FIRST AMENDMENT TO MASTER LEASE AND SECURITY AGREEMENT
Exhibit 10.78.10
Execution Version
FIRST AMENDMENT TO MASTER LEASE AND SECURITY AGREEMENT
THIS FIRST AMENDMENT TO MASTER LEASE AND SECURITY AGREEMENT (this “Amendment”) is made as of December 4, 2012 (the “Effective Date”), by and between HCPI Trust, a Maryland real estate investment trust, HCP Senior Housing Properties Trust, a Delaware statutory trust, HCP SH ELP1 Properties, LLC, a Delaware limited liability company, HCP SH ELP2 Properties, LLC, a Delaware limited liability company, HCP SH ELP3 Properties, LLC, a Delaware limited liability company, HCP XX Xxxxxx House, LLC, a Delaware limited liability company, HCP SH Mountain Laurel, LLC, a Delaware limited liability company, HCP SH Mountain View, LLC, a Delaware limited liability company, HCP SH Oakridge, LLC, a Delaware limited liability company, HCP SH River Valley Landing, LLC, a Delaware limited liability company, and HCP XX Xxxxxxxx Landing, LLC, a Delaware limited liability company (as their interests may appear, “Lessor”), and Emeritus Corporation, a Washington corporation (“Lessee”).
RECITALS
WHEREAS, Lessor and Lessee entered into that certain Master Lease and Security Agreement dated as of October 31, 2012 (the “Original Lease” and, as amended by this Amendment, the “Lease”), with respect to the Leased Property (as defined in the Original Lease). All capitalized terms used and not defined in this Amendment shall have the meanings assigned to them in the Original Lease;
WHEREAS, the Original Lease provides (in the definition of “Allocated Initial Investment” in Section 2.1 thereof) that Lessor and Lessee will amend the Original Lease to reflect any agreed-upon revisions of the Allocated Initial Investments for any Facilities (as set forth in Exhibit X-0, Xxxxxxx X-0 and/or Exhibit A-3 of the Original Lease), and Lessor and Lessee have agreed upon revisions of the Allocated Initial Investments for certain Facilities;
WHEREAS, the Original Lease provides (in Section 45.1.20.3 thereof) that Lessor and Lessee may amend the Original Lease to reflect the acquisition by Lessor of the fee or leasehold interest in any additional facilities pursuant to the Purchase Agreement, and Lessor has acquired as of the date hereof the fee interest in one of such facilities, i.e., the facility described as a “Pool 2 Potential Facility” in Exhibit A-2 of the Original Lease and commonly known as Xxxxxxx Estates (the “Xxxxxxx Estates Property”);
WHEREAS, the Original Lease provides (in Section 45.1.20.5 thereof) that Lessor and Lessee will amend the Original Lease to reflect any agreed-upon revisions of the legal descriptions for any Facilities (as set forth in Exhibit X-0, Xxxxxxx X-0 and/or Exhibit A-3 of the Original Lease), and Lessor and Lessee have agreed upon revisions of the legal descriptions for certain Facilities; and
WHEREAS, Lessor and Lessee desire to amend the Original Lease (among other things) in order to effectuate the foregoing matters, all as more particularly set forth herein.
AMENDMENT
NOW THEREFORE, in consideration of the foregoing and the terms, covenants and conditions contained in this Amendment, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by each party hereto, the parties hereby agree as follows:
1. Amendments.
(a) Exhibit X-0, Xxxxxxx X-0 and Exhibit A-3 of the Original Lease are hereby replaced in their entirety by Exhibit X-0, Xxxxxxx X-0 and Exhibit A-3, respectively, attached hereto and by this reference made a part hereof.
(b) For avoidance of doubt, the Xxxxxxx Estates Property is hereby deemed to be a “Facility” and a “Pool 2 Facility”, and included in the “Leased Property”, for all purposes of the Lease, effective as of the date hereof.
(c) Notwithstanding any provisions of Section 3.1 of the Original Lease to the contrary, the Minimum Rent allocable or attributable to the Xxxxxxx Estates Property (i) shall be payable for the period commencing on the date hereof and continuing through the Term, (ii) shall be pro rated for the period commencing on the date hereof and ending on December 31, 2012, and (iii) shall be payable for the period described in clause (ii) above on the date hereof.
(d) The definition of the term “Annual Minimum Capital Project Amount” set forth in Section 2.1 of the Original Lease is hereby amended to add “and the Other Purchase Agreement Facilities” after “all of the Facilities” in each of the first and second sentences of such definition.
(e) The definition of the term “Non-Stable Facility” set forth in Section 2.1 of the Original Lease is hereby amended and restated in its entirety to read as follows:
Non-Stable Facility: Any Facility described as “Non-Stable” on Exhibit X-0, Xxxxxxx X-0 or Exhibit A-3, as applicable, under the heading “Stable/Non-Stable”.
2. Representations and Warranties of Lessee. As of the date hereof, Lessee represents and warrants to Lessor as follows:
(a) Lessee is duly organized and validly existing under the laws of its state of organization/formation, is qualified to do business and in good standing in the State and has full power, authority and legal right to execute and deliver this Amendment and to perform and observe the provisions of this Amendment to be observed and/or performed by Lessee.
