffee Rood. Suite 8-1 Modesto. Californio 95355
(209) 578-3895 I tOx. (209) 578-3929
- -
- --
PARCEL "A"
827 SQUARE FEET
(0.019 ACRE)
LOT 1
TRACT NO, 9463
BK 772 MAPS PO 1-4
PLAT OF DESCRIPTION
CITY OF GILROY, CA
CAMINO ARROYO BRIDGE
AT S.C.V.W.D. CHANNEL
JOe No. 01-06
DAlE: 4/18/01
l)WG. Pt." T
M"WN 8Y; NJC
AlE; 1'..'00'
CHECKED: Res
CONSENT AND SUBORDINATION
755099
The undersigned, 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
~dayof 6Cf()ber ,2007.
LENDER
LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE
FOR BEAR STEARNS COMMERCIAL MORTGAGE
SECURITIES INe., 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: 7f~lJuJL
Name: J. White
Title: CMBS PortfolIo Analyst
~ ~
By: c~ A.-- .
Name: Eric LeSher
Title: CMBS Portfolio Analyst
STATE OF IOWA )
)
COUNTY OF POLK)
On this 2nd day of October, 2007, before me, Mike McOmber, the undersigned, a Notary
Public in and for the said State, personally appeared Kristine J. White and Eric LeSher 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 Portfolio Analyst and
CMBS Portfolio Analyst, respectively, of PRINCIPAL GLOBAL INVESTORS, LLC, a
Delaware limited liability company, in its capacity as Primary Servicer, authorized signatory of
LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR BEAR STERNS COMMERCIAL
MORTGAGE SECURITIES INC., COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES,
SERIES 2006-PWR13, and that the seal affixed to the instrument is the seal ofPRINCIP AL
GLOBAL INVESTORS, LLC; that the instrument was signed and sealed on behalf of the
company by PRINCIPAL GLOBAL INVESTORS, LLC, as authorized signatory of LASALLE
BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR BEAR STERNS COMMERCIAL
MORTGAGE SECURITIES INC., COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES,
SERIES 2006-PWR13; and that the aforesaid individuals each acknowledged the execution of the
foregoing instrument to be the voluntary act and deed of Principal Global Investors, LLC, as
authoriz~j~atories of said company, by it and by them voluntarily executed.
l/Ik v/7J ;#~
Notary Public in and for Polk County, Iowa
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.-E1IaOII8ER
o;a;; NumI.r 7.-51
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Number 7
A.P. No. 84H8-7S
,..T .D 1
l'iCWman cvc10pmcnt
Easement
EXHIBIT "A'
Legal Description
PARCEL"A'
Being a portion of Let 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 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 o.n the centerline of
Camino. Arroyo.; thence No.rth 31"32'48' West along said centerline 374.78 feet to. a point on the
southerly line o.f the Santa Clara Ceunty Flood Control and Water District lands; thence North
S5~30'18' East, 94.45 feet along said southerly line to the 'True Point o.f Beginning: said Po.int of
Beginning lying at the. intersection of said southerly line and the easterly Hne of Camino Arroyo.:
thence continuing along said southerly line, North 8Y30'ISo East, 49.28 feet; thence leaving said
southerly line, South 40.05'22' West, 47.10 feet to apo.int on said easterly line; thence along said
easterly line North 30.17'49' West, 37.26 feet to the OTnle Point of Beginning. 0
Containing 827 squarefeet more o.r less.
F\lob.r'ilei\JOllS-2006\0l.{l6\l.ell"l D<acriptiol1S\apn S~J.lS'7$I."t I Tra<;t 9~~j l"""menl ou~. (l(;.doc