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Inland Western Gilroy II, LLC - Project Camino Arroyo Gap iNSURED G CHICAGO TI ~'\, ~'''''' . " 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 ~:rthy~ 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: .6tlL 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, ~- I D -- f -c 7 ) personally appeared, rr7 Itt.:.c/j / ) before me, Q,,; G /J )"t1Z Ii: Jk I "~j N01lH'"--'1 Ii 8i; ( NAME, TITLE OF OFFICER - E.G.., "JANE DOE, NOTARY PUBUC ,/ (J Li" .' r1 (! /-1 /::-l'--. ~ - ~, 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 J' ~ ," "h / r/ ./ . ~" i-A--<f.~ ~A_--Z ~):'.-[.i?~tl (SEAL) NOTARY PUBLIC SIGNATURE ) 'A',"'~.A,.'^'~"""",,A OPTIONAL INFORMATION THIS OPTIONAL INFORMATION SECTION IS NOT REQUIRED BY LAW BUT MAYBE BENEFICIAL TO PERSONS REL VING ON nus NOTARIZED DOCUMENT, TITLE OR TYPE OF DOCUMENT DATE OF DOCUMENT NUMBER OF PAGES SIGNERS(S) OTHER THAN NAMED ABOVE SIGNER'S NAME SIGNER'S NAME RIGHT THUMBPRINT RIGHf rnUMBPRINT To order supplies contact the Academy of Notaries Public at www.AcademyofNotariesPublic.com or caIl (800) 927-5468 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( ~ 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 .....- // ( 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