(b) This Amendment has been duly authorized, executed and delivered by Lessee, and constitutes and will constitute the valid and binding obligations of Lessee enforceable against Lessee in accordance with its terms, except as such enforceability may be limited by bankruptcy, insolvency and creditors rights, laws and general principles of equity.
(c) Lessee is solvent, has timely and accurately filed all tax returns and extensions required to be filed by Lessee, and is not in default in the payment of any material taxes levied or assessed against Lessee or any of its material assets, and is not subject to any judgment, order, decree, rule or regulation of any Governmental Authority having jurisdiction over the Leased Property or Lessee which would, in the aggregate, materially and adversely affect Lessee’s condition, financial or otherwise, or Lessee’s prospects or the Leased Property.
(d) Except for the Required Governmental Approvals to use and operate each Facility for its Primary Intended Use, no other material consent, approval or other authorization of, or registration, declaration or filing with, any Governmental Authority is required for the due execution and delivery of this Amendment, or for the performance by or the validity or enforceability of this Amendment against Lessee.
(e) Subject to Lessee’s receipt of the Required Governmental Approvals, the execution and delivery of this Amendment and compliance with the provisions hereof will not result in (i) a material breach or violation of (A) any Legal Requirement applicable to Lessee or any Facility now in effect; (B) the organizational or charter documents of Lessee; (C) any judgment, order or decree of any Governmental Authority binding upon Lessee; or (D) any agreement or instrument to which Lessee is a counterparty or by which it is bound; or (ii) the acceleration of any material obligation of Lessee.
(f) As of the date hereof, all Required Governmental Approvals with respect to the Xxxxxxx Estates Property have been obtained by Lessee.
(g) Lessee is in compliance with the requirements of the Orders. Neither Lessee nor any Lessee Party (A) is listed on the Specially Designated Nationals and Blocked Person List maintained by OFAC pursuant to the Order and/or on any other Lists; (B) is a Person (as defined in the Order) who has been determined by competent authority to be subject to the prohibitions contained in the Orders; or (C) is owned or controlled by (including without limitation by virtue of such Person being a director or owning direct voting shares or interests), or acts for or on behalf of, any person on the Lists or any other person who has been determined by competent authority to be subject to the prohibitions contained in the Orders.
3. Representations and Warranties of Lessor. As of the date hereof, Lessor represents and warrants to Lessee as follows:
(a) Lessor is duly organized, validly existing and in good standing under the laws of its state of organization/formation, is qualified to do business and in good standing in the State (to the extent Lessor is required to be so by applicable Legal Requirements) and has full power, authority and legal right to execute and deliver this Amendment and to perform and observe the provisions of this Amendment to be observed and/or performed by Lessor.
(b) This Amendment has been duly authorized, executed and delivered by Lessor, and constitutes and will constitute the valid and binding obligations of Lessor enforceable against Lessor in accordance with its terms, except as such enforceability may be limited by bankruptcy, insolvency and creditors rights, laws and general principles of equity.
(c) Lessor is solvent, has timely and accurately filed all tax returns and extensions required to be filed by Lessor, and is not in default in the payment of any material taxes levied or assessed against Lessor or any of its material assets, and is not subject to any judgment, order, decree, rule or regulation of any Governmental Authority having jurisdiction over the Leased Property or Lessor which would, in the aggregate, otherwise materially and adversely affect Lessor’s condition, financial or otherwise, or Lessor’s prospects or the Leased Property.
(d) No material consent, approval or other authorization of, or registration, declaration or filing with, any Governmental Authority is required for the due execution and delivery of this Amendment, or for the performance by or the validity or enforceability of this Amendment against Lessor.
(e) The execution and delivery of this Amendment and compliance with the provisions hereof will not result in (i) a material breach or violation of (A) any Legal Requirements applicable to Lessor now in effect; (B) the organizational or charter documents of Lessor; (C) any judgment, order or decree of any Governmental Authority binding upon Lessor; or (D) any material agreement or instrument to which Lessor is a counterparty or by which it is bound; or (ii) the acceleration of any material obligation of Lessor.
(f) Lessor is in compliance with the requirements of the Orders. Neither Lessor nor any of its Affiliates (A) is listed on the Specially Designated Nationals and Blocked Person List maintained by OFAC pursuant to the Order and/or on any other Lists; (B) is a Person (as defined in the Order) who has been determined by competent authority to be subject to the prohibitions contained in the Orders; or (C) is owned or controlled by (including without limitation by virtue of such Person being a director or owning voting shares or interests), or acts for or on behalf of, any person on the Lists or any other person who has been determined by competent authority to be subject to the prohibitions contained in the Orders.
4. Miscellaneous.
(a) Ratification and Confirmation of Lease. This Amendment shall be deemed incorporated into the Original Lease and shall be construed and interpreted as though fully set forth therein. As amended by this Amendment, the terms and provisions of the Lease are hereby ratified and confirmed in all respects.
