Xxxxxxxxx, Xx. who 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 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.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 /s/ X. Xxxxx (Seal) 20180237443 EXHIBIT A Legal Description REAL PROPERTY IN THE CITY OF TEMPE, COUNTY OF MARICOPA, STATE OF ARIZONA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL NO. 1: XXX 0X XX XXXXXXXXXXXX XXX 0, X REPLAT OF LOT 7, FOUNTAINHEAD CORPORATE PARK AMENDED, ACCORDING TO THE PLAT OF SAID SUBDIVISION RECORDED IN BOOK 864 OF MAPS, PAGE 8 OF THE RECORDS OF MARICOPA COUNTY, ARIZONA; EXCEPT THAT PORTION THAT WAS CONVEYED IN INSTRUMENT RECORDED AS RECORDING NO. 2008-1071568 OF OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: THAT PORTION OF XXX 0X, XXXXXXXXXXXX XXX 0 XXXXXX, XXXXXXXXX TO BOOK 864 OF MAPS, PAGE 8, RECORDS OF MARICOPA COUNTY, ARIZONA, LOCATED IN THE NORTHEAST QUARTER (NE 1/4) OF SECTION 29, TOWNSHIP 1 NORTH, RANGE 4 EAST, GILA AND SALT RIVER MERIDIAN, MARICOPA COUNTY, ARIZONA, DESCRIBED AS FOLLOWS: COMMENCING AT A 3/8” IRON BAR 1 FOOT BELOW GROUND TAGGED “RLS 42014” MARKING THE CENTER OF SAID SECTION 29, BEING SOUTH 89 DEGREES 40 MINUTES 03 SECONDS WEST, 2676.43 FEET FROM A CITY OF TEMPE (COT) BRASS CAP IN HAND HOLE LABELED GDAC 64022-1, MARKING THE EAST QUARTER CORNER OF SAID SECTION 29; THENCE ALONG THE EAST-WEST MIDSECTION LINE OF SAID SECTION 29, NORTH 89 DEGREES 40 MINUTES 03 SECONDS EAST, 799.18 FEET TO THE EXISTING EASTERLY RIGHT OF WAY LINE OF INTERSTATE HIGHWAY 10 (PHOENIX - CASA GRANDE HIGHWAY); THENCE ALONG SAID EXISTING EASTERLY RIGHT XX XXX XXXX, XXXXX 00 DEGREES 35 MINUTES 19 SECONDS EAST, 201.01 FEET; THENCE CONTINUING ALONG SAID EXISTING EASTERLY RIGHT OF WAY LINE, FROM A LOCAL TANGENT BEARING OF NORTH 01 DEGREES 00 MINUTES 23 SECONDS WEST ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 3969.72 FEET, A LENGTH OF 354.65 FEET TO THE SOUTHWEST CORNER OF SAID XXX 0X XXX XXX XXXXX XX XXXXXXXXX; THENCE CONTINUING ALONG SAID EXISTING EASTERLY RIGHT OF WAY LINE ALSO BEING THE WESTERLY LINE OF SAID XXX 0X, XXXX X XXXXX XXXXXXX XXXXXXX XX XXXXX 00 DEGREES 07 MINUTES 31 SECONDS WEST ALONG SAID 20180237443 CURVE TO THE LEFT, HAVING A RADIUS OF 3969.72 FEET, A LENGTH OF 186.29 FEET; THENCE CONTINUING ALONG SAID XXXXXXXX XXXX XX XXX 0X, XXXXX 00 DEGREES 37 MINUTES 35 SECONDS EAST, 101.07 FEET; THENCE CONTINUING ALONG SAID WESTERLY LINE, FROM A LOCAL TANGENT BEARING OF NORTH 08 DEGREES 36 MINUTES 18 SECONDS WEST, ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 4069.72 FEET, A LENGTH OF 200.40 FEET; THENCE CONTINUING ALONG SAID WESTERLY LINE, NORTH 89 DEGREES 38 MINUTES 42 SECONDS EAST, 13.02 FEET; THENCE FROM A LOCAL TANGENT BEARING OF SOUTH 11 DEGREES 22 MINUTES 44 SECONDS EAST, ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 4082.72 FEET, A LENGTH OF 386.66 FEET TO THE SOUTHERLY LINE OF SAID LOT 7A; THENCE ALONG SAID SOUTHERLY LINE, SOUTH 89 DEGREES 40 MINUTES 03 SECONDS WEST, 113.25 FEET TO THE POINT OF BEGINNING. PARCEL NO. 2: NONEXCLUSIVE EASEMENTS AND RIGHTS OF PEDESTRIAN AND VEHICULAR ACCESS OVER AND ACROSS PRIVATE ROADS AND STREETS, INCLUDING BUT NOT LIMITED TO FOUNTAINHEAD PARKWAY AND 55TH STREET, BY OR PURSUANT TO THAT CERTAIN “DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS FOR FOUNTAINHEAD CORPORATE PARK” RECORDED FEBRUARY 25, 2005, IN DOCUMENT NO. 20050232522, AND RE-RECORDED MARCH 9, 2005, IN DOCUMENT NO. 20050288447, OFFICIAL RECORDS OF MARICOPA COUNTY, ARIZONA, AS AMENDED IN A FIRST AMENDMENT RECORDED APRIL 1, 2009, IN DOCUMENT NO. 20090288536, AND IN A SECOND AMENDMENT RECORDED APRIL 13, 2010, IN DOCUMENT NO. 20100308375, OFFICIAL RECORDS OF MARICOPA COUNTY, ARIZONA. PARCEL NO. 3: A NONEXCLUSIVE EASEMENT FOR A WATER SYSTEM BY OR PURSUANT TO THAT CERTAIN “WATER DELIVERY AGREEMENT, COVENANTS RUNNING WITH THE LAND AND EASEMENTS” RECORDED DECEMBER 28, 2006, IN DOCUMENT NO. 20061691569, AND RE-RECORDED APRIL 19, 2007, IN DOCUMENT NO. 20070457533, OFFICIAL RECORDS OF MARICOPA COUNTY, ARIZONA, AS AMENDED IN A FIRST AMENDMENT RECORDED AUGUST 4, 2009, IN DOCUMENT NO. 20090719807 AND IN A SECOND AMENDMENT RECORDED DECEMBER 17, 2009, IN DOCUMENT NO. 20091154258, OFFICIAL RECORDS OF MARICOPA COUNTY, ARIZONA. 20180237443 APN: 123-33-056B NAI-1503489766v4
Appears in 1 contract
Xxxxxxxxx, Xx. who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/aresubscribed to the within instrument and acknowledged to me that he/she/they executed the same inhis/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument theperson(s), or the entity upon behalf of which the person(s) 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 /s/ Xxxxxxx Xxxxxx Xxxxxxxx (Seal) ADMINISTRATIVE AGENT: BANK OF AMERICA, N.A., a national banking association, as Administrative Agent By: /s/ Xxxxx XxXxxx Name: Xxxxx XxXxxx Title: Senior Vice President ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ORANGE On 11/01/2021 before me, XXXXX XXXXXX , Notary Public, (insert name and title of the officer) personally appeared XXXXX XXXXXX who 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 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.. 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 /s/ X. Xxxxx Xxxxxx (Seal) 20180237443 EXHIBIT A Legal Description REAL PROPERTY IN THE CITY OF TEMPEEMERYVILLE, COUNTY OF MARICOPAALAMEDA, STATE OF ARIZONACALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: TRACT A: (Submerged Parcel) PARCEL 3. PARCEL MAP 1535, FILED JULY 16, 1975, IN MAP BOOK 87, PAGE 88, ALAMEDA COUNTY RECORDS. EXCEPTING THEREFROM, THAT PORTION THEREOF DESCRIBED IN PARCEL 1A IN THE AMENDED FINAL ORDER OF CONDEMNATION ENTERED AUGUST 19, 1992, IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA, IN AND FOR THE COUNTY OF ALAMEDA, CASE NO. 1: XXX 0X XX XXXXXXXXXXXX XXX 0641062-5, X REPLAT A CERTIFIED COPY OF LOT 7WHICH RECORDED AUGUST 19, FOUNTAINHEAD CORPORATE PARK AMENDED1992, ACCORDING TO THE PLAT SERIES NO. 92-272591, OFFICIAL RECORDS OF SAID SUBDIVISION ALAMEDA COUNTY. TRACT B: INTENTIONALLY OMITTED TRACT C: (Tower II) PARCEL ONE: PARCEL 2, PARCEL MAP 2426, FILED FEBRUARY 21, 1978 IN MAP BOOK 101, PAGE 41, ALAMEDA COUNTY RECORDS. PARCEL TWO: AN EASEMENT, APPURTENANT TO PARCEL 2 OF SAID PARCEL MAP 2426, CONVEYED TO TOWER II, A CALIFORNIA LIMITED PARTNERSHIP, BY GRANT OF EASEMENT DATED MAY 18, 1978, RECORDED MAY 24, 1978, IN REEL 5406, IMAGE 111, OFFICIAL RECORDS OF SAID ALAMEDA COUNTY, FOR INGRESS AND EGRESS BY EMERGENCY VEHICLES OF GOVERNMENTAL ENTITIES OVER A PORTION OF PARCEL 1, PARCEL MAP 1179, FILED MAY 22, 1973, IN BOOK 864 79 OF MAPS, PAGE 8 OF THE RECORDS OF MARICOPA COUNTY59, ARIZONA; EXCEPT THAT PORTION THAT WAS CONVEYED IN INSTRUMENT RECORDED AS RECORDING NO. 2008-1071568 OF OFFICIAL ALAMEDA COUNTY RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: THAT PORTION OF XXX 0X, XXXXXXXXXXXX XXX 0 XXXXXX, XXXXXXXXX TO BOOK 864 OF MAPS, PAGE 8, RECORDS OF MARICOPA COUNTY, ARIZONA, LOCATED IN THE NORTHEAST QUARTER (NE 1/4) OF SECTION 29, TOWNSHIP 1 NORTH, RANGE 4 EAST, GILA AND SALT RIVER MERIDIAN, MARICOPA COUNTY, ARIZONA, DESCRIBED AS FOLLOWS: COMMENCING AT A 3/8” IRON BAR 1 FOOT BELOW GROUND TAGGED “RLS 42014” MARKING THE CENTER OF SAID SECTION 29, BEING SOUTH 89 DEGREES 40 MINUTES 03 SECONDS WEST, 2676.43 FEET FROM A CITY OF TEMPE (COT) BRASS CAP IN HAND HOLE LABELED GDAC 64022-1, MARKING THE EAST QUARTER CORNER OF SAID SECTION 29; THENCE ALONG THE EAST-WEST MIDSECTION LINE OF SAID SECTION 29, NORTH 89 DEGREES 40 MINUTES 03 SECONDS EAST, 799.18 FEET TO THE EXISTING EASTERLY RIGHT OF WAY LINE OF INTERSTATE HIGHWAY 10 (PHOENIX - CASA GRANDE HIGHWAY); THENCE ALONG SAID EXISTING EASTERLY RIGHT XX XXX XXXX, XXXXX 00 DEGREES 35 MINUTES 19 SECONDS EAST, 201.01 FEET; THENCE CONTINUING ALONG SAID EXISTING EASTERLY RIGHT OF WAY LINE, FROM A LOCAL TANGENT BEARING OF NORTH 01 DEGREES 00 MINUTES 23 SECONDS WEST ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 3969.72 FEET, A LENGTH OF 354.65 FEET TO THE SOUTHWEST CORNER OF SAID XXX 0X XXX XXX XXXXX XX XXXXXXXXX; THENCE CONTINUING ALONG SAID EXISTING EASTERLY RIGHT OF WAY LINE ALSO BEING THE WESTERLY LINE OF SAID XXX 0X, XXXX X XXXXX XXXXXXX XXXXXXX XX XXXXX 00 DEGREES 07 MINUTES 31 SECONDS WEST ALONG SAID 20180237443 CURVE TO THE LEFT, HAVING A RADIUS OF 3969.72 FEET, A LENGTH OF 186.29 FEET; THENCE CONTINUING ALONG SAID XXXXXXXX XXXX XX XXX 0X, XXXXX 00 DEGREES 37 MINUTES 35 SECONDS EAST, 101.07 FEET; THENCE CONTINUING ALONG SAID WESTERLY LINE, FROM A LOCAL TANGENT BEARING OF NORTH 08 DEGREES 36 MINUTES 18 SECONDS WEST, ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 4069.72 FEET, A LENGTH OF 200.40 FEET; THENCE CONTINUING ALONG SAID WESTERLY LINE, NORTH 89 DEGREES 38 MINUTES 42 SECONDS EAST, 13.02 FEET; THENCE FROM A LOCAL TANGENT BEARING OF SOUTH 11 DEGREES 22 MINUTES 44 SECONDS EAST, ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 4082.72 FEET, A LENGTH OF 386.66 FEET TO THE SOUTHERLY LINE OF SAID LOT 7A; THENCE ALONG SAID SOUTHERLY LINE, SOUTH 89 DEGREES 40 MINUTES 03 SECONDS WEST, 113.25 FEET TO THE POINT OF BEGINNING. PARCEL NO. 2THREE: NONEXCLUSIVE EASEMENTS AND RIGHTS OF PEDESTRIAN FOR PARKING AND VEHICULAR ACCESS OVER AND ACROSS PRIVATE ROADS PEDESTRIAN INGRESS AND STREETS, INCLUDING BUT NOT LIMITED TO FOUNTAINHEAD PARKWAY AND 55TH STREET, BY OR PURSUANT TO EGRESS AS GRANTED IN THAT CERTAIN “DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RECIPROCAL EASEMENTS FOR FOUNTAINHEAD CORPORATE PARKWATERGATE OFFICE TOWERS” RECORDED AUGUST 4, 2000. AS INSTRUMENT NO. 2000-232335, AND AS AMENDED BY THAT CERTAIN “FIRST AMENDMENT TO DECLARATION OF RECIPROCAL EASEMENTS WATERGATE OFFICE TOWERS” RECORDED JANUARY 16, 2007 AS INSTRUMENT NO. 2007026642, OF OFFICIAL RECORDS. TRACT D: (Tower III) PARCEL ONE: PARCEL 3, PARCEL MAP 2426, FILED FEBRUARY 2521, 20051978, IN DOCUMENT NOMAP BOOK 101, PAGE 41, ALAMEDA COUNTY RECORDS. 20050232522PARCEL TWO: AN EASEMENT, AND RE-APPURTENANT TO PARCEL 3 OF SAID PARCEL MAP 2426, CONVEYED TO F. XXXXXX XXXXXXX BY XXXXX OF EASEMENT DATED MAY 18, 1978, RECORDED MARCH 9MAY 24, 20051978, IN DOCUMENT NO. 20050288447REEL 5406, IMAGE 119, OFFICIAL RECORDS OF MARICOPA SAID ALAMEDA COUNTY, ARIZONA, AS AMENDED IN FOR INGRESS AND EGRESS BY EMERGENCY VEHICLES OF GOVERNMENTAL ENTITIES OVER A FIRST AMENDMENT RECORDED APRIL PORTION OF PARCEL 1, 2009PARCEL MAP 1179, FILED MAY 22, 1973, IN DOCUMENT NO. 20090288536BOOK 79 OF MAPS, AND IN A SECOND AMENDMENT RECORDED APRIL 13PAGE 59, 2010, IN DOCUMENT NO. 20100308375, OFFICIAL RECORDS OF MARICOPA ALAMEDA COUNTY, ARIZONAMORE PARTICULARLY DESCRIBED THEREIN. PARCEL NO. 3THREE: A NONEXCLUSIVE EASEMENT EASEMENTS FOR A WATER SYSTEM BY OR PURSUANT TO PARKING AND VEHICULAR AND PEDESTRIAN INGRESS AND EGRESS AS GRANTED IN THAT CERTAIN “WATER DELIVERY AGREEMENT, COVENANTS RUNNING WITH THE LAND AND EASEMENTSDECLARATION OF RECIPROCAL EASEMENTS WATERGATE OFFICE TOWERS” RECORDED DECEMBER 28, 2006, IN DOCUMENT NO. 20061691569, AND RE-RECORDED APRIL 19, 2007, IN DOCUMENT NO. 20070457533, OFFICIAL RECORDS OF MARICOPA COUNTY, ARIZONA, AS AMENDED IN A FIRST AMENDMENT RECORDED AUGUST 4, 2009, IN DOCUMENT 2000 AS INSTRUMENT NO. 20090719807 2000-232335, AND IN A SECOND AS AMENDED BY THAT CERTAIN “FIRST AMENDMENT TO DECLARATION OF RECIPROCAL EASEMENTS WATERGATE OFFICE TOWERS” RECORDED DECEMBER 17JANUARY 16, 2009, IN DOCUMENT 2007 AS INSTRUMENT NO. 200911542582007026642, OF OFFICIAL RECORDS. TRACT E: NON-EXCLUSIVE EASEMENT(S), AS AN APPURTENANCE TO TRACTS A, B, C, AND D DESCRIBED ABOVE, FOR VEHICULAR AND PEDESTRIAN TRAFFIC OVER THE LANDS DESCRIBED IN THE “RECIPROCAL EASEMENT AGREEMENT” RECORDED JANUARY 20, 1976, REEL 4232, IMAGE 222, INSTRUMENT NO. 76-8732, OFFICIAL RECORDS OF MARICOPA COUNTY, ARIZONARECORDS. 20180237443 APN: 123049-331495-056B NAI-1503489766v4003-02 (TRACT A), 000-0000-000 (TRACT C) AND 000-0000-000 (TRACT D)
Appears in 1 contract
Samples: Security Agreement (KBS Real Estate Investment Trust III, Inc.)
