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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 () ~ .so .~. ~;. , ,'I} '?~~~ "~~, ~~" ;> ~ ~ '\ ~~ ~ " d>~\.~.o.... A.P.No. 841-18-75 ~ NEWMAN DlVaoPMENT GROUP OF GIlROY, CA .... '. /~.O.~ M9NU.IA.ENT~. ~ jl \ lNWELl \ V . . ..,1< (' \ "T.Q? 'b 1>~~/,t>~ q,o .~~ .. <?aO,,:,~ <:).....,~ , 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 ~.~ . 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 1)yjC, P\,,\T DR"" 8T; ~.. . ,'.'QO' 1)t(0CfJl: RQS ;. 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)