(b) Reaffirmation of Lease and Treatment Thereof. Lessor and Lessee hereby acknowledge, agree and reaffirm that (i) except as otherwise expressly provided in the Lease (as hereby amended) to the contrary and for the limited purposes so provided, the Lease (as hereby amended) is and the parties intend the same for all purposes to be treated as a single, integrated and indivisible agreement and economic unit, and (ii) except as otherwise required by Legal Requirements or any accounting rules or regulations, the Lease (as hereby amended) shall be treated as an operating lease for all purposes and not as a synthetic lease, financing lease or loan, and Lessor shall be entitled to all the benefits of ownership of the Leased Property (including the Xxxxxxx Estates Property), including depreciation for all federal, state and local tax purposes.
(c) Conflicts. In the event of any conflict between the provisions of this Amendment and those of the Original Lease, the provisions of this Amendment shall control.
(d) Counterparts; Electronically Submitted Signatures. This Amendment may be executed in any number of counterparts, each of which shall be a valid and binding original, but all of which together shall constitute one and the same instrument. Signatures transmitted via facsimile or other electronic means (including emailed pdf files) may be used in place of original signatures on this Amendment, and Lessor and Lessee both intend to be bound by such signatures transmitted via facsimile or other electronic means.
(e) Severability. If any term or provision of this Amendment or any application thereof shall be held invalid or unenforceable, the remainder of this Amendment and any other application of such term or provision shall not be affected thereby.
[Signature Pages Follow]
IN WITNESS WHEREOF, the parties have caused this Amendment to be executed and attested by their respective officers thereunto duly authorized.
LESSEE:
EMERITUS CORPORATION, a Washington corporation
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By:
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/s/ Xxxx Xxxxxxxxxx
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Name:
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Xxxx Xxxxxxxxxx
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Title:
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SVP Corporate Development
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[Signature pages continue on next page]
LESSOR:
HCPI TRUST, a Maryland real estate investment trust,
HCP SH ELP1 PROPERTIES, LLC, a Delaware limited liability company,
HCP SH ELP2 PROPERTIES, LLC, a Delaware limited liability company,
HCP SH ELP3 PROPERTIES, LLC, a Delaware limited liability company,
HCP XX XXXXXX HOUSE, LLC, a Delaware limited liability company,
HCP SH MOUNTAIN LAUREL, LLC, a Delaware limited liability company,
HCP SH MOUNTAIN VIEW, LLC, a Delaware limited liability company,
HCP SH OAKRIDGE, LLC, a Delaware limited liability company,
HCP SH RIVER VALLEY LANDING, LLC, a Delaware limited liability company, and
HCP XX XXXXXXXX LANDING, LLC, a Delaware limited liability company
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By:
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/s/ Xxxxxxx X. Xxxxx
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Name: Xxxxxxx X. Xxxxx
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Title: Executive Vice President
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HCP SENIOR HOUSING PROPERTIES TRUST, a Delaware statutory trust
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By: HCP Senior Housing Properties, LLC, its Managing Trustee
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By:
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/s/ Xxxxxxx X. Xxxxx
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Name: Xxxxxxx X. Xxxxx
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Title: Executive Vice President
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Signature Page to First Amendment to Master Lease and Security Agreement
EXHIBIT A-1
(List of Pool 1 Facilities, Facility Description and Primary Intended Use, Fixed and Extended Terms, and Initial Annual Allocated Minimum Rent and Allocated Initial Investment)
[See attached.]
Exhibit A-1
EXHIBIT A-1
(List of Pool 1 Facilities, Facility Description and Primary Intended Use, Fixed and Extended Terms, and Initial Annual Allocated Minimum Rent and Allocated Initial Investment)
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Stable
|
Lease Term
|
Initial Annual
Allocated
Minimum
|
Allocated
Initial
|
||||||||||||||||||||||||
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ID#
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Facility
Name
|
Address
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City
|
State
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Lessor
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Total
Units
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/ Non-
Stable
|
Primary Intended Use
|
Initial*
|
1st
Extension
|
2nd
Extension
|
Rent (in
$MM)
|
Investment
(in $MM)
|
||||||||||||||
|
Lease Pool 1 Facilities
|
|||||||||||||||||||||||||||
| 000 |
Xxxxxx Xxxxxxx
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000 Xxxxxx Xx
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Xxxxxx
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XX
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HCP SH ELP1 Properties, LLC
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80 | [ | ***] |
80-unit assisted living care and such other uses necessary or incidental to such use
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16 Years
|
10 Years
|
7 Years
|
[ | ***] | [ | ***] | |||||||||||
| 602 |
Briarwood
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0000 Xxxx Xx
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Xxxxxxxxxxx
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XX
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HCP SH ELP1 Properties, LLC
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126 | [ | ***] |
4-unit cottage, 122-unit assisted living care and such other uses necessary or incidental to such use
|
16 Years
|
10 Years
|
8 Years and 11 Months
|
[ | ***] | [ | ***] | |||||||||||
| 000 |
Xxxxxxxxxx Xxxxxxx
|
0000 Xxxxxxxxxx Xx
|
Xxxxxxxxxxx
|
XX
|
HCP SH ELP1 Properties, LLC
|
46 | [ | ***] |
46-unit Alzheimer’s care and such other uses necessary or incidental to such use
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16 Years
|
10 Years
|
7 Years
|
[ | ***] | [ | ***] | |||||||||||
| 614 |
Xxxxxxxx Place
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000 Xxxxxxxx Xx
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Xxxx Xxxx
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XX
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HCP Senior Housing Properties Trust
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120 | [ | ***] |
120-unit independent living and such other uses necessary or incidental to such use
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16 Years
|
10 Years
|
7 Years
|
[ | ***] | [ | ***] | |||||||||||
| 000 |
Xxxxxxxxxx Xxxxx
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0000 X 00xx Xxx
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Xxxxxx
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XX
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HCP SH ELP3 Properties, LLC
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14 | [ | ***] |
14-unit Alzheimer’s care and such other uses necessary or incidental to such use
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16 Years
|
10 Years
|
7 Years
|
[ | ***] | [ | ***] | |||||||||||
| 648 |
Chesterley Xxxxxxx
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0000 X 00xx Xxx
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Xxxxxx
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XX
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HCP SH ELP1 Properties, LLC
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70 | [ | ***] |
70-unit assisted living care and such other uses necessary or incidental to such use
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16 Years
|
10 Years
|
8 Years and 11 Months
|
[ | ***] | [ | ***] | |||||||||||
| 598 |
Cougar Springs
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0000 XX Xxxxxx Xx
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Xxxxxxx
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XX
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HCP SH ELP1 Properties, LLC
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88 | [ | ***] |
2-unit cottage, 62-unit assisted living care, 24-unit Alzheimer’s care and such other uses necessary or incidental to such use