Xxxxxxxxx, Xx. Xxxxxxx X. Xxxxxxxxx, Xx., Chief Executive Officer SMRH:4842-8642-7337.7 X-0 Xxxxxxxxx Xxxxx - Xxxxxxxx, 0XXX-000000 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) ) County of Orange ) On October 20, 2020, before me, X. Xxxxx, Notary Public, a Notary Public, personally appeared Xxxxxxx X. Xxxxxxxxx, Xx. who 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 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.. I certify under PENALTY OF PERJURY under the laws of the of State of California that the foregoing paragraph is true and correct.. WITNESS my hand and official seal. : Signature /s/ X. Xxxxx (Seal) 20180237443 EXHIBIT A Legal Description REAL PROPERTY IN THE CITY OF TEMPELEGAL DESCRIPTION Note: The phrase "vacated 18 foot alley" as used in these legal descriptions is in reference to the 18 foot wide North-South alley lying in Block 50 which was vacated by Ordinance recorded January 5, COUNTY OF MARICOPA, STATE OF ARIZONA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL NO1907 as Document No. 3974491. Parcel 1: XXX 0X XX XXXXXXXXXXXX XXX 0The South 275.06 feet (measured perpendicularly) of the following described property, X REPLAT OF LOT all taken as a tract: Block 50 and the vacated 18 foot alley in said Block 50 (except that part of Block 50 and the vacated alley therein, lying in Madison Street as widened) in the Original Town of Chicago in the Southwest 1/4 of Section 9, Township 39 North, Range 14 East of the Third Principal Meridian in Xxxx County, Illinois. Parcel 2a: That part of the following described property, all taken as a tract, lying below a horizontal plane having an elevation of +23.00 feet Chicago City Datum and lying North of the South 275.06 feet (measured perpendicularly) of said tract: Block 50 and the vacated 18 foot alley in said Block 50 (except that part of Block 50 and the vacated alley therein, lying in Madison Street as widened) in the Original Town of Chicago in the Southwest 1/4 of Section 9, Township 39 North, Range 14 East of the Third Principal Meridian in Xxxx County, Illinois. Parcel 2b: Easement for the benefit of Parcels 1, 2a and 2c, as created by the Declaration of Easements, Covenants, Conditions and Restrictions made by Chicago and Northwestern Transportation Company, a Delaware corporation, and Chicago Title and Trust Company as Trustee under Trust Agreement dated March 31, 1982 and known as Trust Number 1079000, dated March 31, 1982 and recorded September 7, FOUNTAINHEAD CORPORATE PARK AMENDED1984 as Document No. 27245590, ACCORDING TO THE PLAT OF SAID SUBDIVISION RECORDED IN BOOK 864 OF MAPSover the following described property: That part of the following described property, PAGE 8 OF THE RECORDS OF MARICOPA COUNTYall taken as a tract, ARIZONA; EXCEPT THAT PORTION THAT WAS CONVEYED IN INSTRUMENT RECORDED AS RECORDING NO. 2008-1071568 OF OFFICIAL RECORDSlying above a horizontal plane having an elevation of +23.00 feet Chicago City Datum, MORE PARTICULARLY DESCRIBED AS FOLLOWSlying below a horizontal plane having an elevation of +59.63 feet Chicago City Datum, and lying North of the South 275.06 feet (measured perpendicularly) of said tract: THAT PORTION OF XXX 0XBlock 50 and the vacated 18 foot alley in said Block 50 (except that part of Block 50 and the vacated alley therein, XXXXXXXXXXXX XXX 0 XXXXXX, XXXXXXXXX TO BOOK 864 OF MAPS, PAGE 8, RECORDS OF MARICOPA COUNTY, ARIZONA, LOCATED IN THE NORTHEAST QUARTER (NE 1/4lying in Madison Street as widened) OF SECTION 29, TOWNSHIP 1 NORTH, RANGE 4 EAST, GILA AND SALT RIVER MERIDIAN, MARICOPA COUNTY, ARIZONA, DESCRIBED AS FOLLOWS: COMMENCING AT A 3/8” IRON BAR 1 FOOT BELOW GROUND TAGGED “RLS 42014” MARKING THE CENTER OF SAID SECTION 29, BEING SOUTH 89 DEGREES 40 MINUTES 03 SECONDS WEST, 2676.43 FEET FROM A CITY OF TEMPE (COT) BRASS CAP IN HAND HOLE LABELED GDAC 64022-1, MARKING THE EAST QUARTER CORNER OF SAID SECTION 29; THENCE ALONG THE EAST-WEST MIDSECTION LINE OF SAID SECTION 29, NORTH 89 DEGREES 40 MINUTES 03 SECONDS EAST, 799.18 FEET TO THE EXISTING EASTERLY RIGHT OF WAY LINE OF INTERSTATE HIGHWAY 10 (PHOENIX - CASA GRANDE HIGHWAY); THENCE ALONG SAID EXISTING EASTERLY RIGHT XX XXX XXXX, XXXXX 00 DEGREES 35 MINUTES 19 SECONDS EAST, 201.01 FEET; THENCE CONTINUING ALONG SAID EXISTING EASTERLY RIGHT OF WAY LINE, FROM A LOCAL TANGENT BEARING OF NORTH 01 DEGREES 00 MINUTES 23 SECONDS WEST ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 3969.72 FEET, A LENGTH OF 354.65 FEET TO THE SOUTHWEST CORNER OF SAID XXX 0X XXX XXX XXXXX XX XXXXXXXXX; THENCE CONTINUING ALONG SAID EXISTING EASTERLY RIGHT OF WAY LINE ALSO BEING THE WESTERLY LINE OF SAID XXX 0X, XXXX X XXXXX XXXXXXX XXXXXXX XX XXXXX 00 DEGREES 07 MINUTES 31 SECONDS WEST ALONG SAID 20180237443 CURVE TO THE LEFT, HAVING A RADIUS OF 3969.72 FEET, A LENGTH OF 186.29 FEET; THENCE CONTINUING ALONG SAID XXXXXXXX XXXX XX XXX 0X, XXXXX 00 DEGREES 37 MINUTES 35 SECONDS EAST, 101.07 FEET; THENCE CONTINUING ALONG SAID WESTERLY LINE, FROM A LOCAL TANGENT BEARING OF NORTH 08 DEGREES 36 MINUTES 18 SECONDS WEST, ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 4069.72 FEET, A LENGTH OF 200.40 FEET; THENCE CONTINUING ALONG SAID WESTERLY LINE, NORTH 89 DEGREES 38 MINUTES 42 SECONDS EAST, 13.02 FEET; THENCE FROM A LOCAL TANGENT BEARING OF SOUTH 11 DEGREES 22 MINUTES 44 SECONDS EAST, ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 4082.72 FEET, A LENGTH OF 386.66 FEET TO THE SOUTHERLY LINE OF SAID LOT 7A; THENCE ALONG SAID SOUTHERLY LINE, SOUTH 89 DEGREES 40 MINUTES 03 SECONDS WEST, 113.25 FEET TO THE POINT OF BEGINNING. PARCEL NO. 2: NONEXCLUSIVE EASEMENTS AND RIGHTS OF PEDESTRIAN AND VEHICULAR ACCESS OVER AND ACROSS PRIVATE ROADS AND STREETS, INCLUDING BUT NOT LIMITED TO FOUNTAINHEAD PARKWAY AND 55TH STREET, BY OR PURSUANT TO THAT CERTAIN “DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS FOR FOUNTAINHEAD CORPORATE PARK” RECORDED FEBRUARY 25, 2005, IN DOCUMENT NO. 20050232522, AND RE-RECORDED MARCH in the Original Town of Chicago in the Southwest 1/4 of Section 9, 2005Township 39 North, IN DOCUMENT NORange 14 East of the Third Principal Meridian in Xxxx County, Illinois, SMRH:4842-8642-7337.7 Exhibit A Accenture Tower - Mortgage, 0YWK-314211 EXHIBIT A LEGAL DESCRIPTION (continued) for the construction, maintenance, use, repair, replacement, renovation, reconstruction and improvement with caissons, support posts, arches, columns or other support devices; and for the installation and maintenance of utility lines. 20050288447Parcel 2c: That part of the following described property, OFFICIAL RECORDS OF MARICOPA COUNTYall taken as a tract, ARIZONAlying above a horizontal plane having an elevation of +59.63 feet Chicago City Datum and lying North of the South 275.06 feet (measured perpendicularly) of said tract: Block 50 and the vacated 18 foot alley in said Block 50 (except that part of Block 50 and the vacated alley therein, AS AMENDED IN A FIRST AMENDMENT RECORDED APRIL 1lying in Madison Street as widened) in the Original Town of Chicago in the Southwest 1/4 of Section 9, 2009Township 39 North, IN DOCUMENT NORange 14 East of the Third Principal Meridian in Xxxx County, Illinois. 20090288536PIN Nos.: 17-09-342-002-0000 17-09-342-004-0000 17-09-342-005-0000 FOR REFERENCE PURPOSES ONLY, AND IN A SECOND AMENDMENT RECORDED APRIL 13THE ABOVE DESCRIBED PROPERTY IS COMMONLY KNOWN AS: 000 Xxxx Xxxxxxx Xxxxxx Xxxxxxx, 2010, IN DOCUMENT NO. 20100308375, OFFICIAL RECORDS OF MARICOPA COUNTY, ARIZONA. PARCEL NO. 3: A NONEXCLUSIVE EASEMENT FOR A WATER SYSTEM BY OR PURSUANT TO THAT CERTAIN “WATER DELIVERY AGREEMENT, COVENANTS RUNNING WITH THE LAND AND EASEMENTS” RECORDED DECEMBER 28, 2006, IN DOCUMENT NO. 20061691569, AND REXxxxxxxx 00000 SMRH:4842-RECORDED APRIL 19, 2007, IN DOCUMENT NO. 20070457533, OFFICIAL RECORDS OF MARICOPA COUNTY, ARIZONA, AS AMENDED IN A FIRST AMENDMENT RECORDED AUGUST 4, 2009, IN DOCUMENT NO. 20090719807 AND IN A SECOND AMENDMENT RECORDED DECEMBER 17, 2009, IN DOCUMENT NO. 20091154258, OFFICIAL RECORDS OF MARICOPA COUNTY, ARIZONA. 20180237443 APN: 1238642-33-056B NAI-1503489766v47337.7 0 Xxxxxxxxx Xxxxx - Xxxxxxxx,
Appears in 1 contract
Samples: Security Agreement and Fixture Filing (KBS Real Estate Investment Trust III, Inc.)
Xxxxxxxxx, Xx. who 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 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.. 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 /s/ X. Xxxxx (Seal) 20180237443 EXHIBIT A Legal Description REAL PROPERTY IN THE CITY OF TEMPEXXX XXXX XX XXXXXXXXXXXX, COUNTY OF MARICOPAXXXXXX XX XXXXXXXXXX, STATE OF ARIZONAMARYLAND, MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL NO. 1I: XXX 0X XX XXXXXXXXXXXX XXX 0ALL THAT PIECE OR PARCEL OF LAND, X REPLAT OF LOT 7TOGETHER WITH THE IMPROVEMENTS THEREON AND APPURTENANCES THEREUNTO BELONGING, FOUNTAINHEAD CORPORATE PARK AMENDEDLYING, ACCORDING TO THE PLAT OF SAID SUBDIVISION RECORDED SITUATE AND BEING IN BOOK 864 OF MAPS, PAGE 8 OF THE RECORDS OF MARICOPA XXXXXXXXXX COUNTY, ARIZONA; EXCEPT THAT PORTION THAT WAS CONVEYED IN INSTRUMENT RECORDED AS RECORDING NO. 2008-1071568 OF OFFICIAL RECORDSMARYLAND, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THAT PORTION OF XXX 0XPARCEL LETTERED “C”, XXXXXXXXXXXX XXX 0 XXXXXX, XXXXXXXXX TO IN BLOCK LETTERED “C” IN THE SUBDIVISION KNOWN AS WASHINGTONIAN CENTER; AS PER PLAT THEREOF RECORDED IN PLAT BOOK 864 OF MAPS, PAGE 8, 156 AT PLAT NO. 17750 AMONG THE LAND RECORDS OF MARICOPA XXXXXXXXXX COUNTY, ARIZONA, LOCATED IN THE NORTHEAST QUARTER (NE 1/4) OF SECTION 29, TOWNSHIP 1 NORTH, RANGE 4 EAST, GILA AND SALT RIVER MERIDIAN, MARICOPA COUNTY, ARIZONA, DESCRIBED AS FOLLOWSMARYLAND. NOTE FOR INFORMATIONAL PURPOSES ONLY: COMMENCING AT A 3/8” IRON BAR 1 FOOT BELOW GROUND TAGGED “RLS 42014” MARKING THE CENTER OF SAID SECTION 29, BEING SOUTH 89 DEGREES 40 MINUTES 03 SECONDS WEST, 2676.43 FEET FROM A CITY OF TEMPE (COT) BRASS CAP IN HAND HOLE LABELED GDAC 64022-1, MARKING THE EAST QUARTER CORNER OF SAID SECTION 29; THENCE ALONG THE EAST-WEST MIDSECTION LINE OF SAID SECTION 29, NORTH 89 DEGREES 40 MINUTES 03 SECONDS EAST, 799.18 FEET TO THE EXISTING EASTERLY RIGHT OF WAY LINE OF INTERSTATE HIGHWAY 10 (PHOENIX - CASA GRANDE HIGHWAY); THENCE ALONG SAID EXISTING EASTERLY RIGHT XX XXX XXXX, XXXXX 00 DEGREES 35 MINUTES 19 SECONDS EAST, 201.01 FEET; THENCE CONTINUING ALONG SAID EXISTING EASTERLY RIGHT OF WAY LINE, FROM A LOCAL TANGENT BEARING OF NORTH 01 DEGREES 00 MINUTES 23 SECONDS WEST ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 3969.72 FEET, A LENGTH OF 354.65 FEET TO THE SOUTHWEST CORNER OF SAID XXX 0X XXX XXX XXXXX XX XXXXXXXXX; THENCE CONTINUING ALONG SAID EXISTING EASTERLY RIGHT OF WAY LINE ALSO BEING THE WESTERLY LINE OF SAID XXX 0X, XXXX X XXXXX XXXXXXX XXXXXXX XX XXXXX 00 DEGREES 07 MINUTES 31 SECONDS WEST ALONG SAID 20180237443 CURVE TO THE LEFT, HAVING A RADIUS OF 3969.72 FEET, A LENGTH OF 186.29 FEET; THENCE CONTINUING ALONG SAID XXXXXXXX XXXX XX XXX 0X, XXXXX 00 DEGREES 37 MINUTES 35 SECONDS EAST, 101.07 FEET; THENCE CONTINUING ALONG SAID WESTERLY LINE, FROM A LOCAL TANGENT BEARING OF NORTH 08 DEGREES 36 MINUTES 18 SECONDS WEST, ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 4069.72 FEET, A LENGTH OF 200.40 FEET; THENCE CONTINUING ALONG SAID WESTERLY LINE, NORTH 89 DEGREES 38 MINUTES 42 SECONDS EAST, 13.02 FEET; THENCE FROM A LOCAL TANGENT BEARING OF SOUTH 11 DEGREES 22 MINUTES 44 SECONDS EAST, ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 4082.72 FEET, A LENGTH OF 386.66 FEET TO THE SOUTHERLY LINE OF SAID LOT 7A; THENCE ALONG SAID SOUTHERLY LINE, SOUTH 89 DEGREES 40 MINUTES 03 SECONDS WEST, 113.25 FEET TO THE POINT OF BEGINNING. PARCEL TAX I.D. NO. 20-000-0000000 PARCEL II: NONEXCLUSIVE TOGETHER WITH ALL RIGHTS AS ESTABLISHED BY “DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS” RECORDED IN LIBER 7144 AT FOLIO 287 AMONG THE AFORESAID LAND RECORDS, AND THE RESERVATION OF RIGHTS TO GRANT EASEMENTS AND RIGHTS OF PEDESTRIAN AND VEHICULAR ACCESS OVER AND ACROSS PRIVATE ROADS AND STREETS, INCLUDING BUT NOT LIMITED AS CONTAINED THEREIN; AMENDED BY FIRST SUPPLEMENT TO FOUNTAINHEAD PARKWAY AND 55TH STREET, BY OR PURSUANT TO THAT CERTAIN “DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS FOR FOUNTAINHEAD CORPORATE PARKWASHINGTONIAN CENTER DATED DECEMBER 29, 1988 AND RECORDED DECEMBER 15, 1989 IN LIBER 9123 AT FOLIO 600; AND FURTHER AMENDED BY SECOND SUPPLEMENTAL TO DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS DATED APRIL 10, 1990 AND RECORDED APRIL 10, 1990 IN LIBER 9268 AT FOLIO 504 AND FURTHER AMENDED BY THIRD SUPPLEMENT TO DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS DATED MARCH 15, 1990 AND RECORDED MARCH 19, 1990 IN LIBER 9237 AT FOLIO 4; FURTHER AMENDED BY FOURTH SUPPLEMENT TO DECLARATION DATED MAY 2, 1997 RECORDED IN BOOK 14856 PAGE 256; FURTHER AMENDED BY FIFTH SUPPLEMENT TO DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS DATED MAY 23, 2008 AND RECORDED IN LIBER 35818 AT FOLIO 391; FURTHER AMENDED BY SIXTH SUPPLEMENT TO DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS DATED OCTOBER 1, 2008 AND RECORDED IN LIBER 36055 AT FOLIO 006; FURTHER AMENDED BY SEVENTH SUPPLEMENT TO DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS DATED JANUARY 12, 2009 AND RECORDED IN LIBER 36421 AT FOLIO 217; EIGHTH SUPPLEMENT TO DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS DATED OCTOBER 28, 2011 AND RECORDED IN LIBER 42601 AT FOLIO 95; NINTH SUPPLEMENT TO DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS DATED AUGUST 13, 2013 AND RECORDED IN LIBER 47544 AT FOLIO 460. AS AFFECTED BY AGREEMENT REGARDING COVENANTS, CONDITIONS AND RESTRICTIONS DATED MAY 2, 1997 AND RECORDED IN LIBER 14856 AT FOLIO 329. AS AFFECTED BY AGREEMENT REGARDING COVENANTS, CONDITIONS AND RESTRICTIONS DATED JUNE 18, 1999 AND RECORDED IN LIBER 17219 AT FOLIO 125. PARCEL III: TOGETHER WITH ALL RIGHTS AS ESTABLISHED BY “DECLARATION OF COVENANTS AND RECIPROCAL EASEMENT AGREEMENT PHASE I” DATED AUGUST 4, 1988 AND RECORDED FEBRUARY 25AUGUST 22, 20051988 IN LIBER 8429 AT FOLIO 135, AMONG THE LAND RECORDS OF XXXXXXXXXX COUNTY, MARYLAND. PARCEL IV: TOGETHER WITH TEMPORARY PARKING EASEMENT AS ESTABLISHED BY “TEMPORARY PARKING EASEMENT AGREEMENT PHASE I” DATED AUGUST 4, 1988 AND RECORDED AUGUST 22, 1988 IN DOCUMENT NOLIBER 8429 AT FOLIO 187, AMONG THE LAND RECORDS OF XXXXXXXXXX COUNTY, MARYLAND, AND AS SUCH TEMPORARY PARKING EASEMENT AGREEMENT IS MODIFIED BY “DECLARATION OF PARKING AGREEMENT AND MODIFICATION OF TEMPORARY PARKING EASEMENT AGREEMENT” DATED MARCH 15, 1990 AND RECORDED MARCH 19, 1990 IN LIBER 9237 AT FOLIO 166, AMONG THE AFORESAID LAND RECORDS. 