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16 Years
|
10 Years
|
8 Years and 11 Months
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[ | ***] | [ | ***] | |||||||||||
| 000 |
Xxxxxxxxx Xxxxxxx
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0000 Xxxxx Xxxxxx Xx
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Xxxxxxxxxxxxx
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XX
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HCP SH ELP1 Properties, LLC
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48 | [ | ***] |
36-unit assisted living care, 12-unit Alzheimer’s care and such other uses necessary or incidental to such use
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16 Years
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10 Years
|
7 Years
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[ | ***] | [ | ***] | |||||||||||
| 624 |
Eden Estates
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0000 Xxxxxx Xxxxx Xx
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Xxxxxxx
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XX
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HCP SH ELP1 Properties, LLC
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126 | [ | ***] |
63-unit independent living, 63-unit assisted living care and such other uses necessary or incidental to such use
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16 Years
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10 Years
|
7 Years
|
[ | ***] | [ | ***] | |||||||||||
| 635 |
Emerald Pointe
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000 X Xxxxxxx Xx
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Xxxxx Xxxx
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XX
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HCP SH ELP1 Properties, LLC
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55 | [ | ***] |
42-unit assisted living care, 13-unit Alzheimer’s care and such other uses necessary or incidental to such use
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16 Years
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10 Years
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7 Years
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[ | ***] | [ | ***] | |||||||||||
* Initial Term shall commence on October 31, 2012 and expire on September 30, 2028.
Portions of this exhibit that have been marked by [***] have been omitted pursuant to a request for confidential treatment and filed separately with the Securities and Exchange Commission.
EXHIBIT A-1
(List of Pool 1 Facilities, Facility Description and Primary Intended Use, Fixed and Extended Terms, and Initial Annual Allocated Minimum Rent and Allocated Initial Investment)
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Stable
|
Lease Term
|
Initial Annual
Allocated
Minimum
|
Allocated
Initial
|
||||||||||||||||||||||||
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ID#
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Facility
Name
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Address
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City
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State
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Lessor
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Total
Units
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/ Non-
Stable
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Primary Intended Use
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Initial*
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1st
Extension
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2nd
Extension
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Rent (in
$MM)
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Investment
(in $MM)
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||||||||||||||
| 645 |
Fishers Landing
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00000 Xxxxxxxxx 00xx Xx
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Xxxxxxxxx
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XX
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HCP SH ELP1 Properties, LLC
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75 | [ | ***] |
75-unit assisted living care and such other uses necessary or incidental to such use
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16 Years
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10 Years
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7 Years
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[ | ***] | [ | ***] | |||||||||||
| 650 |
Fox River
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0000 Xxxxxxxxxxxx Xxx
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Xxxxxxxx
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XX
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HCP SH ELP1 Properties, LLC
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80 | [ | ***] |
62-unit assisted living care, 18-unit Alzheimer’s care and such other uses necessary or incidental to such use
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16 Years
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10 Years
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7 Years
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[ | ***] | [ | ***] | |||||||||||
| 544 |
Georgian Place
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000 Xxxxxxx Xxxxxx Xxxxxxxxxx Xxxx
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Xxxxxx
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XX
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HCP SH ELP1 Properties, LLC
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54 | [ | ***] |
32-unit independent living, 22-unit assisted living care and such other uses necessary or incidental to such use
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16 Years
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10 Years
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7 Years
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[ | ***] | [ | ***] | |||||||||||
| 608 |
Xxxxxxx View Selinsgrove
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00 Xxxxxxx Xxxx Xx
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Xxxxxxxxxxx
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XX
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HCPI Trust
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81 | [ | ***] |
73-unit assisted living care, 8-unit Alzheimer’s care and such other uses necessary or incidental to such use
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16 Years
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10 Years
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3 Years and 11 Months
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[ | ***] | [ | ***] | |||||||||||
| 610 |
Hawthorne Inn at Greenville
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00 Xxxxxxxxx Xxxx Xx
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Xxxxxxxxxx
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XX
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HCP Senior Housing Properties Trust
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52 | [ | ***] |
39-unit assisted living care, 13-unit Alzheimer’s care and such other uses necessary or incidental to such use
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16 Years
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10 Years
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7 Years
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[ | ***] | [ | ***] | |||||||||||
| 579 |
Heritage Place
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0000 X Xxxxxxxx Xx
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Xxxxxxxxx
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XX
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HCP SH ELP1 Properties, LLC
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39 | [ | ***] |
39-unit assisted living care and such other uses necessary or incidental to such use
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16 Years
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10 Years
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7 Years
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[ | ***] | [ | ***] | |||||||||||
| 604 |
Lakeside
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2201 N 3rd Ave
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Stayton
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OR
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HCP SH ELP1 Properties, LLC
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62 | [ | ***] |
62-unit assisted living care and such other uses necessary or incidental to such use
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16 Years
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10 Years
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7 Years
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[ | ***] | [ | ***] | |||||||||||
| 605 |
Lakeside Cottages
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0000 X 0xx Xxx
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Xxxxxxx
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XX
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HCP SH ELP1 Properties, LLC
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12 | [ | ***] |
12-unit cottage and such other uses necessary or incidental to such use
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16 Years
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10 Years
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7 Years
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[ | ***] | [ | ***] | |||||||||||
| 618 |
Legacy Crossing
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000 Xxxxxxxxxxxx Xx
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Xxxxxxxx
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XX
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HCP SH ELP1 Properties, LLC
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124 | [ | ***] |
124-unit independent living and such other uses necessary or incidental to such use
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16 Years
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10 Years
|
7 Years
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[ | ***] | [ | ***] | |||||||||||
| 616 |
Lexington Gardens
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000 XxXxxxx Xx
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Xxxx Xxxxxxxx
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XX
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HCP Senior Housing Properties Trust
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72 | [ | ***] |
72-unit assisted living care and such other uses necessary or incidental to such use
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16 Years
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10 Years
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7 Years
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[ | ***] | [ | ***] | |||||||||||
* Initial Term shall commence on October 31, 2012 and expire on September 30, 2028.
Portions of this exhibit that have been marked by [***] have been omitted pursuant to a request for confidential treatment and filed separately with the Securities and Exchange Commission.
EXHIBIT A-1
(List of Pool 1 Facilities, Facility Description and Primary Intended Use, Fixed and Extended Terms, and Initial Annual Allocated Minimum Rent and Allocated Initial Investment)
|
Stable
|
Lease Term
|
Initial Annual
Allocated
Minimum
|
Allocated
Initial
|
||||||||||||||||||||||||
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ID#
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Facility
Name
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Address
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City
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State
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Lessor
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Total
Units
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/ Non-
Stable
|
Primary Intended Use
|
Initial*
|
1st
Extension
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2nd
Extension
|
Rent (in
$MM)
|
Investment
(in $MM)
|
||||||||||||||
| 000 |
Xxxxxxxxxx Xxxxx
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2333 Manchester Dr
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Oklahoma City
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OK
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HCP SH ELP3 Properties, LLC
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52 | [ | ***] |
33-unit assisted living care, 19-unit Alzheimer’s care and such other uses necessary or incidental to such use
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16 Years
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10 Years
|
7 Years
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[ | ***] | [ | ***] | |||||||||||
| 599 |
Manor House
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3400 NW Edenbower Blvd
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Roseburg
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OR
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HCP SH ELP3 Properties, LLC
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56 | [ | ***] |
56-unit Alzheimer’s care and such other uses necessary or incidental to such use
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16 Years
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10 Years
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7 Years
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[ | ***] | [ | ***] | |||||||||||
| 529 |
Meadowlark
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000 Xxxxx Xx
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Xxxxx
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XX
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HCP SH ELP1 Properties, LLC
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72 | [ | ***] |
58-unit assisted living care, 14-unit Alzheimer’s care and such other uses necessary or incidental to such use
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16 Years
|
10 Years
|
7 Years
|
[ | ***] | [ | ***] | |||||||||||
| 637 |
Monroe House
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00000 Xxxxx Xxxx Xxx
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Xxxxxxxx
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XX
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HCP SH ELP3 Properties, LLC
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70 | [ | ***] |
70-unit assisted living care and such other uses necessary or incidental to such use
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16 Years
|
10 Years
|
7 Years
|
[ | ***] | [ | ***] | |||||||||||
| 560 |
Northridge
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5410 17th Ave
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Kearney
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NE
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HCP SH ELP3 Properties, LLC
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113 | [ | ***] |
73-unit independent living, 40-unit assisted living care and such other uses necessary or incidental to such use
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16 Years
|
10 Years
|
7 Years
|
[ | ***] | [ | ***] | |||||||||||
| 000 |
Xxx Xxxx Xxxxxxx
|
000 Xxxxxxxxxx Xx
|
Xxxxx Xxxxxx
|
XX
|
HCP Senior Housing Properties Trust
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186 | [ | ***] |
166-unit independent living, 20-unit cottage and such other uses necessary or incidental to such use
|
16 Years
|
10 Years
|
7 Years
|
[ | ***] | [ | ***] | |||||||||||
| 523 |
Peridot
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000 Xxxxxxxx Xx
|
Xxxxxxxx
|
XX
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HCP SH ELP3 Properties, LLC
|
102 | [ | ***] |
102-unit assisted living care and such other uses necessary or incidental to such use
|
16 Years
|
10 Years
|
7 Years
|
[ | ***] | [ | ***] | |||||||||||
| 620 |
Remington House
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000 Xxxx Xxxxxxx Xx
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Xxxxxxxxx
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XX
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HCP SH ELP1 Properties, LLC
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50 | [ | ***] |
50-unit assisted living care and such other uses necessary or incidental to such use
|
16 Years
|
10 Years
|
7 Years
|
[ | ***] | [ | ***] | |||||||||||
| 606 |
River Valley Landing
|
00000 XX 00Xx Xxx
|
Xxxxxxxx
|
XX
|
HCP SH River Valley Landing, LLC
|
120 | [ | ***] |
120-unit assisted living care and such other uses necessary or incidental to such use
|
16 Years
|
10 Years
|
7 Years
|
[ | ***] | [ | ***] | |||||||||||
| 621 |
Rose Terrace
|
6015 Primacy Pkwy
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Memphis
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TN
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HCP SH ELP1 Properties, LLC
|
48 | [ | ***] |
48-unit assisted living care and such other uses necessary or incidental to such use
|
16 Years
|
10 Years
|
7 Years
|
[ | ***] | [ | ***] | |||||||||||
* Initial Term shall commence on October 31, 2012 and expire on September 30, 2028.