20050232522PARCEL V: TOGETHER WITH ALL RIGHTS AS ESTABLISHED BY “DECLARATION OF COVENANTS AND UTILITY EASEMENT AGREEMENT PHASE I” DATED AUGUST 4, 1988 AND RECORDED AUGUST 22, 1988 IN LIBER 8429 AT FOLIO 250, AMONG THE LAND RECORDS OF XXXXXXXXXX COUNTY, MARYLAND. PARCEL VI: TOGETHER WITH BOARDWALK EASEMENT AS ESTABLISHED BY “BOARDWALK EASEMENT AGREEMENT PHASE I” DATED AUGUST 4, 1988 AND RECORDED AUGUST 22, 1988 IN LIBER 8429 AT FOLIO 281, AS AFFECTED BY THE AMENDMENT TO EASEMENT AGREEMENTS DATED MARCH 15, 1990 AND RECORDED IN LIBER 9236 AT FOLIO 881, AMONG THE LAND RECORDS OF XXXXXXXXXX COUNTY, MARYLAND. PARCEL VII: TOGETHER WITH RIGHT OF INGRESS AND EGRESS OVER “MARRIOTT DRIVE” AS ESTABLISHED BY EASEMENT FOR INGRESS AND EGRESS DATED DECEMBER 12, 1989 AND RECORDED IN LIBER 9123 AT FOLIO 589 AND AS FURTHER SET FORTH IN INGRESS AND EGRESS EASEMENT AGREEMENT FROM WILP AND WCD FOR MARRIOTT DRIVE AND SIDE ROAD ACCESS, DATED MARCH 15, 1990 AND RECORDED MARCH 19, 1990 IN LIBER 9236 AT FOLIO 821, AND RE-NUMBERED AS LIBER 9254 AT FOLIO 408, AMONG THE LAND RECORDS OF XXXXXXXXXX COUNTY, MARYLAND. PARCEL VIII: TOGETHER WITH THE BENEFICIAL RIGHTS SET FORTH IN THE RECIPROCAL EASEMENTS AND COVENANTS AS ESTABLISHED BY “DECLARATION OF RECIPROCAL EASEMENTS AND COVENANTS” DATED MARCH 15, 1990 AND RECORDED MARCH 919, 20051990 IN LIBER 9237 AT FOLIO 12, IN DOCUMENT NO. 20050288447, OFFICIAL AMONG THE LAND RECORDS OF MARICOPA XXXXXXXXXX COUNTY, ARIZONAMARYLAND. PARCEL IX: TOGETHER WITH ALL RIGHTS AS ESTABLISHED BY “UTILITY EASEMENT AGREEMENT” DATED DECEMBER 12, 1989 AND RECORDED DECEMBER 15, 1989 IN LIBER 9123 AT FOLIO 643, AMONG THE LAND RECORDS OF XXXXXXXXXX COUNTY, MARYLAND. PARCEL X: TOGETHER WITH ALL RIGHTS AS ESTABLISHED BY “COVENANT AGREEMENT” DATED MARCH 15, 1990 AND RECORDED MARCH 19, 1990 IN LIBER 9237 AT FOLIO 297, AS AMENDED MODIFIED BY INSTRUMENTS RECORDED IN A FIRST AMENDMENT RECORDED APRIL 1LIBER 9535 AT FOLIO 536, 2009LIBER 9725 AT FOLIO 374 AND LIBER 9771 AT FOLIO 16, IN DOCUMENT NOAMONG THE LAND RECORDS OF XXXXXXXXXX COUNTY, MARYLAND. 20090288536PARCEL XI: FURTHER TOGETHER WITH THE BENEFICIAL EASEMENTS CREATED BY THE EASEMENT BY AND BETWEEN WASHINGTON LAKE L.L.C. AND 9800 WASHINGTONIAN OFFICE, AND IN A SECOND AMENDMENT RECORDED INC., DATED APRIL 13, 2010, IN DOCUMENT NO. 20100308375, OFFICIAL RECORDS OF MARICOPA COUNTY, ARIZONA. PARCEL NO. 3: A NONEXCLUSIVE EASEMENT FOR A WATER SYSTEM BY OR PURSUANT TO THAT CERTAIN “WATER DELIVERY AGREEMENT, COVENANTS RUNNING WITH THE LAND 2010 AND EASEMENTS” RECORDED DECEMBER 28, 2006, IN DOCUMENT NO. 20061691569, AND RE-RECORDED APRIL 19, 2007, IN DOCUMENT NO. 20070457533, OFFICIAL RECORDS OF MARICOPA COUNTY, ARIZONA, AS AMENDED IN A FIRST AMENDMENT RECORDED AUGUST 4, 2009, 2011 IN DOCUMENT NOLIBER 41396 AT FOLIO 11. 20090719807 AND IN A SECOND AMENDMENT RECORDED DECEMBER 17, 2009, IN DOCUMENT NO. 20091154258, OFFICIAL RECORDS OF MARICOPA COUNTY, ARIZONA. 20180237443 APN: 123-33-056B NAI-1503489766v4EXHIBIT B Refinance and Recording Tax Affidavits
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Xxxxxxxxx, Xx. who 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 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.. 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 /s/ X. Xxxxx (Seal) 20180237443 EXHIBIT A Legal Description REAL PROPERTY IN THE CITY OF TEMPEEMERYVILLE, COUNTY OF MARICOPAALAMEDA, STATE OF ARIZONACALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: TRACT A: (Submerged Parcel) PARCEL 3, PARCEL MAP 1535, FILED JULY 16, 1975, IN MAP BOOK 87, PAGE 88, ALAMEDA COUNTY RECORDS. EXCEPTING THEREFROM, THAT PORTION THEREOF DESCRIBED IN PARCEL 1A IN THE AMENDED FINAL ORDER OF CONDEMNATION ENTERED AUGUST 19, 1992, IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA, IN AND FOR THE COUNTY OF ALAMEDA, CASE NO. 1: XXX 0X XX XXXXXXXXXXXX XXX 0641062-5, X REPLAT A CERTIFIED COPY OF LOT 7WHICH RECORDED AUGUST 19, FOUNTAINHEAD CORPORATE PARK AMENDED1992, ACCORDING TO THE PLAT SERIES NO. 92-272591, OFFICIAL RECORDS OF SAID SUBDIVISION RECORDED IN BOOK 864 OF MAPS, PAGE 8 OF THE RECORDS OF MARICOPA ALAMEDA COUNTY, ARIZONA; EXCEPT THAT PORTION THAT WAS CONVEYED IN INSTRUMENT RECORDED AS RECORDING NO. 2008-1071568 OF OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWSTRACT B: THAT PORTION OF XXX 0X, XXXXXXXXXXXX XXX 0 XXXXXX, XXXXXXXXX TO BOOK 864 OF MAPS, PAGE 8, RECORDS OF MARICOPA COUNTY, ARIZONA, LOCATED IN THE NORTHEAST QUARTER (NE 1/4Tower I) OF SECTION 29, TOWNSHIP 1 NORTH, RANGE 4 EAST, GILA AND SALT RIVER MERIDIAN, MARICOPA COUNTY, ARIZONA, DESCRIBED AS FOLLOWSPARCEL ONE: COMMENCING AT A 3/8” IRON BAR 1 FOOT BELOW GROUND TAGGED “RLS 42014” MARKING THE CENTER OF SAID SECTION 29, BEING SOUTH 89 DEGREES 40 MINUTES 03 SECONDS WEST, 2676.43 FEET FROM A CITY OF TEMPE (COT) BRASS CAP IN HAND HOLE LABELED GDAC 64022-PARCEL 1, MARKING THE EAST QUARTER CORNER OF SAID SECTION 29; THENCE ALONG THE EAST-WEST MIDSECTION LINE OF SAID SECTION 29PARCEL MAP 7523, NORTH 89 DEGREES 40 MINUTES 03 SECONDS EASTFILED AUGUST 4, 799.18 FEET TO THE EXISTING EASTERLY RIGHT OF WAY LINE OF INTERSTATE HIGHWAY 10 (PHOENIX - CASA GRANDE HIGHWAY); THENCE ALONG SAID EXISTING EASTERLY RIGHT XX XXX XXXX2000, XXXXX 00 DEGREES 35 MINUTES 19 SECONDS EASTIN MAP BOOK 252, 201.01 FEET; THENCE CONTINUING ALONG SAID EXISTING EASTERLY RIGHT OF WAY LINEPAGES 63 AND 64, FROM A LOCAL TANGENT BEARING OF NORTH 01 DEGREES 00 MINUTES 23 SECONDS WEST ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 3969.72 FEET, A LENGTH OF 354.65 FEET TO THE SOUTHWEST CORNER OF SAID XXX 0X XXX XXX XXXXX XX XXXXXXXXX; THENCE CONTINUING ALONG SAID EXISTING EASTERLY RIGHT OF WAY LINE ALSO BEING THE WESTERLY LINE OF SAID XXX 0X, XXXX X XXXXX XXXXXXX XXXXXXX XX XXXXX 00 DEGREES 07 MINUTES 31 SECONDS WEST ALONG SAID 20180237443 CURVE TO THE LEFT, HAVING A RADIUS OF 3969.72 FEET, A LENGTH OF 186.29 FEET; THENCE CONTINUING ALONG SAID XXXXXXXX XXXX XX XXX 0X, XXXXX 00 DEGREES 37 MINUTES 35 SECONDS EAST, 101.07 FEET; THENCE CONTINUING ALONG SAID WESTERLY LINE, FROM A LOCAL TANGENT BEARING OF NORTH 08 DEGREES 36 MINUTES 18 SECONDS WEST, ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 4069.72 FEET, A LENGTH OF 200.40 FEET; THENCE CONTINUING ALONG SAID WESTERLY LINE, NORTH 89 DEGREES 38 MINUTES 42 SECONDS EAST, 13.02 FEET; THENCE FROM A LOCAL TANGENT BEARING OF SOUTH 11 DEGREES 22 MINUTES 44 SECONDS EAST, ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 4082.72 FEET, A LENGTH OF 386.66 FEET TO THE SOUTHERLY LINE OF SAID LOT 7A; THENCE ALONG SAID SOUTHERLY LINE, SOUTH 89 DEGREES 40 MINUTES 03 SECONDS WEST, 113.25 FEET TO THE POINT OF BEGINNINGALAMEDA COUNTY RECORDS. PARCEL NO. 2TWO: NONEXCLUSIVE EASEMENTS AND RIGHTS OF PEDESTRIAN FOR PARKING AND VEHICULAR ACCESS OVER AND ACROSS PRIVATE ROADS PEDESTRIAN INGRESS AND STREETS, INCLUDING BUT NOT LIMITED TO FOUNTAINHEAD PARKWAY AND 55TH STREET, BY OR PURSUANT TO EGRESS AS GRANTED IN THAT CERTAIN “DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RECIPROCAL EASEMENTS FOR FOUNTAINHEAD CORPORATE PARKWATERGATE OFFICE TOWERS” RECORDED AUGUST 4, 2000 AS INSTRUMENT NO. 2000-232335, AND AS AMENDED BY THAT CERTAIN “FIRST AMENDMENT TO DECLARATION OF RECIPROCAL EASEMENTS WATERGATE OFFICE TOWERS” RECORDED JANUARY 16, 2007 AS INSTRUMENT NO. 2007026642, OF OFFICIAL RECORDS. TRACT C: (Tower II) PARCEL ONE: PARCEL 2, PARCEL MAP 2426, FILED FEBRUARY 2521, 20051978 IN MAP BOOK 101, PAGE 41, ALAMEDA COUNTY RECORDS. PARCEL TWO: AN EASEMENT, APPURTENANT TO PARCEL 2 OF SAID PARCEL MAP 2426, CONVEYED TO TOWER II, A CALIFORNIA LIMITED PARTNERSHIP, BY GRANT OF EASEMENT DATED MAY 18, 1978, RECORDED MAY 24, 1978, IN DOCUMENT NO. 20050232522REEL 5406, AND RE-RECORDED MARCH 9, 2005, IN DOCUMENT NO. 20050288447IMAGE 111, OFFICIAL RECORDS OF MARICOPA SAID ALAMEDA COUNTY, ARIZONAFOR INGRESS AND EGRESS BY EMERGENCY VEHICLES OF GOVERNMENTAL ENTITIES OVER A PORTION OF PARCEL 1, PARCEL MAP 1179, FILED MAY 22, 1973, IN BOOK 79 OF MAPS, PAGE 59, ALAMEDA COUNTY RECORDS. PARCEL THREE: NONEXCLUSIVE EASEMENTS FOR PARKING AND VEHICULAR AND PEDESTRIAN INGRESS AND EGRESS AS GRANTED IN THAT CERTAIN “DECLARATION OF RECIPROCAL EASEMENTS WATERGATE OFFICE TOWERS” RECORDED AUGUST 4, 2000 AS INSTRUMENT NO. 2000-232335, AND AS AMENDED IN A BY THAT CERTAIN “FIRST AMENDMENT TO DECLARATION OF RECIPROCAL EASEMENTS WATERGATE OFFICE TOWERS” RECORDED APRIL 1JANUARY 16, 20092007 AS INSTRUMENT NO. 2007026642, OF OFFICIAL RECORDS. TRACT D: (Tower III) PARCEL ONE: PARCEL 3, PARCEL MAP 2426, FILED FEBRUARY 21, 1978, IN DOCUMENT NOMAP BOOK 101, PAGE 41, ALAMEDA COUNTY RECORDS. 20090288536PARCEL TWO: AN EASEMENT, AND IN A SECOND AMENDMENT APPURTENANT TO PARCEL 3 OF SAID PARCEL MAP 2426, CONVEYED TO F. XXXXXX XXXXXXX BY XXXXX OF EASEMENT DATED MAY 18, 1978, RECORDED APRIL 13MAY 24, 20101978, IN DOCUMENT NO. 20100308375REEL 5406, IMAGE 119, OFFICIAL RECORDS OF MARICOPA SAID ALAMEDA COUNTY, ARIZONAFOR INGRESS AND EGRESS BY EMERGENCY VEHICLES OF GOVERNMENTAL ENTITIES OVER A PORTION OF PARCEL 1, PARCEL MAP 1179, FILED MAY 22, 1973, IN BOOK 79 OF MAPS, PAGE 59, ALAMEDA COUNTY, MORE PARTICULARLY DESCRIBED THEREIN. PARCEL NO. 3THREE: A NONEXCLUSIVE EASEMENT EASEMENTS FOR A WATER SYSTEM BY OR PURSUANT TO PARKING AND VEHICULAR AND PEDESTRIAN INGRESS AND EGRESS AS GRANTED IN THAT CERTAIN “WATER DELIVERY AGREEMENT, COVENANTS RUNNING WITH THE LAND AND EASEMENTSDECLARATION OF RECIPROCAL EASEMENTS WATERGATE OFFICE TOWERS” RECORDED DECEMBER 28, 2006, IN DOCUMENT NO. 20061691569, AND RE-RECORDED APRIL 19, 2007, IN DOCUMENT NO. 20070457533, OFFICIAL RECORDS OF MARICOPA COUNTY, ARIZONA, AS AMENDED IN A FIRST AMENDMENT RECORDED AUGUST 4, 2009, IN DOCUMENT 2000 AS INSTRUMENT NO. 20090719807 2000-232335, AND IN A SECOND AS AMENDED BY THAT CERTAIN “FIRST AMENDMENT TO DECLARATION OF RECIPROCAL EASEMENTS WATERGATE OFFICE TOWERS” RECORDED DECEMBER 17JANUARY 16, 2009, IN DOCUMENT 2007 AS INSTRUMENT NO. 200911542582007026642, OF OFFICIAL RECORDS. TRACT E: NON-EXCLUSIVE EASEMENT(S), AS AN APPURTENANCE TO TRACTS A, B, C, AND D DESCRIBED ABOVE, FOR VEHICULAR AND PEDESTRIAN TRAFFIC OVER THE LANDS DESCRIBED IN THE “RECIPROCAL EASEMENT AGREEMENT” RECORDED JANUARY 20, 1976, REEL 4232, IMAGE 222, INSTRUMENT NO. 76-8732, OFFICIAL RECORDS OF MARICOPA COUNTY, ARIZONARECORDS. 20180237443 APN: 123049-331495-056B NAI-1503489766v4003-02 (TRACT A), 000-0000-000 (TRACT B), 049-1521-006 (TRACT C) AND 000-0000-000 (TRACT D)
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Xxxxxxxxx, Xx. who 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 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.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 /s/ X. Xxxxx (Seal) 20180237443 EXHIBIT BK 23319 PG 972 Exhibit A Legal Description REAL PROPERTY IN THE CITY BOROUGH OF TEMPEFLORHAM PARK, COUNTY OF MARICOPAXXXXXX, STATE OF ARIZONANEW JERSEY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL NO. 1TRACT ONE: XXX 0X 0.00, XXXXX 0000 XX XXXXXXXXXXXX XXXXX XX A MAP ENTITLED "FINAL PLAT OF MAJOR SUBDIVISION, FLORHAM PARK CORPORATE CENTRE, PHASE 1, BLOCK 1201, XXX 0, X REPLAT OF XXXXXXX XX XXXXXXX XXXX, XXXXXX XXXXXX, NEW JERSEY", PREPARED BY XXXXXX ENGINEERS AND FILED IN THE XXXXXX COUNTY CLERK'S OFFICE ON NOVEMBER 23,1988 AS MAP NO. 4720. TRACT TWO: LOT 7, FOUNTAINHEAD CORPORATE PARK AMENDED, ACCORDING TO THE 4.04 IN BLOCK 1201 AS SHOWN ON A MAP ENTITLED "FINAL PLAT OF SAID SUBDIVISION RECORDED MAJOR SUBDIVISION, FLORHAM PARK CORPORATE CENTRE, PHASE II, BLOCK 1201, XXX 0, XXXXXXX XX XXXXXXX XXXX, XXXXXX XXXXXX, NEW JERSEY", PREPARED BY XXXXXX ENGINEERS AND FILED IN BOOK 864 OF MAPSTHE XXXXXX COUNTY CLERK'S OFFICE ON SEPTEMBER 15, PAGE 8 OF THE RECORDS OF MARICOPA COUNTY, ARIZONA; EXCEPT THAT PORTION THAT WAS CONVEYED IN INSTRUMENT RECORDED 1989 AS RECORDING MAP NO. 2008-1071568 OF OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: THAT PORTION OF XXX 0X, XXXXXXXXXXXX XXX 0 XXXXXX, XXXXXXXXX TO BOOK 864 OF MAPS, PAGE 8, RECORDS OF MARICOPA COUNTY, ARIZONA, LOCATED IN THE NORTHEAST QUARTER (NE 1/4) OF SECTION 29, TOWNSHIP 1 NORTH, RANGE 4 EAST, GILA AND SALT RIVER MERIDIAN, MARICOPA COUNTY, ARIZONA, DESCRIBED AS FOLLOWS: COMMENCING AT A 3/8” IRON BAR 1 FOOT BELOW GROUND TAGGED “RLS 42014” MARKING THE CENTER OF SAID SECTION 29, BEING SOUTH 89 DEGREES 40 MINUTES 03 SECONDS WEST, 2676.43 FEET FROM A CITY OF TEMPE (COT) BRASS CAP IN HAND HOLE LABELED GDAC 64022-1, MARKING THE EAST QUARTER CORNER OF SAID SECTION 29; THENCE ALONG THE EAST-WEST MIDSECTION LINE OF SAID SECTION 29, NORTH 89 DEGREES 40 MINUTES 03 SECONDS EAST, 799.18 FEET TO THE EXISTING EASTERLY RIGHT OF WAY LINE OF INTERSTATE HIGHWAY 10 (PHOENIX - CASA GRANDE HIGHWAY); THENCE ALONG SAID EXISTING EASTERLY RIGHT XX XXX XXXX, XXXXX 00 DEGREES 35 MINUTES 19 SECONDS EAST, 201.01 FEET; THENCE CONTINUING ALONG SAID EXISTING EASTERLY RIGHT OF WAY LINE, FROM A LOCAL TANGENT BEARING OF NORTH 01 DEGREES 00 MINUTES 23 SECONDS WEST ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 3969.72 FEET, A LENGTH OF 354.65 FEET TO THE SOUTHWEST CORNER OF SAID XXX 0X XXX XXX XXXXX XX XXXXXXXXX; THENCE CONTINUING ALONG SAID EXISTING EASTERLY RIGHT OF WAY LINE ALSO BEING THE WESTERLY LINE OF SAID XXX 0X, XXXX X XXXXX XXXXXXX XXXXXXX XX XXXXX 00 DEGREES 07 MINUTES 31 SECONDS WEST ALONG SAID 20180237443 CURVE TO THE LEFT, HAVING A RADIUS OF 3969.72 FEET, A LENGTH OF 186.29 FEET; THENCE CONTINUING ALONG SAID XXXXXXXX XXXX XX XXX 0X, XXXXX 00 DEGREES 37 MINUTES 35 SECONDS EAST, 101.07 FEET; THENCE CONTINUING ALONG SAID WESTERLY LINE, FROM A LOCAL TANGENT BEARING OF NORTH 08 DEGREES 36 MINUTES 18 SECONDS WEST, ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 4069.72 FEET, A LENGTH OF 200.40 FEET; THENCE CONTINUING ALONG SAID WESTERLY LINE, NORTH 89 DEGREES 38 MINUTES 42 SECONDS EAST, 13.02 FEET; THENCE FROM A LOCAL TANGENT BEARING OF SOUTH 11 DEGREES 22 MINUTES 44 SECONDS EAST, ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 4082.72 FEET, A LENGTH OF 386.66 FEET TO THE SOUTHERLY LINE OF SAID LOT 7A; THENCE ALONG SAID SOUTHERLY LINE, SOUTH 89 DEGREES 40 MINUTES 03 SECONDS WEST, 113.25 FEET TO THE POINT OF BEGINNING. PARCEL NO. 2: NONEXCLUSIVE EASEMENTS AND RIGHTS OF PEDESTRIAN AND VEHICULAR ACCESS OVER AND ACROSS PRIVATE ROADS AND STREETS, INCLUDING BUT NOT LIMITED TO FOUNTAINHEAD PARKWAY AND 55TH STREET, BY OR PURSUANT TO THAT CERTAIN “DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS FOR FOUNTAINHEAD CORPORATE PARK” RECORDED FEBRUARY 25, 2005, IN DOCUMENT NO. 20050232522, AND RE-RECORDED MARCH 9, 2005, IN DOCUMENT NO. 20050288447, OFFICIAL RECORDS OF MARICOPA COUNTY, ARIZONA, AS AMENDED IN A FIRST AMENDMENT RECORDED APRIL 1, 2009, IN DOCUMENT NO. 20090288536, AND IN A SECOND AMENDMENT RECORDED APRIL 13, 2010, IN DOCUMENT NO. 20100308375, OFFICIAL RECORDS OF MARICOPA COUNTY, ARIZONA. PARCEL NO. 3: A NONEXCLUSIVE EASEMENT FOR A WATER SYSTEM BY OR PURSUANT TO THAT CERTAIN “WATER DELIVERY AGREEMENT, COVENANTS RUNNING WITH THE LAND AND EASEMENTS” RECORDED DECEMBER 28, 2006, IN DOCUMENT NO. 20061691569, AND RE-RECORDED APRIL 19, 2007, IN DOCUMENT NO. 20070457533, OFFICIAL RECORDS OF MARICOPA COUNTY, ARIZONA, AS AMENDED IN A FIRST AMENDMENT RECORDED AUGUST 4, 2009, IN DOCUMENT NO. 20090719807 AND IN A SECOND AMENDMENT RECORDED DECEMBER 17, 2009, IN DOCUMENT NO. 20091154258, OFFICIAL RECORDS OF MARICOPA COUNTY, ARIZONA. 20180237443 APN: 123-33-056B NAI-1503489766v44799.