Portions of this exhibit that have been marked by [***] have been omitted pursuant to a request for confidential treatment and filed separately with the Securities and Exchange Commission.
EXHIBIT A-1
(List of Pool 1 Facilities, Facility Description and Primary Intended Use, Fixed and Extended Terms, and Initial Annual Allocated Minimum Rent and Allocated Initial Investment)
|
Stable
|
Lease Term
|
Initial Annual
Allocated
Minimum
|
Allocated
Initial
|
||||||||||||||||||||||||
|
ID#
|
Facility
Name
|
Address
|
City
|
State
|
Lessor
|
Total
Units
|
/ Non-
Stable
|
Primary Intended Use
|
Initial*
|
1st
Extension
|
2nd
Extension
|
Rent (in
$MM)
|
Investment
(in $MM)
|
||||||||||||||
| 628 |
Rosemont at Clearlake
|
00000 Xxx Xxxxxx Xx
|
Xxxxxxx
|
XX
|
HCP SH ELP1 Properties, LLC
|
91 | [ | ***] |
67-unit assisted living care, 24-unit Alzheimer’s care and such other uses necessary or incidental to such use
|
16 Years
|
10 Years
|
7 Years
|
[ | ***] | [ | ***] | |||||||||||
| 470 |
Sequoia Springs
|
0000 Xxxxxxx Xxx
|
Xxxxxxx
|
XX
|
HCP SH ELP3 Properties, LLC
|
80 | [ | ***] |
66-unit assisted living care, 14-unit Alzheimer’s care and such other uses necessary or incidental to such use
|
16 Years
|
10 Years
|
7 Years
|
[ | ***] | [ | ***] | |||||||||||
| 661 |
Sequoia Springs Cottages
|
0000 Xxxxxxx Xxx
|
Xxxxxxx
|
XX
|
HCP SH ELP3 Properties, LLC
|
21 | [ | ***] |
21-unit cottage and such other uses necessary or incidental to such use
|
16 Years
|
10 Years
|
8 Years and 11 Months
|
[ | ***] | [ | ***] | |||||||||||
| 632 |
Spring Creek Gardens
|
0000 Xxx Xxxxxxx Xx
|
Xxxxx
|
XX
|
HCP SH ELP1 Properties, LLC
|
65 | [ | ***] |
44-unit assisted living care, 21-unit Alzheimer’s care and such other uses necessary or incidental to such use
|
16 Years
|
10 Years
|
7 Years
|
[ | ***] | [ | ***] | |||||||||||
| 578 |
Statesman Club
|
00000 Xxxxxxxx Xxxx
|
Xxxxxxxx Xxxx
|
XX
|
HCP SH ELP2 Properties, LLC
|
137 | [ | ***] |
137-unit independent living and such other uses necessary or incidental to such use
|
16 Years
|
10 Years
|
7 Years
|
[ | ***] | [ | ***] | |||||||||||
| 646 |
Stonebridge
|
0000 Xx Xxxxxxxxx Xxxx Xx
|
Xxxxxxxxx
|
XX
|
HCP SH ELP1 Properties, LLC
|
60 | [ | ***] |
60-unit Alzheimer’s care and such other uses necessary or incidental to such use
|
16 Years
|
10 Years
|
7 Years
|
[ | ***] | [ | ***] | |||||||||||
| 537 |
Terrace at Riverstone
|
000 Xxxxxxxxxx Xxxxxxx
|
Xxxxxx
|
XX
|
HCP SH ELP3 Properties, LLC
|
93 | [ | ***] |
65-unit assisted living care, 28-unit Alzheimer’s care and such other uses necessary or incidental to such use
|
16 Years
|
10 Years
|
8 Years and 11 Months
|
[ | ***] | [ | ***] | |||||||||||
| 000 |
Xxx Xxxxx
|
000 Xxxxxxxx Xx
|
Xxxxxxxxx
|
XX
|
HCP SH ELP1 Properties, LLC
|
101 | [ | ***] |
86-unit assisted living care, 15-unit Alzheimer’s care and such other uses necessary or incidental to such use
|
16 Years
|
10 Years
|
7 Years
|
[ | ***] | [ | ***] | |||||||||||
| 603 |
Woodside Village
|
0000 Xxxx Xx
|
Xxxxxxxxxxx
|
XX
|
HCP SH ELP1 Properties, LLC
|
53 | [ | ***] |
53-unit assisted living care and such other uses necessary or incidental to such use
|
16 Years
|
10 Years
|
7 Years
|
[ | ***] | [ | ***] | |||||||||||
|
Total Lease Pool 1 Facilities (39 Properties)
|
2,994 |
16 Years
|
10 Years
|
7 Years
|
[ | ***] | [ | ***] | |||||||||||||||||||
|
Lease Pool 1 Potential Facility**
|
|||||||||||||||||||||||||||
| 000 |
Xxxxxxxxx Xxxxxxx
|
000 X Xxxxxxxx Xxx
|
Xxxxxxxxx
|
XX
|
HCP SH Hermiston Terrace, LLC
|
57 | [ | ***] |
57-unit assisted living care and such other uses necessary or incidental to such use
|
16 Years
|
10 Years
|
7 Years
|
[ | ***] | [ | ***] | |||||||||||
* Initial Term shall commence on October 31, 2012 and expire on September 30, 2028.
** The foregoing facility listed under the heading “Lease Pool 1 Potential Facility” may be acquired by Lessor or an Affiliate of Lessor pursuant to the Purchase Agreement after the Commencement Date. Such facility shall not constitute a “Facility” or be included in the “Leased Property” unless and until this Lease is amended in accordance with the provisions of Section 45.1.20.3 to include such facility in the “Leased Property”.
Portions of this exhibit that have been marked by [***] have been omitted pursuant to a request for confidential treatment and filed separately with the Securities and Exchange Commission.
EXHIBIT A — CONTINUED
LEGAL DESCRIPTION
(Oxford, Emeritus at)
(Azalea Gardens)
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF LAFAYETTE, STATE OF MISSISSIPPI, AND IS DESCRIBED AS FOLLOWS:
A tract of land in the Northwest Quarter (NW 1/4) of Xxxxxxx 0, Xxxxxxxx 0 Xxxxx, Xxxxx 0 Xxxx, Xxxx of Oxford, Lafayette County, Mississippi, and being more particularly described as follows:
Beginning at a 1/2” rebar found located 8,294.09 feet South and 268.42 feet east of a concrete monument marking the Northwest Corner of the Southwest Quarter of Xxxxxxx 00, Xxxxxxxx 0 Xxxxx, Xxxxx 0 Xxxx; run thence due East for a distance of 520.58 feet to a 1/2” rebar found; run thence S 32° 19’02” E for a distance of 27.57 feet to a 1/2” rebar found; run thence S 53° 36’ 58” W for a distance of 32.08 feet to a 1/2” rebar found; run thence S 36° 23’ 02” E for a distance of 5.00 feet to a 1/2” rebar found; run thence S 57° 40’ 58” W for a distance of 108.35 feet to a 1/2” rebar found; run thence S 32° 19’ 02” E for a distance of 180.30 feet to a 1/2” rebar found; run thence due South for a distance of 52.73 feet to a 1/2” rebar found; run thence S 14° 04’ 20” W for a distance of 106.93 feet to a 1/2” rebar found; run thence due South for a distance of 105.01 to a 1/2” rebar found; run thence N 89° 22’ 31” W for a distance of 493.05 feet to 1/2” rebar found; run thence N 00° 11’ 42” E for a distance of 512.74 feet to the Point of Beginning of the herein described tract of land, said tract contains 5.81 acres, more or less.