Appears in 1 contract
Xxxxxxxxx, Xx. who 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 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.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 /s/ X. Xxxxx (Seal) 20180237443 EXHIBIT Book29750/Page1348 CFN#20180122253 Exhibit A Legal Description REAL PROPERTY IN THE CITY OF TEMPEWEST PALM BEACH, COUNTY OF MARICOPAPALM BEACH, STATE OF ARIZONAFLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL NO. 1: XXX 0X XX XXXXXXXXXXXX (FEE SIMPLE) XXX 0, X REPLAT OF LOT 7, FOUNTAINHEAD CORPORATE PARK AMENDEDXXXXX XXXXXX XX XXXX XXXXX XXXX 9, ACCORDING TO THE PLAT OF SAID SUBDIVISION THEREOF, AS RECORDED IN PLAT BOOK 864 OF MAPS100, PAGE 8 60, OF THE PUBLIC RECORDS OF MARICOPA PALM BEACH COUNTY, ARIZONA; EXCEPT FLORIDA. PARCEL 2: (EASEMENT) TOGETHER WITH NON-EXCLUSIVE EASEMENT, FOR THE BENEFIT OF PARCEL 1 ABOVE, AS CONTAINED IN THAT PORTION THAT WAS CONVEYED CERTAIN VISTA CENTER OF PALM BEACH DECLARATION OF PROTECTIVE COVENANTS, AS RECORDED IN INSTRUMENT RECORDED AS RECORDING NO. 2008-1071568 OF OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: THAT PORTION OF XXX 0X, XXXXXXXXXXXX XXX 0 XXXXXX, XXXXXXXXX TO RECORDS BOOK 864 OF MAPS5900, PAGE 81476, OF THE PUBLIC RECORDS OF MARICOPA PALM BEACH COUNTY, ARIZONAFLORIDA, LOCATED IN THE NORTHEAST QUARTER (NE 1/4) OF SECTION 29, TOWNSHIP 1 NORTH, RANGE 4 EAST, GILA AND SALT RIVER MERIDIAN, MARICOPA COUNTY, ARIZONA, DESCRIBED AS FOLLOWS: COMMENCING AT A 3/8” IRON BAR 1 FOOT BELOW GROUND TAGGED “RLS 42014” MARKING THE CENTER OF SAID SECTION 29, BEING SOUTH 89 DEGREES 40 MINUTES 03 SECONDS WEST, 2676.43 FEET FROM A CITY OF TEMPE (COT) BRASS CAP IN HAND HOLE LABELED GDAC 64022-1, MARKING THE EAST QUARTER CORNER OF SAID SECTION 29; THENCE ALONG THE EAST-WEST MIDSECTION LINE OF SAID SECTION 29, NORTH 89 DEGREES 40 MINUTES 03 SECONDS EAST, 799.18 FEET TO THE EXISTING EASTERLY RIGHT OF WAY LINE OF INTERSTATE HIGHWAY 10 (PHOENIX - CASA GRANDE HIGHWAY); THENCE ALONG SAID EXISTING EASTERLY RIGHT XX XXX XXXX, XXXXX 00 DEGREES 35 MINUTES 19 SECONDS EAST, 201.01 FEET; THENCE CONTINUING ALONG SAID EXISTING EASTERLY RIGHT OF WAY LINE, FROM A LOCAL TANGENT BEARING OF NORTH 01 DEGREES 00 MINUTES 23 SECONDS WEST ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 3969.72 FEET, A LENGTH OF 354.65 FEET TO THE SOUTHWEST CORNER OF SAID XXX 0X XXX XXX XXXXX XX XXXXXXXXX; THENCE CONTINUING ALONG SAID EXISTING EASTERLY RIGHT OF WAY LINE ALSO BEING THE WESTERLY LINE OF SAID XXX 0X, XXXX X XXXXX XXXXXXX XXXXXXX XX XXXXX 00 DEGREES 07 MINUTES 31 SECONDS WEST ALONG SAID 20180237443 CURVE TO THE LEFT, HAVING A RADIUS OF 3969.72 FEET, A LENGTH OF 186.29 FEET; THENCE CONTINUING ALONG SAID XXXXXXXX XXXX XX XXX 0X, XXXXX 00 DEGREES 37 MINUTES 35 SECONDS EAST, 101.07 FEET; THENCE CONTINUING ALONG SAID WESTERLY LINE, FROM A LOCAL TANGENT BEARING OF NORTH 08 DEGREES 36 MINUTES 18 SECONDS WEST, ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 4069.72 FEET, A LENGTH OF 200.40 FEET; THENCE CONTINUING ALONG SAID WESTERLY LINE, NORTH 89 DEGREES 38 MINUTES 42 SECONDS EAST, 13.02 FEET; THENCE FROM A LOCAL TANGENT BEARING OF SOUTH 11 DEGREES 22 MINUTES 44 SECONDS EAST, ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 4082.72 FEET, A LENGTH OF 386.66 FEET TO THE SOUTHERLY LINE OF SAID LOT 7A; THENCE ALONG SAID SOUTHERLY LINE, SOUTH 89 DEGREES 40 MINUTES 03 SECONDS WEST, 113.25 FEET TO THE POINT OF BEGINNINGMAY BE FURTHER AMENDED. PARCEL NO. 2: NONEXCLUSIVE EASEMENTS AND RIGHTS OF PEDESTRIAN AND VEHICULAR ACCESS OVER AND ACROSS PRIVATE ROADS AND STREETS00-42-43-22-14-000-0010 (FOR INFORMATION ONLY) Address: 2054 & 0000 Xxxxx Xxxxxxx, INCLUDING BUT NOT LIMITED TO FOUNTAINHEAD PARKWAY AND 55TH STREETXxxx Xxxx Xxxxx, BY OR PURSUANT TO THAT CERTAIN “DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS FOR FOUNTAINHEAD CORPORATE PARK” RECORDED FEBRUARY 25, 2005, IN DOCUMENT NO. 20050232522, AND RE-RECORDED MARCH 9, 2005, IN DOCUMENT NO. 20050288447, OFFICIAL RECORDS OF MARICOPA COUNTY, ARIZONA, AS AMENDED IN A FIRST AMENDMENT RECORDED APRIL 1, 2009, IN DOCUMENT NO. 20090288536, AND IN A SECOND AMENDMENT RECORDED APRIL 13, 2010, IN DOCUMENT NO. 20100308375, OFFICIAL RECORDS OF MARICOPA COUNTY, ARIZONA. PARCEL NO. 3: A NONEXCLUSIVE EASEMENT FOR A WATER SYSTEM BY OR PURSUANT TO THAT CERTAIN “WATER DELIVERY AGREEMENT, COVENANTS RUNNING WITH THE LAND AND EASEMENTS” RECORDED DECEMBER 28, 2006, IN DOCUMENT NO. 20061691569, AND RE-RECORDED APRIL 19, 2007, IN DOCUMENT NO. 20070457533, OFFICIAL RECORDS OF MARICOPA COUNTY, ARIZONA, AS AMENDED IN A FIRST AMENDMENT RECORDED AUGUST 4, 2009, IN DOCUMENT NO. 20090719807 AND IN A SECOND AMENDMENT RECORDED DECEMBER 17, 2009, IN DOCUMENT NO. 20091154258, OFFICIAL RECORDS OF MARICOPA COUNTY, ARIZONA. 20180237443 APN: 123-33-056B NAI-1503489766v4XX 00000
Appears in 1 contract
Samples: Security Agreement (KBS Real Estate Investment Trust II, Inc.)
Xxxxxxxxx, Xx. who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/aresubscribed to the within instrument and acknowledged to me that he/she/they executed the same inhis/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument theperson(s), or the entity upon behalf of which the person(s) 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 /s/ Xxxxxxx Xxxxxx Xxxxxxxx (Seal) ADMINISTRATIVE AGENT: BANK OF AMERICA, N.A., a national banking association, as Administrative Agent By: /s/ Xxxxx XxXxxx Name: Xxxxx XxXxxx Title: Senior Vice President ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ORANGE On 11/01/2021 before me, XXXXX XXXXXX , Notary Public, (insert name and title of the officer) personally appeared XXXXX XXXXXX who 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 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.. 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 /s/ X. Xxxxx Xxxxxx (Seal) 20180237443 EXHIBIT A Legal Description REAL PROPERTY IN THE CITY OF TEMPEMINNEAPOLIS, COUNTY OF MARICOPAHENNEPIN, STATE OF ARIZONAMINNESOTA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL 1: XXXXXX X, X, X, X, X, X, X AND J, REGISTERED LAND SURVEY NO. 1: XXX 0X XX XXXXXXXXXXXX XXX 01797, X REPLAT OF LOT 7, FOUNTAINHEAD CORPORATE PARK AMENDED, ACCORDING TO THE PLAT OF SAID SUBDIVISION RECORDED IN BOOK 864 OF MAPS, PAGE 8 OF THE RECORDS OF MARICOPA HENNEPIN COUNTY, ARIZONA; EXCEPT THAT PORTION THAT WAS CONVEYED IN INSTRUMENT RECORDED AS RECORDING MINNESOTA. TORRENS PROPERTY CERTIFICATE OF TITLE NO. 2008-1071568 OF OFFICIAL RECORDS1362521 PARCEL 2: EASEMENT TO CONSTRUCT, MORE PARTICULARLY DESCRIBED RECONSTRUCT, REPAIR, MAINTAIN, USE AND OBTAIN ACCESS OVER, ACROSS AND THROUGH THE SKYWAYS (AS FOLLOWS: THAT PORTION OF XXX 0X, XXXXXXXXXXXX XXX 0 XXXXXX, XXXXXXXXX TO BOOK 864 OF MAPS, PAGE 8, RECORDS OF MARICOPA COUNTY, ARIZONA, LOCATED DEFINED IN THE NORTHEAST QUARTER (NE 1/4AGREEMENT, AS HEREINAFTER DEFINED) OF SECTION 29, TOWNSHIP 1 NORTH, RANGE 4 EAST, GILA AND SALT RIVER MERIDIAN, MARICOPA COUNTY, ARIZONA, DESCRIBED AS FOLLOWS: COMMENCING AT A 3/8” IRON BAR 1 FOOT BELOW GROUND TAGGED “RLS 42014” MARKING THE CENTER OF SAID SECTION 29, BEING SOUTH 89 DEGREES 40 MINUTES 03 SECONDS WEST, 2676.43 FEET FROM A CITY OF TEMPE (COT) BRASS CAP SET FORTH IN HAND HOLE LABELED GDAC 64022-1, MARKING THE EAST QUARTER CORNER OF SAID SECTION 29; THENCE ALONG THE EAST-WEST MIDSECTION LINE OF SAID SECTION 29, NORTH 89 DEGREES 40 MINUTES 03 SECONDS EAST, 799.18 FEET TO THE EXISTING EASTERLY RIGHT OF WAY LINE OF INTERSTATE HIGHWAY 10 (PHOENIX - CASA GRANDE HIGHWAY); THENCE ALONG SAID EXISTING EASTERLY RIGHT XX XXX XXXX, XXXXX 00 DEGREES 35 MINUTES 19 SECONDS EAST, 201.01 FEET; THENCE CONTINUING ALONG SAID EXISTING EASTERLY RIGHT OF WAY LINE, FROM A LOCAL TANGENT BEARING OF NORTH 01 DEGREES 00 MINUTES 23 SECONDS WEST ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 3969.72 FEET, A LENGTH OF 354.65 FEET TO THE SOUTHWEST CORNER OF SAID XXX 0X XXX XXX XXXXX XX XXXXXXXXX; THENCE CONTINUING ALONG SAID EXISTING EASTERLY RIGHT OF WAY LINE ALSO BEING THE WESTERLY LINE OF SAID XXX 0X, XXXX X XXXXX XXXXXXX XXXXXXX XX XXXXX 00 DEGREES 07 MINUTES 31 SECONDS WEST ALONG SAID 20180237443 CURVE TO THE LEFT, HAVING A RADIUS OF 3969.72 FEET, A LENGTH OF 186.29 FEET; THENCE CONTINUING ALONG SAID XXXXXXXX XXXX XX XXX 0X, XXXXX 00 DEGREES 37 MINUTES 35 SECONDS EAST, 101.07 FEET; THENCE CONTINUING ALONG SAID WESTERLY LINE, FROM A LOCAL TANGENT BEARING OF NORTH 08 DEGREES 36 MINUTES 18 SECONDS WEST, ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 4069.72 FEET, A LENGTH OF 200.40 FEET; THENCE CONTINUING ALONG SAID WESTERLY LINE, NORTH 89 DEGREES 38 MINUTES 42 SECONDS EAST, 13.02 FEET; THENCE FROM A LOCAL TANGENT BEARING OF SOUTH 11 DEGREES 22 MINUTES 44 SECONDS EAST, ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 4082.72 FEET, A LENGTH OF 386.66 FEET TO THE SOUTHERLY LINE OF SAID LOT 7A; THENCE ALONG SAID SOUTHERLY LINE, SOUTH 89 DEGREES 40 MINUTES 03 SECONDS WEST, 113.25 FEET TO THE POINT OF BEGINNING. PARCEL NO. 2: NONEXCLUSIVE EASEMENTS AND RIGHTS OF PEDESTRIAN AND VEHICULAR ACCESS OVER AND ACROSS PRIVATE ROADS AND STREETS, INCLUDING BUT NOT LIMITED TO FOUNTAINHEAD PARKWAY AND 55TH STREET, BY OR PURSUANT TO THAT CERTAIN “DECLARATION SIXTH SKYWAY AGREEMENT, DATED AS OF COVENANTSFEBRUARY 27, CONDITIONS1992, RESTRICTIONS AND EASEMENTS FOR FOUNTAINHEAD CORPORATE PARK” RECORDED FEBRUARY 25MARCH 31, 2005, IN 1992 AS ABSTRACT DOCUMENT NO. 200502325225893893 AND RECORDED MAY 7, AND RE-RECORDED MARCH 9, 2005, IN 1992 AS TORRENS DOCUMENT NO. 200502884472248394 (THE “AGREEMENT”); AS AMENDED BY AMENDMENT TO SIXTH STREET SKYWAY AGREEMENT, OFFICIAL RECORDS DATED AS OF MARICOPA COUNTYJANUARY 31, ARIZONA2013, RECORDED JANUARY 31, 2013 AS DOCUMENT NOS. A9902192 AND T5038757. PARCEL 3: NON-EXCLUSIVE EASEMENT (A) FOR THE SUPPORT, MAINTENANCE, REPAIR, RECONSTRUCTION AND REMOVAL OF THE SKYWAY BRIDGE (AS DEFINED IN THE AGREEMENT, AS HEREINAFTER DEFINED), INCLUDING ALL NECESSARY CONNECTIONS OF THE SKYWAY BRIDGE TO THE SIXTH AND NICOLLET BUILDING (AS DEFINED IN THE AGREEMENT), (B) WITHIN THE SKYWAY BRIDGE FOR THE PURPOSES OF PEDESTRIAN ACCESS AND PASSAGE THROUGH THE SKYWAY BRIDGE AND REASONABLE INCIDENTAL USES, AND (C) OVER THE SIXTH AND NICOLLET INTERIOR CORRIDOR (AS DEFINED IN THE AGREEMENT) CONNECTING THE SKYWAY BRIDGE TO CITY CENTER (AS DEFINED IN THE AGREEMENT) AND OTHER STREETS AND OTHER SKYWAYS IN OR ADJACENT TO THE SIXTH AND NICOLLET BUILDING FOR PEDESTRIAN ACCESS AND PASSAGE, ALL AS SET FORTH IN THAT CERTAIN AMENDED AND RESTATED SKYWAY AGREEMENT, DATED AS OF OCTOBER 27, 2000, RECORDED OCTOBER 5, 2001 AS DOCUMENT NOS. 7554047 AND 3442897 (THE “AGREEMENT”). PARCEL 4: THE BENEFITS OF THE EASEMENTS AS CONTAINED IN A FIRST AMENDMENT EASEMENT AND CONSTRUCTION AGREEMENT DATED JUNE 6, 1989, RECORDED APRIL 1JUNE 28, 2009, IN 1989 AS ABSTRACT DOCUMENT NO. 200902885365548948 AND RECORDED JULY 5, AND IN A SECOND AMENDMENT RECORDED APRIL 13, 2010, IN 1989 AS DOCUMENT NO. 20100308375, OFFICIAL RECORDS OF MARICOPA COUNTY, ARIZONA. PARCEL NO. 3: A NONEXCLUSIVE 2023731; AS AMENDED BY FIRST AMENDMENT TO EASEMENT FOR A WATER SYSTEM BY OR PURSUANT TO THAT CERTAIN “WATER DELIVERY AND CONSTRUCTION AGREEMENT, COVENANTS RUNNING WITH THE LAND AND EASEMENTS” DATED MAY 9, 2014, RECORDED DECEMBER 28JULY 31, 2006, IN 2014 AS DOCUMENT NO. 20061691569T5188720. PARCEL 5: THE BENEFITS OF THE EASEMENTS AS CONTAINED IN EASEMENT AND CONSTRUCTION AGREEMENT DATED JUNE 6, 1989, RECORDED JUNE 28, 1989 AS ABSTRACT DOCUMENT NO. 5548949 AND RE-RECORDED JULY 5, 1989 AS DOCUMENT NO. 2023732; AS AMENDED BY FIRST AMENDMENT TO EASEMENT AND CONSTRUCTION AGREEMENT DATED APRIL 1924, 2007, IN RECORDED MAY 8, 2007 AS TORRENS DOCUMENT NO. 200704575334384031. PARCEL 6: BENEFITS OF THE EASEMENTS SET FORTH IN THAT CERTAIN DECLARATION OF EASEMENTS AND COVENANTS, OFFICIAL RECORDS DATED AS OF MARICOPA COUNTYJANUARY 31, ARIZONA2013, RECORDED JANUARY 31, 2013 AS AMENDED IN A FIRST AMENDMENT RECORDED AUGUST 4, 2009, IN TORRENS DOCUMENT NO. 20090719807 T5038758; AS AMENDED BY FIRST AMENDMENT TO DECLARATION OF EASEMENT AND IN A SECOND AMENDMENT COVENANTS, DATED FEBRUARY 21, 2014, RECORDED DECEMBER 17MARCH 7, 2009, IN 2014 AS DOCUMENT NO. 20091154258T5156506; AS FURTHER AMENDED BY SECOND AMENDMENT TO DECLARATION OF EASEMENT AND COVENANTS, OFFICIAL RECORDS OF MARICOPA COUNTYDATED MAY 9, ARIZONA2014, RECORDED JULY 31, 2014 AS DOCUMENT NO. 20180237443 APN: 123T5188532. Property Tax Identification No. 22-33029-056B NAI-1503489766v424-44-0112 Property Tax Identification No. 22-029-24-44-0113 Property Tax Identification No. 22-029-24-44-0117 Property Tax Identification No. 22-029-24-44-0119 Property Tax Identification No. 22-029-24-44-0111 Property Tax Identification No. 22-029-24-44-0114 Property Tax Identification No. 22-029-24-44-0118 Property Tax Identification No. 22-029-24-44-0120
Appears in 1 contract
Samples: Easement and Construction Agreement (KBS Real Estate Investment Trust III, Inc.)
Xxxxxxxxx, Xx. who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed aresubscribed to the within instrument and acknowledged to me that he/she/they executed the same in hisinhis/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(stheperson(s), or the entity upon behalf of which the person(s) 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 /s/ X. Xxxxx (Seal) 20180237443 AGENT: U.S. BANK NATIONAL ASSOCIATION, a national banking association, By: /s/Xxxxxxxxxxx Xxxxxx Name: Xxxxxxxxxxx Xxxxxx Title: SVP SMRH:4890-7842-5504 [Signature Page to Third Modification (Short Form)] ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of CaliforniaCounty of Orange) On February 5, 2024 before me, iilandia xxxxxxx xxxxxxxx, notary public (insert name and title of the officer)personally appeared Xxxxxxxxxxx Xxxxxx ,who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/aresubscribed to the within instrument and acknowledged to me that he/she/they executed the same inhis/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument theperson(s), or the entity upon behalf of which the person(s) 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 /s/ Iilandia Xxxxxxx Xxxxxxxx (Seal) EXHIBIT A Legal Description REAL PROPERTY IN THE CITY OF TEMPELEGAL DESCRIPTION That certain real property located in Travis County, COUNTY OF MARICOPATexas, STATE OF ARIZONA, MORE PARTICULARLY DESCRIBED AS FOLLOWSmore particularly described as follows: PARCEL NO. 1: XXX 0X XX XXXXXXXXXXXX XXX 0, X REPLAT OF LOT 7, FOUNTAINHEAD CORPORATE PARK AMENDED, ACCORDING TO THE PLAT OF SAID SUBDIVISION RECORDED IN BOOK 864 OF MAPS, PAGE 8 OF THE RECORDS OF MARICOPA COUNTY, ARIZONA; EXCEPT THAT PORTION THAT WAS CONVEYED IN INSTRUMENT RECORDED AS RECORDING NO. 2008-1071568 OF OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: THAT PORTION OF XXX 0X, XXXXXXXXXXXX XXX 0 XXXXXX, XXXXXXXXX TO BOOK 864 OF MAPS, PAGE 8, RECORDS OF MARICOPA COUNTY, ARIZONA, LOCATED IN THE NORTHEAST QUARTER TRACT 1 (NE 1/4) OF SECTION 29, TOWNSHIP 1 NORTH, RANGE 4 EAST, GILA AND SALT RIVER MERIDIAN, MARICOPA COUNTY, ARIZONA, DESCRIBED AS FOLLOWS: COMMENCING AT A 3/8” IRON BAR 1 FOOT BELOW GROUND TAGGED “RLS 42014” MARKING THE CENTER OF SAID SECTION 29, BEING SOUTH 89 DEGREES 40 MINUTES 03 SECONDS WEST, 2676.43 FEET FROM A CITY OF TEMPE (COT) BRASS CAP IN HAND HOLE LABELED GDAC 64022-1, MARKING THE EAST QUARTER CORNER OF SAID SECTION 29; THENCE ALONG THE EAST-WEST MIDSECTION LINE OF SAID SECTION 29, NORTH 89 DEGREES 40 MINUTES 03 SECONDS EAST, 799.18 FEET TO THE EXISTING EASTERLY RIGHT OF WAY LINE OF INTERSTATE HIGHWAY 10 (PHOENIX - CASA GRANDE HIGHWAY); THENCE ALONG SAID EXISTING EASTERLY RIGHT XX XXX XXXX, XXXXX 00 DEGREES 35 MINUTES 19 SECONDS EAST, 201.01 FEET; THENCE CONTINUING ALONG SAID EXISTING EASTERLY RIGHT OF WAY LINE, FROM A LOCAL TANGENT BEARING OF NORTH 01 DEGREES 00 MINUTES 23 SECONDS WEST ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 3969.72 FEET, A LENGTH OF 354.65 FEET TO THE SOUTHWEST CORNER OF SAID XXX 0X XXX XXX XXXXX XX XXXXXXXXX; THENCE CONTINUING ALONG SAID EXISTING EASTERLY RIGHT OF WAY LINE ALSO BEING THE WESTERLY LINE OF SAID XXX 0X, XXXX X XXXXX XXXXXXX XXXXXXX XX XXXXX 00 DEGREES 07 MINUTES 31 SECONDS WEST ALONG SAID 20180237443 CURVE TO THE LEFT, HAVING A RADIUS OF 3969.72 FEET, A LENGTH OF 186.29 FEET; THENCE CONTINUING ALONG SAID XXXXXXXX XXXX XX XXX 0X, XXXXX 00 DEGREES 37 MINUTES 35 SECONDS EAST, 101.07 FEET; THENCE CONTINUING ALONG SAID WESTERLY LINE, FROM A LOCAL TANGENT BEARING OF NORTH 08 DEGREES 36 MINUTES 18 SECONDS WEST, ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 4069.72 FEET, A LENGTH OF 200.40 FEET; THENCE CONTINUING ALONG SAID WESTERLY LINE, NORTH 89 DEGREES 38 MINUTES 42 SECONDS EAST, 13.02 FEET; THENCE FROM A LOCAL TANGENT BEARING OF SOUTH 11 DEGREES 22 MINUTES 44 SECONDS EAST, ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 4082.72 FEET, A LENGTH OF 386.66 FEET TO THE SOUTHERLY LINE OF SAID LOT 7A; THENCE ALONG SAID SOUTHERLY LINE, SOUTH 89 DEGREES 40 MINUTES 03 SECONDS WEST, 113.25 FEET TO THE POINT OF BEGINNING. PARCEL NO. 2: NONEXCLUSIVE EASEMENTS AND RIGHTS OF PEDESTRIAN AND VEHICULAR ACCESS OVER AND ACROSS PRIVATE ROADS AND STREETS, INCLUDING BUT NOT LIMITED TO FOUNTAINHEAD PARKWAY AND 55TH STREET, BY OR PURSUANT TO THAT CERTAIN “DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS FOR FOUNTAINHEAD CORPORATE PARK” RECORDED FEBRUARY 25, 2005, IN DOCUMENT NO. 20050232522, AND RE-RECORDED MARCH 9, 2005, IN DOCUMENT NO. 20050288447, OFFICIAL RECORDS OF MARICOPA COUNTY, ARIZONA, AS AMENDED IN A FIRST AMENDMENT RECORDED APRIL 1, 2009, IN DOCUMENT NO. 20090288536, AND IN A SECOND AMENDMENT RECORDED APRIL 13, 2010, IN DOCUMENT NO. 20100308375, OFFICIAL RECORDS OF MARICOPA COUNTY, ARIZONA. PARCEL NO. 3: A NONEXCLUSIVE EASEMENT FOR A WATER SYSTEM BY OR PURSUANT TO THAT CERTAIN “WATER DELIVERY AGREEMENT, COVENANTS RUNNING WITH THE LAND AND EASEMENTS” RECORDED DECEMBER 28, 2006, IN DOCUMENT NO. 20061691569, AND RE-RECORDED APRIL 19, 2007, IN DOCUMENT NO. 20070457533, OFFICIAL RECORDS OF MARICOPA COUNTY, ARIZONA, AS AMENDED IN A FIRST AMENDMENT RECORDED AUGUST Bank of America Land): All of Lots 4, 20095 and 6, IN DOCUMENT NO. 20090719807 AND IN A SECOND AMENDMENT RECORDED DECEMBER 17Block 56, 2009of the Original City of Xxxxxx, IN DOCUMENT NO. 20091154258Xxxxxx County, OFFICIAL RECORDS OF MARICOPA COUNTYTexas, ARIZONA. 20180237443 APN: 123-33-056B NAI-1503489766v4according to the Plat on file at the General Land Office of the State of Texas.
Appears in 1 contract
Samples: Advance and Third Modification Agreement (KBS Real Estate Investment Trust III, Inc.)
Xxxxxxxxx, Xx. who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed aresubscribed to the within instrument and acknowledged to me that he/she/they executed the same in hisinhis/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(stheperson(s), or the entity upon behalf of which the person(s) 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 /s/ X. Xxxxx (Seal) 20180237443 AGENT: U.S. BANK NATIONAL ASSOCIATION, a national banking association, By: /s/Xxxxxxxxxxx Xxxxxx Name: Xxxxxxxxxxx Xxxxxx Title: SVP SMRH:4864-9453-7376 [Signature Page to Third Modification (Short Form)] ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of CaliforniaCounty of Orange) On February 5, 2024 before me, iilandia xxxxxxx xxxxxxxx, notary public (insert name and title of the officer)personally appeared Xxxxxxxxxxx Xxxxxx ,who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/aresubscribed to the within instrument and acknowledged to me that he/she/they executed the same inhis/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument theperson(s), or the entity upon behalf of which the person(s) 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 /s/ Iilandia Xxxxxxx Xxxxxxxx (Seal) EXHIBIT A Legal Description REAL PROPERTY IN THE CITY OF TEMPELEGAL DESCRIPTION That certain real property located in Travis County, COUNTY OF MARICOPATexas, STATE OF ARIZONA, MORE PARTICULARLY DESCRIBED AS FOLLOWSmore particularly described as follows: PARCEL NO. 1: XXX 0X XX XXXXXXXXXXXX XXX 0, X REPLAT OF LOT 7, FOUNTAINHEAD CORPORATE PARK AMENDED, ACCORDING TO THE PLAT OF SAID SUBDIVISION RECORDED IN BOOK 864 OF MAPS, PAGE 8 OF THE RECORDS OF MARICOPA COUNTY, ARIZONA; EXCEPT THAT PORTION THAT WAS CONVEYED IN INSTRUMENT RECORDED AS RECORDING NO. 2008-1071568 OF OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: THAT PORTION OF XXX 0X, XXXXXXXXXXXX XXX 0 XXXXXX, XXXXXXXXX TO BOOK 864 OF MAPS, PAGE 8, RECORDS OF MARICOPA COUNTY, ARIZONA, LOCATED IN THE NORTHEAST QUARTER TRACT 1 (NE 1/4) OF SECTION 29, TOWNSHIP 1 NORTH, RANGE 4 EAST, GILA AND SALT RIVER MERIDIAN, MARICOPA COUNTY, ARIZONA, DESCRIBED AS FOLLOWS: COMMENCING AT A 3/8” IRON BAR 1 FOOT BELOW GROUND TAGGED “RLS 42014” MARKING THE CENTER OF SAID SECTION 29, BEING SOUTH 89 DEGREES 40 MINUTES 03 SECONDS WEST, 2676.43 FEET FROM A CITY OF TEMPE (COT) BRASS CAP IN HAND HOLE LABELED GDAC 64022-1, MARKING THE EAST QUARTER CORNER OF SAID SECTION 29; THENCE ALONG THE EAST-WEST MIDSECTION LINE OF SAID SECTION 29, NORTH 89 DEGREES 40 MINUTES 03 SECONDS EAST, 799.18 FEET TO THE EXISTING EASTERLY RIGHT OF WAY LINE OF INTERSTATE HIGHWAY 10 (PHOENIX - CASA GRANDE HIGHWAY); THENCE ALONG SAID EXISTING EASTERLY RIGHT XX XXX XXXX, XXXXX 00 DEGREES 35 MINUTES 19 SECONDS EAST, 201.01 FEET; THENCE CONTINUING ALONG SAID EXISTING EASTERLY RIGHT OF WAY LINE, FROM A LOCAL TANGENT BEARING OF NORTH 01 DEGREES 00 MINUTES 23 SECONDS WEST ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 3969.72 FEET, A LENGTH OF 354.65 FEET TO THE SOUTHWEST CORNER OF SAID XXX 0X XXX XXX XXXXX XX XXXXXXXXX; THENCE CONTINUING ALONG SAID EXISTING EASTERLY RIGHT OF WAY LINE ALSO BEING THE WESTERLY LINE OF SAID XXX 0X, XXXX X XXXXX XXXXXXX XXXXXXX XX XXXXX 00 DEGREES 07 MINUTES 31 SECONDS WEST ALONG SAID 20180237443 CURVE TO THE LEFT, HAVING A RADIUS OF 3969.72 FEET, A LENGTH OF 186.29 FEET; THENCE CONTINUING ALONG SAID XXXXXXXX XXXX XX XXX 0X, XXXXX 00 DEGREES 37 MINUTES 35 SECONDS EAST, 101.07 FEET; THENCE CONTINUING ALONG SAID WESTERLY LINE, FROM A LOCAL TANGENT BEARING OF NORTH 08 DEGREES 36 MINUTES 18 SECONDS WEST, ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 4069.72 FEET, A LENGTH OF 200.40 FEET; THENCE CONTINUING ALONG SAID WESTERLY LINE, NORTH 89 DEGREES 38 MINUTES 42 SECONDS EAST, 13.02 FEET; THENCE FROM A LOCAL TANGENT BEARING OF SOUTH 11 DEGREES 22 MINUTES 44 SECONDS EAST, ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 4082.72 FEET, A LENGTH OF 386.66 FEET TO THE SOUTHERLY LINE OF SAID LOT 7A; THENCE ALONG SAID SOUTHERLY LINE, SOUTH 89 DEGREES 40 MINUTES 03 SECONDS WEST, 113.25 FEET TO THE POINT OF BEGINNING. PARCEL NO. 2: NONEXCLUSIVE EASEMENTS AND RIGHTS OF PEDESTRIAN AND VEHICULAR ACCESS OVER AND ACROSS PRIVATE ROADS AND STREETS, INCLUDING BUT NOT LIMITED TO FOUNTAINHEAD PARKWAY AND 55TH STREET, BY OR PURSUANT TO THAT CERTAIN “DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS FOR FOUNTAINHEAD CORPORATE PARK” RECORDED FEBRUARY 25, 2005, IN DOCUMENT NO. 20050232522, AND RE-RECORDED MARCH 9, 2005, IN DOCUMENT NO. 20050288447, OFFICIAL RECORDS OF MARICOPA COUNTY, ARIZONA, AS AMENDED IN A FIRST AMENDMENT RECORDED APRIL 1, 2009, IN DOCUMENT NO. 20090288536, AND IN A SECOND AMENDMENT RECORDED APRIL 13, 2010, IN DOCUMENT NO. 20100308375, OFFICIAL RECORDS OF MARICOPA COUNTY, ARIZONA. PARCEL NO. 3: A NONEXCLUSIVE EASEMENT FOR A WATER SYSTEM BY OR PURSUANT TO THAT CERTAIN “WATER DELIVERY AGREEMENT, COVENANTS RUNNING WITH THE LAND AND EASEMENTS” RECORDED DECEMBER 28, 2006, IN DOCUMENT NO. 20061691569, AND RE-RECORDED APRIL 19, 2007, IN DOCUMENT NO. 20070457533, OFFICIAL RECORDS OF MARICOPA COUNTY, ARIZONA, AS AMENDED IN A FIRST AMENDMENT RECORDED AUGUST Bank of America Land): All of Lots 4, 20095 and 6, IN DOCUMENT NO. 20090719807 AND IN A SECOND AMENDMENT RECORDED DECEMBER 17Block 56, 2009of the Original City of Xxxxxx, IN DOCUMENT NO. 20091154258Xxxxxx County, OFFICIAL RECORDS OF MARICOPA COUNTYTexas, ARIZONA. 20180237443 APN: 123-33-056B NAI-1503489766v4according to the Plat on file at the General Land Office of the State of Texas.
Appears in 1 contract
Samples: Advance and Third Modification Agreement (KBS Real Estate Investment Trust III, Inc.)
Xxxxxxxxx, Xx. who 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 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.. 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 /s/ X. Xxxxx (Seal) 20180237443 EXHIBIT A Legal Description REAL PROPERTY IN THE CITY OF TEMPEMINNEAPOLIS, COUNTY OF MARICOPAHENNEPIN, STATE OF ARIZONAMINNESOTA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL 1: XXXXXX X, X, X, X, X, X, X AND J, REGISTERED LAND SURVEY NO. 1: XXX 0X XX XXXXXXXXXXXX XXX 01797, X REPLAT OF LOT 7, FOUNTAINHEAD CORPORATE PARK AMENDED, ACCORDING TO THE PLAT OF SAID SUBDIVISION RECORDED IN BOOK 864 OF MAPS, PAGE 8 OF THE RECORDS OF MARICOPA HENNEPIN COUNTY, ARIZONA; EXCEPT THAT PORTION THAT WAS CONVEYED IN INSTRUMENT RECORDED AS RECORDING MINNESOTA. TORRENS PROPERTY CERTIFICATE OF TITLE NO. 2008-1071568 OF OFFICIAL RECORDS1362521 PARCEL 2: EASEMENT TO CONSTRUCT, MORE PARTICULARLY DESCRIBED RECONSTRUCT, REPAIR, MAINTAIN, USE AND OBTAIN ACCESS OVER, ACROSS AND THROUGH THE SKYWAYS (AS FOLLOWS: THAT PORTION OF XXX 0X, XXXXXXXXXXXX XXX 0 XXXXXX, XXXXXXXXX TO BOOK 864 OF MAPS, PAGE 8, RECORDS OF MARICOPA COUNTY, ARIZONA, LOCATED DEFINED IN THE NORTHEAST QUARTER (NE 1/4AGREEMENT, AS HEREINAFTER DEFINED) OF SECTION 29, TOWNSHIP 1 NORTH, RANGE 4 EAST, GILA AND SALT RIVER MERIDIAN, MARICOPA COUNTY, ARIZONA, DESCRIBED AS FOLLOWS: COMMENCING AT A 3/8” IRON BAR 1 FOOT BELOW GROUND TAGGED “RLS 42014” MARKING THE CENTER OF SAID SECTION 29, BEING SOUTH 89 DEGREES 40 MINUTES 03 SECONDS WEST, 2676.43 FEET FROM A CITY OF TEMPE (COT) BRASS CAP SET FORTH IN HAND HOLE LABELED GDAC 64022-1, MARKING THE EAST QUARTER CORNER OF SAID SECTION 29; THENCE ALONG THE EAST-WEST MIDSECTION LINE OF SAID SECTION 29, NORTH 89 DEGREES 40 MINUTES 03 SECONDS EAST, 799.18 FEET TO THE EXISTING EASTERLY RIGHT OF WAY LINE OF INTERSTATE HIGHWAY 10 (PHOENIX - CASA GRANDE HIGHWAY); THENCE ALONG SAID EXISTING EASTERLY RIGHT XX XXX XXXX, XXXXX 00 DEGREES 35 MINUTES 19 SECONDS EAST, 201.01 FEET; THENCE CONTINUING ALONG SAID EXISTING EASTERLY RIGHT OF WAY LINE, FROM A LOCAL TANGENT BEARING OF NORTH 01 DEGREES 00 MINUTES 23 SECONDS WEST ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 3969.72 FEET, A LENGTH OF 354.65 FEET TO THE SOUTHWEST CORNER OF SAID XXX 0X XXX XXX XXXXX XX XXXXXXXXX; THENCE CONTINUING ALONG SAID EXISTING EASTERLY RIGHT OF WAY LINE ALSO BEING THE WESTERLY LINE OF SAID XXX 0X, XXXX X XXXXX XXXXXXX XXXXXXX XX XXXXX 00 DEGREES 07 MINUTES 31 SECONDS WEST ALONG SAID 20180237443 CURVE TO THE LEFT, HAVING A RADIUS OF 3969.72 FEET, A LENGTH OF 186.29 FEET; THENCE CONTINUING ALONG SAID XXXXXXXX XXXX XX XXX 0X, XXXXX 00 DEGREES 37 MINUTES 35 SECONDS EAST, 101.07 FEET; THENCE CONTINUING ALONG SAID WESTERLY LINE, FROM A LOCAL TANGENT BEARING OF NORTH 08 DEGREES 36 MINUTES 18 SECONDS WEST, ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 4069.72 FEET, A LENGTH OF 200.40 FEET; THENCE CONTINUING ALONG SAID WESTERLY LINE, NORTH 89 DEGREES 38 MINUTES 42 SECONDS EAST, 13.02 FEET; THENCE FROM A LOCAL TANGENT BEARING OF SOUTH 11 DEGREES 22 MINUTES 44 SECONDS EAST, ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 4082.72 FEET, A LENGTH OF 386.66 FEET TO THE SOUTHERLY LINE OF SAID LOT 7A; THENCE ALONG SAID SOUTHERLY LINE, SOUTH 89 DEGREES 40 MINUTES 03 SECONDS WEST, 113.25 FEET TO THE POINT OF BEGINNING. PARCEL NO. 2: NONEXCLUSIVE EASEMENTS AND RIGHTS OF PEDESTRIAN AND VEHICULAR ACCESS OVER AND ACROSS PRIVATE ROADS AND STREETS, INCLUDING BUT NOT LIMITED TO FOUNTAINHEAD PARKWAY AND 55TH STREET, BY OR PURSUANT TO THAT CERTAIN “DECLARATION SIXTH SKYWAY AGREEMENT, DATED AS OF COVENANTSFEBRUARY 27, CONDITIONS1992, RESTRICTIONS AND EASEMENTS FOR FOUNTAINHEAD CORPORATE PARK” RECORDED FEBRUARY 25MARCH 31, 2005, IN 1992 AS ABSTRACT DOCUMENT NO. 200502325225893893 AND RECORDED MAY 7, AND RE-RECORDED MARCH 9, 2005, IN 1992 AS TORRENS DOCUMENT NO. 200502884472248394 (THE “AGREEMENT”); AS AMENDED BY AMENDMENT TO SIXTH STREET SKYWAY AGREEMENT, OFFICIAL RECORDS DATED AS OF MARICOPA COUNTYJANUARY 31, ARIZONA2013, RECORDED JANUARY 31, 2013 AS DOCUMENT NOS. A9902192 AND T5038757. PARCEL 3: NON-EXCLUSIVE EASEMENT (A) FOR THE SUPPORT, MAINTENANCE, REPAIR, RECONSTRUCTION AND REMOVAL OF THE SKYWAY BRIDGE (AS DEFINED IN THE AGREEMENT, AS HEREINAFTER DEFINED), INCLUDING ALL NECESSARY CONNECTIONS OF THE SKYWAY BRIDGE TO THE SIXTH AND NICOLLET BUILDING (AS DEFINED IN THE AGREEMENT), (B) WITHIN THE SKYWAY BRIDGE FOR THE PURPOSES OF PEDESTRIAN ACCESS AND PASSAGE THROUGH THE SKYWAY BRIDGE AND REASONABLE INCIDENTAL USES, AND (C) OVER THE SIXTH AND NICOLLET INTERIOR CORRIDOR (AS DEFINED IN THE AGREEMENT) CONNECTING THE SKYWAY BRIDGE TO CITY CENTER (AS DEFINED IN THE AGREEMENT) AND OTHER STREETS AND OTHER SKYWAYS IN OR ADJACENT TO THE SIXTH AND NICOLLET BUILDING FOR PEDESTRIAN ACCESS AND PASSAGE, ALL AS SET FORTH IN THAT CERTAIN AMENDED AND RESTATED SKYWAY AGREEMENT, DATED AS OF OCTOBER 27, 2000, RECORDED OCTOBER 5, 2001 AS DOCUMENT NOS. 7554047 AND 3442897 (THE “AGREEMENT”). PARCEL 4: THE BENEFITS OF THE EASEMENTS AS CONTAINED IN A FIRST AMENDMENT EASEMENT AND CONSTRUCTION AGREEMENT DATED JUNE 6, 1989, RECORDED APRIL 1JUNE 28, 2009, IN 1989 AS ABSTRACT DOCUMENT NO. 200902885365548948 AND RECORDED JULY 5, AND IN A SECOND AMENDMENT RECORDED APRIL 13, 2010, IN 1989 AS DOCUMENT NO. 20100308375, OFFICIAL RECORDS OF MARICOPA COUNTY, ARIZONA. PARCEL NO. 3: A NONEXCLUSIVE 2023731; AS AMENDED BY FIRST AMENDMENT TO EASEMENT FOR A WATER SYSTEM BY OR PURSUANT TO THAT CERTAIN “WATER DELIVERY AND CONSTRUCTION AGREEMENT, COVENANTS RUNNING WITH THE LAND AND EASEMENTS” DATED MAY 9, 2014, RECORDED DECEMBER 28JULY 31, 2006, IN 2014 AS DOCUMENT NO. 20061691569T5188720. PARCEL 5: THE BENEFITS OF THE EASEMENTS AS CONTAINED IN EASEMENT AND CONSTRUCTION AGREEMENT DATED JUNE 6, 1989, RECORDED JUNE 28, 1989 AS ABSTRACT DOCUMENT NO. 5548949 AND RE-RECORDED JULY 5, 1989 AS DOCUMENT NO. 2023732; AS AMENDED BY FIRST AMENDMENT TO EASEMENT AND CONSTRUCTION AGREEMENT DATED APRIL 1924, 2007, IN RECORDED MAY 8, 2007 AS TORRENS DOCUMENT NO. 200704575334384031. PARCEL 6: BENEFITS OF THE EASEMENTS SET FORTH IN THAT CERTAIN DECLARATION OF EASEMENTS AND COVENANTS, OFFICIAL RECORDS DATED AS OF MARICOPA COUNTYJANUARY 31, ARIZONA2013, RECORDED JANUARY 31, 2013 AS AMENDED IN A FIRST AMENDMENT RECORDED AUGUST 4, 2009, IN TORRENS DOCUMENT NO. 20090719807 T5038758; AS AMENDED BY FIRST AMENDMENT TO DECLARATION OF EASEMENT AND IN A SECOND AMENDMENT COVENANTS, DATED FEBRUARY 21, 2014, RECORDED DECEMBER 17MARCH 7, 2009, IN 2014 AS DOCUMENT NO. 20091154258T5156506; AS FURTHER AMENDED BY SECOND AMENDMENT TO DECLARATION OF EASEMENT AND COVENANTS, OFFICIAL RECORDS OF MARICOPA COUNTYDATED MAY 9, ARIZONA2014, RECORDED JULY 31, 2014 AS DOCUMENT NO. 20180237443 APN: 123-33-056B NAI-1503489766v4T5188532.
Appears in 1 contract
Samples: Easement and Construction Agreement (KBS Real Estate Investment Trust III, Inc.)
Xxxxxxxxx, Xx. who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/aresubscribed to the within instrument and acknowledged to me that he/she/they executed the same inhis/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument theperson(s), or the entity upon behalf of which the person(s) 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 /s/ Xxxxxxx Xxxxxx Xxxxxxxx (Seal) ADMINISTRATIVE AGENT: BANK OF AMERICA, N.A., a national banking association, as Administrative Agent By: /s/ Xxxxx XxXxxx Name: Xxxxx XxXxxx Title: Senior Vice President ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ORANGE On 11/01/2021 before me, XXXXX XXXXXX , Notary Public, (insert name and title of the officer) personally appeared XXXXX XXXXXX who 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 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.. 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 /s/ X. Xxxxx Xxxxxx (Seal) 20180237443 EXHIBIT A Legal Description REAL PROPERTY IN THE CITY OF TEMPESAN XXXX, COUNTY OF MARICOPASANTA XXXXX, STATE OF ARIZONACALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL NO. 1: XXX 0X XX XXXXXXXXXXXX XXX 0, X REPLAT AS SHOWN ON THAT CERTAIN PARCEL MAP FILED IN THE OFFICE OF LOT 7THE RECORDER OF THE COUNTY OF SANTA XXXXX, FOUNTAINHEAD CORPORATE PARK AMENDEDSTATE OF CALIFORNIA ON JUNE 9, ACCORDING TO THE PLAT OF SAID SUBDIVISION RECORDED 1987, IN BOOK 864 574 OF MAPS, PAGE 8 OF THE RECORDS OF MARICOPA COUNTY, ARIZONA; EXCEPT THAT PORTION THAT WAS CONVEYED IN INSTRUMENT RECORDED AS RECORDING NOPAGE(S) 45 AND 46. 2008-1071568 OF OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: THAT PORTION OF XXX 0X, XXXXXXXXXXXX XXX 0 XXXXXX, XXXXXXXXX TO BOOK 864 OF MAPS, PAGE 8, RECORDS OF MARICOPA COUNTY, ARIZONA, LOCATED IN THE NORTHEAST QUARTER (NE 1/4) OF SECTION 29, TOWNSHIP 1 NORTH, RANGE 4 EAST, GILA AND SALT RIVER MERIDIAN, MARICOPA COUNTY, ARIZONA, DESCRIBED AS FOLLOWS: COMMENCING AT A 3/8” IRON BAR 1 FOOT BELOW GROUND TAGGED “RLS 42014” MARKING THE CENTER OF SAID SECTION 29, BEING SOUTH 89 DEGREES 40 MINUTES 03 SECONDS WEST, 2676.43 FEET FROM A CITY OF TEMPE (COT) BRASS CAP IN HAND HOLE LABELED GDAC 64022-1, MARKING THE EAST QUARTER CORNER OF SAID SECTION 29; THENCE ALONG THE EAST-WEST MIDSECTION LINE OF SAID SECTION 29, NORTH 89 DEGREES 40 MINUTES 03 SECONDS EAST, 799.18 FEET TO THE EXISTING EASTERLY RIGHT OF WAY LINE OF INTERSTATE HIGHWAY 10 (PHOENIX - CASA GRANDE HIGHWAY); THENCE ALONG SAID EXISTING EASTERLY RIGHT XX XXX XXXX, XXXXX 00 DEGREES 35 MINUTES 19 SECONDS EAST, 201.01 FEET; THENCE CONTINUING ALONG SAID EXISTING EASTERLY RIGHT OF WAY LINE, FROM A LOCAL TANGENT BEARING OF NORTH 01 DEGREES 00 MINUTES 23 SECONDS WEST ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 3969.72 FEET, A LENGTH OF 354.65 FEET TO THE SOUTHWEST CORNER OF SAID XXX 0X XXX XXX XXXXX XX XXXXXXXXX; THENCE CONTINUING ALONG SAID EXISTING EASTERLY RIGHT OF WAY LINE ALSO BEING THE WESTERLY LINE OF SAID XXX 0X, XXXX X XXXXX XXXXXXX XXXXXXX XX XXXXX 00 DEGREES 07 MINUTES 31 SECONDS WEST ALONG SAID 20180237443 CURVE TO THE LEFT, HAVING A RADIUS OF 3969.72 FEET, A LENGTH OF 186.29 FEET; THENCE CONTINUING ALONG SAID XXXXXXXX XXXX XX XXX 0X, XXXXX 00 DEGREES 37 MINUTES 35 SECONDS EAST, 101.07 FEET; THENCE CONTINUING ALONG SAID WESTERLY LINE, FROM A LOCAL TANGENT BEARING OF NORTH 08 DEGREES 36 MINUTES 18 SECONDS WEST, ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 4069.72 FEET, A LENGTH OF 200.40 FEET; THENCE CONTINUING ALONG SAID WESTERLY LINE, NORTH 89 DEGREES 38 MINUTES 42 SECONDS EAST, 13.02 FEET; THENCE FROM A LOCAL TANGENT BEARING OF SOUTH 11 DEGREES 22 MINUTES 44 SECONDS EAST, ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 4082.72 FEET, A LENGTH OF 386.66 FEET TO THE SOUTHERLY LINE OF SAID LOT 7A; THENCE ALONG SAID SOUTHERLY LINE, SOUTH 89 DEGREES 40 MINUTES 03 SECONDS WEST, 113.25 FEET TO THE POINT OF BEGINNING. PARCEL NO. 2: NONEXCLUSIVE EASEMENTS AND RIGHTS OF PEDESTRIAN AND VEHICULAR ACCESS OVER AND ACROSS PRIVATE ROADS AND STREETS, INCLUDING BUT NOT LIMITED TO FOUNTAINHEAD PARKWAY AND 55TH STREET, BY OR PURSUANT TO THAT CERTAIN “DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS FOR FOUNTAINHEAD CORPORATE PARK” RECORDED FEBRUARY 25, 2005, IN DOCUMENT NO. 20050232522, AND RE-RECORDED MARCH 9, 2005, IN DOCUMENT NO. 20050288447, OFFICIAL RECORDS OF MARICOPA COUNTY, ARIZONA, AS AMENDED IN A FIRST AMENDMENT RECORDED APRIL 1, 2009, IN DOCUMENT NO. 20090288536, AND IN A SECOND AMENDMENT RECORDED APRIL 13, 2010, IN DOCUMENT NO. 20100308375, OFFICIAL RECORDS OF MARICOPA COUNTY, ARIZONA. PARCEL NO. 3: A NONEXCLUSIVE EASEMENT FOR A WATER SYSTEM BY OR PURSUANT TO THAT CERTAIN “WATER DELIVERY AGREEMENT, COVENANTS RUNNING WITH THE LAND AND EASEMENTS” RECORDED DECEMBER 28, 2006, IN DOCUMENT NO. 20061691569, AND RE-RECORDED APRIL 19, 2007, IN DOCUMENT NO. 20070457533, OFFICIAL RECORDS OF MARICOPA COUNTY, ARIZONA, AS AMENDED IN A FIRST AMENDMENT RECORDED AUGUST 4, 2009, IN DOCUMENT NO. 20090719807 AND IN A SECOND AMENDMENT RECORDED DECEMBER 17, 2009, IN DOCUMENT NO. 20091154258, OFFICIAL RECORDS OF MARICOPA COUNTY, ARIZONA. 20180237443 APN: 123000-3300-056B NAI-1503489766v4000
Appears in 1 contract
Samples: Security Agreement (KBS Real Estate Investment Trust III, Inc.)
Xxxxxxxxx, Xx. who 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 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.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 /s/ X. Xxxxx (Seal) 20180237443 X. Xxxxx Book:22962 - Page:1290 EXHIBIT A Legal Description REAL PROPERTY IN THE CITY OF TEMPEXXXXXXX, COUNTY OF MARICOPAST. LOUIS, STATE OF ARIZONAMISSOURI, MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL NO. 1: XXX 0X XX XXXXXXXXXXXX XXX 0, X REPLAT A TRACT OF LAND BEING THE EAST 25 FEET OF LOT 5, ALL OF LOTS 6, 7, FOUNTAINHEAD CORPORATE PARK AMENDED8, 9, 10, 21, 22, 23, 24, 25 AND THE EAST 30 FEET OF LOT 26, ALL IN BLOCK 12 OF THE TOWN, NOW CITY OF CLAYTON, MISSOURI, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 11, NOW PAGE 7 OF SAID SUBDIVISION THE ST. LOUIS COUNTY RECORDS, AND A 20 FOOT WIDE VACATED EAST-WEST ALLEY, VACATED BY XXXX XX. 3322 AND ORDINANCE NO. 3223 OF THE CITY OF XXXXXXX, A CERTIFIED COPY OF WHICH IS RECORDED IN BOOK 864 OF MAPS6284, PAGE 8 2311 OF THE RECORDS OF MARICOPA ST. LOUIS COUNTY RECORDS, ALL IN TOWNSHIP 00 XXXXX, XXXXX 0 XXXX, XX. LOUIS COUNTY, ARIZONA; EXCEPT THAT PORTION THAT WAS CONVEYED IN INSTRUMENT RECORDED AS RECORDING NO. 2008-1071568 OF OFFICIAL RECORDS, MISSOURI AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWSAS: THAT PORTION BEGINNING AT THE SOUTHEAST CORNER OF XXX 0XSAID LOT 10, XXXXXXXXXXXX XXX 0 XXXXXXSAID POINT BEING ALSO A POINT IN THE NORTH LINE OF FORSYTH BOULEVARD, XXXXXXXXX TO 80 FEET WIDE, AND IN THE WEST LINE OF A 20 FOOT WIDE VACATED NORTH-SOUTH ALLEY, VACATED BY BILL NO. 5630 AND ORDINANCE NO. 5512 OF THE CITY OF XXXXXXX, A CERTIFIED COPY OF WHICH IS RECORDED IN BOOK 864 OF MAPS13098, PAGE 8176 OF THE ST. LOUIS COUNTY RECORDS; THENCE WESTWARDLY ALONG SAID NORTH LINE OF FORSYTH BOULEVARD, RECORDS NORTH 83 DEGREES 32 MINUTES 30 SECONDS WEST 285.00 FEET TO THE SOUTHEAST CORNER OF MARICOPA COUNTYA 25 FOOT WIDE PUBLIC ALLEY CREATED BY DEED RECORDED IN BOOK 6283, ARIZONAPAGE 2538, LOCATED AND ACCEPTED FOR USE AND MAINTENANCE BY THE CITY OF XXXXXXX BY XXXX XX. 3321, ORDINANCE NO. 3222, A CERTIFIED COPY OF WHICH IS RECORDED IN BOOK 6283, PAGE 2537 OF THE ST. LOUIS COUNTY RECORDS; THENCE NORTHWARDLY ALONG THE EAST LINE OF SAID ALLEY AND ITS NORTHWARDLY PROLONGATION NORTH 06 DEGREES 30 MINUTES 00 SECONDS EAST 222.60 FEET TO A POINT IN THE ORIGINAL CENTERLINE OF THE ABOVE MENTIONED 20 FOOT WIDE VACATED EAST-WEST ALLEY; THENCE WESTWARDLY ALONG SAID CENTERLINE NORTH 83 DEGREES 33 MINUTES 15 SECONDS WEST 5.00 FEET TO A POINT; THENCE NORTH 06 DEGREES 30 MINUTES EAST 10.00 FEET TO A POINT IN THE SOUTH LINE OF AFORESAID LOT 26, SAID POINT BEING DISTANT 30 FEET WESTWARDLY ALONG SAID SOUTH LINE OF LOT 26 FROM THE SOUTHEAST CORNER THEREOF; THENCE NORTHWARDLY ALONG A LINE 30 FEET WEST OF AND PARALLEL TO THE EAST LINE OF LOT 26 NORTH 06 DEGREES 30 MINUTES EAST 212.60 FEET TO A POINT IN THE SOUTH LINE OF MARYLAND AVENUE, 80 FEET WIDE; THENCE EASTWARDLY ALONG SAID SOUTH LINE OF MARYLAND AVENUE SOUTH 83 DEGREES 34 MINUTES 00 SECONDS EAST 290.00 FEET TO THE NORTHEAST QUARTER (NE 1/4) CORNER OF SECTION 29AFORESAID LOT 21, SAID POINT BEING ALSO A POINT IN THE WEST LINE OF THE ABOVE MENTIONED 20 FOOT WIDE VACATED NORTH-SOUTH ALLEY; THENCE SOUTHWARDLY ALONG SAID WEST LINE AND BEING PARTIALLY ALONG THE Book:22962 - Page:1290 EAST LINE OF SAID LOT 21 AND AFORESAID LOT 10, SOUTH 06 DEGREES 30 MINUTES 00 SECONDS WEST 445.33 FEET TO THE POINT OF BEGINNING AND CONTAINING 128,014 SQUARE FEET OR 2.939 ACRES, ACCORDING TO A SURVEY BY XXXX, INC. PARCEL 2: A TRACT OF LAND BEING PART OF LOTS 11 THROUGH 20 INCLUSIVE IN BLOCK 12 OF THE TOWN, NOW CITY OF CLAYTON, MISSOURI, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 11, NOW PAGE 7, OF THE ST. LOUIS COUNTY RECORDS, IN TOWNSHIP 1 45 NORTH, RANGE 4 EAST0 XXXX, GILA AND SALT RIVER MERIDIAN, MARICOPA XX. LOUIS COUNTY, ARIZONA, MISSOURI AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWSAS: COMMENCING BEGINNING AT A 3/8” IRON BAR 1 FOOT BELOW GROUND TAGGED “RLS 42014” MARKING THE CENTER OF SAID SECTION 29, BEING SOUTH 89 DEGREES 40 MINUTES 03 SECONDS WEST, 2676.43 FEET FROM A CITY OF TEMPE (COT) BRASS CAP IN HAND HOLE LABELED GDAC 64022-1, MARKING THE EAST QUARTER SOUTHWEST CORNER OF SAID SECTION 29LOT 11, SAID POINT BEING IN THE NORTH LINE OF FORSYTH BOULEVARD, 80 FEET WIDE, AND IN THE EAST LINE OF A 20 FOOT WIDE VACATED NORTH-SOUTH ALLEY, VACATED BY BILL NO. 5630 AND ORDINANCE NO. 5512 OF THE CITY OF XXXXXXX, A CERTIFIED COPY OF WHICH IS RECORDED IN BOOK 13098, PAGE 176 OF THE ST. LOUIS COUNTY RECORDS; THENCE NORTHWARDLY ALONG SAID EAST LINE OF THE 20 FOOT WIDE VACATED NORTH-SOUTH ALLEY, BEING ALSO ALONG THE EAST-WEST MIDSECTION LINE OF SAID SECTION 29AFORESAID LOTS 11 THROUGH 20, NORTH 89 06 DEGREES 40 30 MINUTES 03 00 SECONDS EAST, 799.18 EAST 445.34 FEET TO THE EXISTING EASTERLY RIGHT NORTHWEST CORNER OF WAY SAID LOT 20, SAID POINT BEING ALSO A POINT IN THE SOUTH LINE OF INTERSTATE HIGHWAY 10 (PHOENIX - CASA GRANDE HIGHWAY)MARYLAND AVENUE, 80 FEET WIDE; THENCE EASTWARDLY ALONG SAID EXISTING EASTERLY RIGHT XX XXX XXXXSOUTH LINE OF MARYLAND AVENUE, XXXXX SOUTH 83 DEGREES 34 MINUTES 00 DEGREES 35 MINUTES 19 SECONDS EASTEAST 139.31 FEET TO A POINT IN THE WEST LINE OF XXXXXX ROAD, 201.01 FEETAS WIDENED BY INSTRUMENT RECORDED IN BOOK 4799 PAGE 235 OF THE ST. LOUIS COUNTY RECORDS; THENCE CONTINUING SOUTHWARDLY ALONG SAID EXISTING EASTERLY RIGHT WEST LINE OF WAY LINEXXXXXX ROAD, FROM A LOCAL TANGENT BEARING OF NORTH 01 DEGREES 00 MINUTES 23 SECONDS WEST THE FOLLOWING COURSES AND DISTANCES: ALONG A CURVE TO THE LEFT HAVING RIGHT WHOSE RADIUS POINT BEARS SOUTH 28 DEGREES 17 MINUTES 59 SECONDS WEST 69.50 FEET FROM THE LAST MENTIONED POINT, A RADIUS DISTANCE OF 3969.72 82.73 FEET, A LENGTH OF 354.65 FEET TO THE SOUTHWEST CORNER OF SAID XXX 0X XXX XXX XXXXX XX XXXXXXXXX; THENCE CONTINUING ALONG SAID EXISTING EASTERLY RIGHT OF WAY LINE ALSO BEING THE WESTERLY LINE OF SAID XXX 0X, XXXX X XXXXX XXXXXXX XXXXXXX XX XXXXX SOUTH 06 DEGREES 30 MINUTES 00 DEGREES 07 MINUTES 31 SECONDS WEST ALONG SAID 20180237443 CURVE TO THE LEFT, HAVING A RADIUS OF 3969.72 FEET, A LENGTH OF 186.29 FEET; THENCE CONTINUING ALONG SAID XXXXXXXX XXXX XX XXX 0X, XXXXX 00 DEGREES 37 MINUTES 35 SECONDS EAST, 101.07 FEET; THENCE CONTINUING ALONG SAID WESTERLY LINE, FROM A LOCAL TANGENT BEARING OF NORTH 08 DEGREES 36 MINUTES 18 SECONDS WEST, 331.37 FEET AND ALONG A CURVE TO THE LEFT, HAVING A RIGHT WHOSE RADIUS OF 4069.72 FEETPOINT BEARS NORTH 83 DEGREES 30 MINUTES 00 SECONDS WEST 54.50 FEET FROM THE LAST MENTIONED POINT, A LENGTH DISTANCE OF 200.40 FEET62.04 FEET TO A POINT IN THE AFORESAID NORTH LINE OF FORSYTH BOULEVARD, 80 FEET WIDE; THENCE CONTINUING WESTWARDLY ALONG SAID WESTERLY LINE, NORTH 89 LINE NORTH 83 DEGREES 38 32 MINUTES 42 30 SECONDS EAST, 13.02 FEET; THENCE FROM A LOCAL TANGENT BEARING OF SOUTH 11 DEGREES 22 MINUTES 44 SECONDS EAST, ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 4082.72 FEET, A LENGTH OF 386.66 FEET TO THE SOUTHERLY LINE OF SAID LOT 7A; THENCE ALONG SAID SOUTHERLY LINE, SOUTH 89 DEGREES 40 MINUTES 03 SECONDS WEST, 113.25 WEST 151.34 FEET TO THE POINT OF BEGINNINGBEGINNING AND CONTAINING 80,285 SQUARE FEET OR 1.843 ACRES, ACCORDING TO SURVEY BY XXXX, INC. PARCEL 3: A TRACT OF LAND BEING THE TWENTY FOOT WIDE VACATED NORTH-SOUTH ALLEY, VACATED BY XXXX XX. 5630 AND ORDINANCE NO. 25512 OF THE CITY OF XXXXXXX, A CERTIFIED COPY OF WHICH IS RECORDED IN BOOK 13098, PAGE 176 OF THE ST. LOUIS COUNTY RECORDS, IN BLOCK 12 OF THE TOWN, NOW CITY OF Book:22962 - Page:1290 CLAYTON, MISSOURI AS SHOWN ON THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 11, NOW PAGE 7, OF THE ST. LOUIS COUNTY RECORDS, IN TOWNSHIP 45 NORTH, RANGE 0 XXXX, XX. LOUIS COUNTY, MISSOURI, EXTENDING FROM FORSYTH BOULEVARD ON THE SOUTH TO MARYLAND AVENUE ON THE NORTH AND BEING MORE PARTICULARLY DESCRIBED AS: NONEXCLUSIVE EASEMENTS BEGINNING AT THE SOUTHEAST CORNER OF LOT 10 IN BLOCK 12 OF SAID TOWN, NOW CITY OF CLAYTON, MISSOURI, SAID POINT BEING ALSO A POINT IN THE NORTH LINE OF FORSYTH BOULEVARD, 80 FEET WIDE; THENCE NORTHWARDLY ALONG THE EAST LINE OF SAID LOT 10, ALONG THE EAST LINE OF THE VACATED 20 FOOT WIDE EAST-WEST ALLEY, VACATED BY BILL NO. 3322 AND RIGHTS ORDINANCE NO. 3223 OF THE CITY OF XXXXXXX, A CERTIFIED COPY OF WHICH IS RECORDED IN BOOK 6284, PAGE 2311 OF THE ST. LOUIS COUNTY RECORDS, AND ALONG THE EAST LINE OF LOT 21 OF SAID BLOCK 12, NORTH 06 DEGREES 30 MINUTES 00 SECONDS EAST 445.33 FEET TO A POINT IN THE SOUTH LINE OF MARYLAND AVENUE, 80 FEET WIDE; THENCE EASTWARDLY ALONG SAID SOUTH LINE SOUTH 83 DEGREES 34 MINUTES 0 SECONDS EAST 20.00 FEET TO THE NORTHWEST CORNER OF LOT 20 OF SAID BLOCK 12; THENCE SOUTHWARDLY ALONG THE WEST LINE OF LOTS 20, 19, 18, 17, 16, 15, 14, 13, 12 AND 11 OF SAID BLOCK 12, SOUTH 06 DEGREES 30 MINUTES 00 SECONDS WEST 445.34 FEET TO A POINT IN THE AFORESAID NORTH LINE OF FORSYTH BOULEVARD, 80 FEET WIDE; THENCE WESTWARDLY ALONG SAID NORTH LINE, NORTH 83 DEGREES 32 MINUTES 30 SECONDS WEST 20.00 FEET TO THE POINT OF BEGINNING AND CONTAINING 8.906 SQUARE FEET OR 0.204 ACRES, ACCORDING TO A SURVEY BY XXXX, INC. PARCEL 4: EXCLUSIVE PERMANENT EASEMENT OVER AND ACROSS UNDERGROUND ROADWAY FOR THE PURPOSE OF PEDESTRIAN AND VEHICULAR ACCESS OVER BETWEEN UNDERGROUND PARKING GARAGES, ACCORDING TO EASEMENT AGREEMENT RECORDED IN BOOK 11092, PAGE 201. FOR INFORMATIONAL PURPOSES ONLY: TAX ID NOS. 18K321096 AND ACROSS PRIVATE ROADS AND STREETS, INCLUDING BUT NOT LIMITED TO FOUNTAINHEAD PARKWAY AND 55TH STREET, BY OR PURSUANT TO THAT CERTAIN “DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS FOR FOUNTAINHEAD CORPORATE PARK” RECORDED FEBRUARY 25, 2005, IN DOCUMENT NO. 20050232522, AND RE-RECORDED MARCH 9, 2005, IN DOCUMENT NO. 20050288447, OFFICIAL RECORDS OF MARICOPA COUNTY, ARIZONA, AS AMENDED IN A FIRST AMENDMENT RECORDED APRIL 1, 2009, IN DOCUMENT NO. 20090288536, AND IN A SECOND AMENDMENT RECORDED APRIL 13, 2010, IN DOCUMENT NO. 20100308375, OFFICIAL RECORDS OF MARICOPA COUNTY, ARIZONA. PARCEL NO. 3: A NONEXCLUSIVE EASEMENT FOR A WATER SYSTEM BY OR PURSUANT TO THAT CERTAIN “WATER DELIVERY AGREEMENT, COVENANTS RUNNING WITH THE LAND AND EASEMENTS” RECORDED DECEMBER 28, 2006, IN DOCUMENT NO. 20061691569, AND RE-RECORDED APRIL 19, 2007, IN DOCUMENT NO. 20070457533, OFFICIAL RECORDS OF MARICOPA COUNTY, ARIZONA, AS AMENDED IN A FIRST AMENDMENT RECORDED AUGUST 4, 2009, IN DOCUMENT NO. 20090719807 AND IN A SECOND AMENDMENT RECORDED DECEMBER 17, 2009, IN DOCUMENT NO. 20091154258, OFFICIAL RECORDS OF MARICOPA COUNTY, ARIZONA. 20180237443 APN: 123-33-056B NAI-1503489766v418K321085 NAI-1503492337v3
Appears in 1 contract
Xxxxxxxxx, Xx. who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed aresubscribed to the within instrument and acknowledged to me that he/she/they executed the same in hisinhis/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(stheperson(s), or the entity upon behalf of which the person(s) 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 /s/ X. Xxxxx (Seal) 20180237443 SMRH:4854-6588-2272 [Signature Page to Third Modification (Short Form)] AGENT: U.S. BANK NATIONAL ASSOCIATION, a national banking association, By: /s/Xxxxxxxxxxx Xxxxxx Name: Xxxxxxxxxxx Xxxxxx Title: SVP SMRH:4854-6588-2272 [Signature Page to Third Modification (Short Form)] ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of CaliforniaCounty of Orange) On February 5, 2024 before me, iilandia xxxxxxx xxxxxxxx, notary public (insert name and title of the officer)personally appeared Xxxxxxxxxxx Xxxxxx ,who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/aresubscribed to the within instrument and acknowledged to me that he/she/they executed the same inhis/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument theperson(s), or the entity upon behalf of which the person(s) 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 /s/ Iilandia Xxxxxxx Xxxxxxxx (Seal) SMRH:4854-6588-2272.3 Acknowledgment EXHIBIT A Legal Description REAL PROPERTY IN THE CITY OF TEMPELEGAL DESCRIPTION That certain real property located in the County of Salt Lake, COUNTY OF MARICOPA, STATE OF ARIZONA, MORE PARTICULARLY DESCRIBED AS FOLLOWSState of Utah and more particularly described as follows: PARCEL NO. 1: XXX 0X XX XXXXXXXXXXXX XXX 0, X REPLAT OF LOT 7, FOUNTAINHEAD CORPORATE PARK AMENDED, ACCORDING TO THE PLAT OF SAID SUBDIVISION RECORDED IN BOOK 864 OF MAPS, PAGE 8 OF THE RECORDS OF MARICOPA COUNTY, ARIZONA; EXCEPT THAT PORTION THAT WAS CONVEYED IN INSTRUMENT RECORDED AS RECORDING NO. 2008-1071568 OF OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: THAT PORTION OF XXX 0X, XXXXXXXXXXXX XXX 0 XXXXXX, XXXXXXXXX TO BOOK 864 OF MAPS, PAGE Beginning at the Northeast corner of Lot 8, RECORDS OF MARICOPA COUNTYBlock 98, ARIZONAPlat ''A'', LOCATED IN THE NORTHEAST QUARTER (NE 1/4) OF SECTION 29Salt Lake City Survey, TOWNSHIP 1 NORTHsaid point being South 00°00'59'' East 67.88 feet and South 89°58'53'' West 67.00 feet from a street monument found at the intersection of 400 West and 200 North, RANGE 4 EAST, GILA AND SALT RIVER MERIDIAN, MARICOPA COUNTY, ARIZONA, DESCRIBED AS FOLLOWS: COMMENCING AT A 3/8” IRON BAR 1 FOOT BELOW GROUND TAGGED “RLS 42014” MARKING THE CENTER OF SAID SECTION 29, BEING SOUTH 89 DEGREES 40 MINUTES 03 SECONDS WEST, 2676.43 FEET FROM A CITY OF TEMPE (COT) BRASS CAP IN HAND HOLE LABELED GDAC 64022-and running thence South 00°04'10'' West 660.00 feet along the West line of said 400 West and being the East line of Block 98 to the Southeast corner of Lot 1, MARKING THE EAST QUARTER CORNER OF SAID SECTION 29Block 98, Plat ''A'', Salt Lake City Survey; THENCE ALONG THE EAST-WEST MIDSECTION LINE OF SAID SECTION 29, NORTH 89 DEGREES 40 MINUTES 03 SECONDS EAST, 799.18 FEET TO THE EXISTING EASTERLY RIGHT OF WAY LINE OF INTERSTATE HIGHWAY 10 thence South 89°58'54'' West 165.00 feet along the North line of North Temple and being the South line of Block 98 to the Southwest corner of said Lot 1; thence North 00°04'10'' East 0.50 feet along the West line of said Lot 1; thence North 89°53'56'' West 110.23 feet; thence North 88°00'00'' West 4.57 feet; thence North 00°00'27'' West 483.92 feet; thence Northwesterly 69.60 feet along the arc of a 645.28 foot radius curve to the left (PHOENIX - CASA GRANDE HIGHWAYcenter bears South 89°59'33'' West and the long chord bears North 03°05'51'' West 69.57 feet with a central angle of 06°10'48''); THENCE ALONG SAID EXISTING EASTERLY RIGHT XX XXX XXXXthence North 06°11'15'' West 50.04 feet; thence Northwesterly 56.17 feet along the arc of 1098.72 foot radius curve to the right (center bears North 83°48'45'' East and the long chord bears North 04°43'23'' West 56.16 feet with a central angle of 02°55'45'') to the North line of said Block 98; thence North 89°58'53'' East (North 89°58'54'' East, XXXXX 00 DEGREES 35 MINUTES 19 SECONDS EASTDeed) 294.43 feet along the North line of said Block 98 and to and along the South line of 200 North Street to the point of beginning. (The foregoing being the boundary description of the 1-lot, 201.01 FEETSALT LAKE HARDWARE MINOR SUBDIVISION, according to that certain Notice of Amended Minor Subdivision Approval for Salt Lake Hardware Minor Subdivision recorded December 21, 2011 as Entry No. 11300852 in Book 9976 at Page 2542 of the official records of the Salt Lake County Recorder.) EXCEPTING THEREFROM all the minerals and all mineral rights as conveyed to Union Pacific Land Resources Corporation, a corporation of the State of Nebraska, in that certain Mineral Deed dated April 1, 1971 and recorded October 3, 1996 as Entry No. 6472020 in Book 7504 at Page 1156 of the official records. FURTHER EXCEPTING THEREFROM any portion thereof lying within the bounds of the following: A portion of Block 98, Plat ''A'', Salt Lake City Survey, lying and situate in the Southwest quarter of Section 36, Township 1 North, Range 1 West, Salt Lake Base and Meridian, Salt Lake City, Salt Lake County, Utah, being more particularly described as follows: Beginning at the Northeast corner of Lot 8, Block 98, Plat ''A'', Salt Lake City Survey said point being South 00°00'59'' East 67.88 feet and South 89°58'53'' West 67.00 feet from a street monument found at the intersection of 400 West and 200 North, and running thence South 00°04'10'' West 322.11 feet along the West line of said 400 West and being the East line of Block 98; THENCE CONTINUING ALONG SAID EXISTING EASTERLY RIGHT OF WAY LINEthence South 89°59'40'' West 599.47 feet to a point on the East line of property conveyed to the Utah Transit Authority by Warranty Deed recorded May 16, FROM 2006 as Entry No. 9725435 in Book 9294 at Page 9879 of the official records of the Salt Lake County Recorder; thence North 00°04'20'' West 321.97 feet along SMRH:4854-6588-2272.3 Exhibit A LOCAL TANGENT BEARING OF NORTH 01 DEGREES 00 MINUTES 23 SECONDS WEST ALONG said East line; thence North 89°58'53'' East 600.27 feet to the point of beginning. (now known as Hardware Village Phase 1) FURTHER EXCEPTING THEREFROM the following described parcel of land conveyed to Salt Lake City Corporation, a municipal corporation of the State of Utah, in that certain Quit Claim Deed recorded October 27, 2010 as Entry No. 11061707 in Book 9872 at Page 6349 of the official records of the Salt Lake County Recorder, to-wit: A CURVE TO THE LEFT HAVING A RADIUS OF 3969.72 FEETparcel of land in fee, A LENGTH OF 354.65 FEET TO THE SOUTHWEST CORNER OF SAID XXX 0X XXX XXX XXXXX XX XXXXXXXXXbeing part of two (2) entire tracts of property situate in Lots 2, 3 and 4, Block 98, Salt Lake City Survey, Plat ''A'', situate in the East half of the Southwest quarter of Section 36, Township 1 North, Range 1 West, Salt Lake Base and Meridian, State of Utah, incident to the construction of the ''Airport Light Rail Transit Project'', a Utah Transit Authority Project, known as ''ALRT'', and described as follows: Beginning at a Southwest corner of said entire tract, which point is 61.37 feet North 89°58'54'' East from the Southwest corner of said Block 98; THENCE CONTINUING ALONG SAID EXISTING EASTERLY RIGHT OF WAY LINE ALSO BEING THE WESTERLY LINE OF SAID XXX 0X, XXXX X XXXXX XXXXXXX XXXXXXX XX XXXXX 00 DEGREES 07 MINUTES 31 SECONDS WEST ALONG SAID 20180237443 CURVE TO THE LEFT, HAVING A RADIUS OF 3969.72 FEET, A LENGTH OF 186.29 FEETand running thence North 00°04'20'' West 15.25 feet along the Westerly boundary line of said entire tract; THENCE CONTINUING ALONG SAID XXXXXXXX XXXX XX XXX 0X, XXXXX 00 DEGREES 37 MINUTES 35 SECONDS EAST, 101.07 FEETthence East 32.04 feet; THENCE CONTINUING ALONG SAID WESTERLY LINE, FROM A LOCAL TANGENT BEARING OF NORTH 08 DEGREES 36 MINUTES 18 SECONDS WEST, ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 4069.72 FEET, A LENGTH OF 200.40 FEETthence South 00°01'46'' West 7.51 feet; THENCE CONTINUING ALONG SAID WESTERLY LINE, NORTH 89 DEGREES 38 MINUTES 42 SECONDS EAST, 13.02 FEETthence North 89°59'22'' East 93.01 feet; THENCE FROM A LOCAL TANGENT BEARING OF SOUTH 11 DEGREES 22 MINUTES 44 SECONDS EAST, ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 4082.72 FEET, A LENGTH OF 386.66 FEET TO THE SOUTHERLY LINE OF SAID LOT 7Athence South 88°00'00'' East 198.50 feet; THENCE ALONG SAID SOUTHERLY LINE, SOUTH 89 DEGREES 40 MINUTES 03 SECONDS WEST, 113.25 FEET TO THE POINT OF BEGINNINGthence South 89°53'56'' East 110.23 feet to the Easterly line of said Lot 2; thence South 00°04'10'' West 0.50 feet along said Easterly lot line to the Southerly boundary line of said entire tracts; thence South 89°58'54'' West 433.63 feet along said Southerly boundary line to the point of beginning. PARCEL NO. 2: NONEXCLUSIVE EASEMENTS AND RIGHTS OF PEDESTRIAN AND VEHICULAR ACCESS OVER AND ACROSS PRIVATE ROADS AND STREETSBeginning at a point on the East line of property conveyed to the Utah Transit Authority by Xxxxxxxx Xxxx recorded May 16, INCLUDING BUT NOT LIMITED TO FOUNTAINHEAD PARKWAY AND 55TH STREET2006 as Entry No. 9725435 in Book 9294 at Page 9879, BY OR PURSUANT TO THAT CERTAIN “DECLARATION OF COVENANTSof the official records of the Salt Lake County Recorder, CONDITIONSsaid point being North 89°58'54'' East 61.38 feet and North 00°04'20'' West 15.25 feet from the Southwest corner, RESTRICTIONS AND EASEMENTS FOR FOUNTAINHEAD CORPORATE PARK” RECORDED FEBRUARY 25Block 98, 2005Plat ''A'', IN DOCUMENT NOSalt Lake City Survey and running thence North 00°04'20'' West 644.75 feet along the East line of said Utah Transit Authority property to the North line of Block 98, Plat ''A'', Salt Lake City Survey; thence North 89°58'53'' East 305.83 feet along the North line of said Block 98; thence Southeasterly 56.17 feet along the arc of a 1,098.72 foot radius curve to the left (center bears North 86°44'30'' East and the chord bears South 04°43'23'' East 56.16 feet with a central angle of 02°55'45''); thence South 06°11'15'' East 50.04 feet; thence Southeasterly 69.60 feet along the arc of a 645.28 foot radius curve to the right (center bears South 83°48'45'' West and the chord bears South 03°05'51'' East 69.57 feet with a central angle of 06°10'48''); thence South 00°00'27'' East 483.92 feet to the North line of property conveyed to Salt Lake City Corporation by Quit Claim Deed recorded October 27, 2010 as Entry No. 2005023252211061707 in Book 9872 at Page 6349 of the official records of the Salt Lake County Recorder; thence North 88°00'00'' West 193.94 feet along the North line of said Salt Lake City Corporation property; thence South 89°59'22'' West 93.01 feet along the North line of said Salt Lake City Corporation property; thence North 00°01'46'' East 7.51 feet along the North line of said Salt Lake City Corporation property; thence West 32.04 feet along the North line of said Salt Lake City Corporation property to the point of beginning. EXCEPTING THEREFROM the following described parcel of land conveyed to the Utah Transit Authority in that certain Special Warranty Deed recorded September 28, AND RE2012 as Entry No. SMRH:4854-RECORDED MARCH 96588-2272.3 Exhibit A 11481044 in Book 10060 at Page 9632 of the official records of the Salt Lake County Recorder, 2005to-wit: A parcel of land in fee, IN DOCUMENT NObeing part of an entire tract of property situate in Lot 3, Block 98, Salt Lake City Survey, Plat ''A'', situate in the East half of the Southwest quarter of Section 36, Township 1 North, Range 1 West, Salt Lake Base and Meridian, State of Utah, described as follows: Beginning at a point on the Southerly boundary line of said entire tract, said point being 190.33 feet North 89°58'54'' East and 7.59 feet North from the Southwest corner of said Block 98; and running thence North 60°00'00'' East 11.63 feet; thence East 19.42 feet; thence South 60°00'00'' East 14.57 feet to the said Southerly boundary line; thence North 88°00'00'' West 42.14 feet along said Southerly boundary line to the point of beginning. 20050288447FURTHER EXCEPTING THEREFROM all the minerals and mineral rights reserved by Union Pacific Railroad Company, OFFICIAL RECORDS OF MARICOPA COUNTYa Delaware corporation, ARIZONAin that certain Special Warranty Deed recorded December 24, AS AMENDED IN 1998 as Entry No. 7202238 in Book 8208 at Page 2578 of the official records of the Salt Lake County Recorder, wherein Gateway Associates, Ltd., a Utah limited partnership, is the Grantee. ALSO FURTHER EXCEPTING THEREFROM any portion thereof lying within the bounds of the following: A FIRST AMENDMENT RECORDED APRIL portion of Block 98, Plat ''A'', Salt Lake City Survey, lying and situate in the Southwest quarter of Section 36, Township 1 North, Range 1 West, Salt Lake Base and Meridian, Salt Lake City, Salt Lake County, Utah, being more particularly described as follows: Beginning at the Northeast corner of Lot 8, Block 98, Plat ''A'', Salt Lake City Survey, said point being South 00°00'59'' East 67.88 feet and South 89°58'53'' West 67.00 feet from a street monument found at the intersection of 400 West and 200 North, and running thence South 00°04'10'' West 322.11 feet along the West line of said 400 West and being the East line of Block 98; thence South 89°59'40'' West 599.47 feet to a point on the East line of property conveyed to the Utah Transit Authority by Warranty Deed recorded May 16, 2006 as Entry No. 9725435 in Book 9294 at Page 9879, of the official records of the Salt Lake County Recorder; thence North 00°04'20'' West 321.97 feet along said East line; thence North 89°58'53'' East 600.27 feet to the point of beginning. (now known as Hardware Village Phase 1, 2009, IN DOCUMENT NO. 20090288536, AND IN A SECOND AMENDMENT RECORDED APRIL 13, 2010, IN DOCUMENT NO. 20100308375, OFFICIAL RECORDS OF MARICOPA COUNTY, ARIZONA. ) PARCEL NO. 3: A NONEXCLUSIVE EASEMENT FOR non-exclusive easement, appurtenant to Parcels 1 and 2 described herein, solely for the purposes of (a) the construction, repair and maintenance of a roadway and related improvements for vehicular and pedestrian ingress and egress, and (b) ingress, egress and access by vehicles and pedestrians to and from said Parcels 1 and 2, as defined, described and created pursuant to that certain Declaration and Grant of Access Easement recorded May 9, 2012 as Entry No. 11387974 in Book 10016 at Page 1021 of the official records of the Salt Lake County Recorder, on, over and across the following described property, to-wit: Commencing at the Southwest corner of Block 101, Plat ''A'', Salt Lake City Survey; thence running East along the North line of 200 North Street 402.5 feet; thence South 34°51'23'' East 161.85 feet to a point on the South line of 200 North Street, said point being 165 feet West of the Northeast corner SMRH:4854-6588-2272.3 Exhibit A WATER SYSTEM BY OR PURSUANT TO THAT CERTAIN “WATER DELIVERY AGREEMENTof Block 98, COVENANTS RUNNING WITH THE LAND AND EASEMENTS” RECORDED DECEMBER 28Plat ''A'', 2006Salt Lake City Survey; thence West along the South line of 200 North Street 495 feet to the Northwest corner of said Block 98; thence North 131.86 feet, IN DOCUMENT NOmore or less, to the point of beginning. 20061691569EXCEPTING from said Parcel 3 any portion thereof lying West of the Easterly line of the following described parcel of land conveyed to the Utah Transit Authority in that certain Warranty Deed recorded May 16, AND RE2006 as Entry No. 9725432 in Book 9294 at Page 9873 of the official records of the Salt Lake County Recorder, to-RECORDED APRIL 19wit: A parcel of land in fee for the ''Weber County to Salt Lake Commuter Rail'', 2007a Utah Transit Authority Project, IN DOCUMENT NOand described as follows: Beginning at the Northwest corner of Block 98, Plat A, Salt Lake City Survey; thence North 00°06'33'' West 131.92 feet to the Southwest corner of Block 101, Plat A, Salt Lake City Survey; thence North 89°54'48'' East 59.82 feet along the South line of said Block 101; thence South 00°00'53'' East 132.00 feet to the North line of said Block 98; thence South 89°59'33'' West 59.60 feet along said North line to the point of beginning. 20070457533ALSO FURTHER EXCEPTING XXXXXXXXX said Parcel 3 all the minerals and mineral rights reserved by Union Pacific Railroad Company, OFFICIAL RECORDS OF MARICOPA COUNTYa Delaware corporation, ARIZONAin that certain Special Warranty Deed recorded December 24, AS AMENDED IN A FIRST AMENDMENT RECORDED AUGUST 41998 as Entry No. 7202238 in Book 8208 at Page 2578 of the official records of the Salt Lake County Recorder, 2009wherein Gateway Associates, IN DOCUMENT NOLtd., a Utah limited partnership, is the Grantee. 20090719807 AND IN A SECOND AMENDMENT RECORDED DECEMBER 17, 2009, IN DOCUMENT NO. 20091154258, OFFICIAL RECORDS OF MARICOPA COUNTY, ARIZONA. 20180237443 APN: 12300-3300-056B NAI-1503489766v4000-000; 00-00-000-000
Appears in 1 contract
Samples: Additional Advance and Third Modification Agreement (KBS Real Estate Investment Trust III, Inc.)