Together with a perpetual right-of-way with the right to erect, construct, install, and thereafter use, operate, repair, maintain, replace a roadway and the necessary appurtenances thereto, together with the right of ingress and egress for the purposes for which the above mentioned rights are granted, on, over and across the following described property situated in Lafayette County, Mississippi, to-wit:
A tract of land being located in the Southwest Quarter (SW 1/4) of Section 33, Township 8 South, Range 3 West, and in the Northwest Quarter of Xxxxxxx 0, Xxxxxxxx 0 Xxxxx, Xxxxx 0 Xxxx, Xxxx of Oxford, Lafayette County, Mississippi, and being more particularly described as follows:
Beginning at a point being located 7,047.32 feet south and 2,149.92 feet east of a concrete monument marking the Northwest Corner of the Southwest Quarter of Section 28, township 8 South, Range 3 West, run thence S 08° 36’ 53” E for a distance of 98.84 feet to a point; run thence S 25° 11’ 50” W for a distance of 143.27 feet to a point on a curve to the right; run thence along said circular curve for a distance of 491.67 feet, with a radius of 506.92 feet, said curve having a chord bearing of S 52° 59’ 01” W and a chord distance of 472.62 feet to a point; run thence S 80° 46’ 10” W for a distance of 99.29 feet to a point on a circular curve to the left; run thence along said curve for a distance of 247.20 feet with a radius of 282.57 feet, said curve having a chord bearing of S 55° 42’ 26” W and a chord distance of 239.40 feet to a point; run thence S 30° 38’ 43” W for a distance of 157.39 feet to a point on a circular curve to the right; run thence along said circular curve for a distance of 281.64 feet with a radius of 702.50 feet, said curve having a chord bearing of S 42° 07’ 51” W and a chord distance of 279.76 feet to a point; run thence S 53° 36’ 58” W for a distance of 445.85 feet to a found 1/2” rebar, said point being the northeast corner of a 5.81 acre tract; run thence N 32° 19’ 02” W for a distance of 27.57 feet to a found 1/2” rebar; run thence xxx xxxx for a distance of 46.36 feet to a point; run thence N 53° 36’ 58” E for a distance of 481.22 feet to a point on a circular curve to the left; run thence along said circular curve for a distance of 259.59 feet with a radius of 647.50 feet, said curve having a chord bearing of N 42° 07’ 51” E and a chord distance of 257.86 feet to a point; run thence N 30° 38’ 43” E for a distance of 157.39 feet to a point on a circular curve to the right, run thence along said circular curve for a distance of 295.32 feet with a radius of 337.57 feet, said curve having a chord bearing of N 55° 42’26” E and a chord distance of 285.99 feet to a point; run thence N 80° 46’ 10” E for a distance of 99.29 feet to a point on a circular curve to the left; run thence along said circular curve for a distance of 438.33 with a radius of 451.92 feet, said curve having a chord bearing of N 52° 59’ 01” E
EXHIBIT A — CONTINUED
LEGAL DESCRIPTION
(Oxford, Emeritus at)
(Azalea Gardens)
and a chord distance of 421.35 feet to a point; run thence N 25° 11’ 50” E for a distance of 225.39 feet to the point of beginning, said tract contains 2.40 acres, more or less, within the herein described easement.
LESS AND EXCEPT:
A parcel of land in the Northwest Quarter (NW 1/4) of Xxxxxxx 0, Xxxxxxxx 0 Xxxxx, Xxxxx 0 Xxxx, Xxxx of Oxford, Lafayette County, Mississippi, and being more particularly described as follows:
Beginning at a point located 8,294.08 feet South and 788.80 feet East of a concrete monument marking the Northwest Corner of the Southwest Quarter (SW 1/4) of Xxxxxxx 00, Xxxxxxxx 0 Xxxxx, Xxxxx 0 Xxxx; run thence S 32° 19’ 02” E for a distance of 27.57 feet to a 1/2” rebar set; run thence S 53° 36’ 58” W for a distance of 32.08 feet to a 1/2” rebar set; run thence S 36° 23’02” E for a distance of 5.00 feet to a 1/2” rebar set; run thence S 57° 40’ 58” W for a distance of 21.85 feet to a 1/2” rebar set on a curve to the right; run thence along said curve to the right, said curve having a radius of 48.00 feet and an are length of 75.52 feet, a chord bearing of N 31° 27’ 11” W with a chord length of 67.97 feet to a 1/2” rebar set; run thence N 89° 56’ 58” E for a distance of 62.05 feet to the Point of Beginning of the herein described parcel of land, said parcel contains 0.07 acres of land, more or less.
AND ALSO DESCRIBED AS PER SURVEY:
A parcel of land lying in the Northwest Quarter of Xxxxxxx 0, Xxxxxxxx 0 Xxxxx, Xxxxx 0 Xxxx, Xxxx of Oxford, Lafayette County, Mississippi, and being more particularly described as follows:
Commence at the Northwest corner of the Southwest Quarter of Section 00, Xxxxxxxx 0 Xxxxx, Xxxxx 0 Xxxx, xxxx Xxxxxxxxx Xxxxxx; thence East 268.42 feet to a point; thence South 8294.09 feet to a 5/8” capped rebar set (SMW LS 02859) and the Point of Beginning; thence S 89° 29’ 22” E along the southerly line of Lots 2-6 and Lot A of The Azaleas P.U.D. Phase III, Part I as recorded in Plat Cabinet B, Sheet 15 in the Chancery Clerks Office for said Lafayette County, for a distance of 458.49 feet to a 5/8” capped rebar set (SMW LS 02859); thence along the westerly right-of-way line of the cul-de-sac of Azalea Drive with a curve to the left having an arc length of 75.61 feet, a radius of 48.00 feet, and a chord bearing and distance of S 30° 56’ 33” E for 68.03 feet to a 1/2” rebar found; thence leaving said westerly right-of-way line S 58° 11’ 36” W for a distance of 86.54 feet to a 5/8” capped rebar set (SMW LS 02859); thence S 31° 42’ 24” E along the westerly line of Lots 12-15 of Azalea Cove as recorded in Plat Cabinet B, Sheet 16 in the Chancery Clerks Office for said Lafayette County, for a distance of 180.86 feet to a 5/8” capped rebar set (SMW LS 02859); thence S 00° 30’ 38” W for a distance of 52.07 feet to a 1/2” rebar found at the southwest corner of said Lot 12; thence S 14° 34’ 58” W for a distance of 106.93 feet to a 5/8” capped rebar set (SMW LS 02859); thence S 00° 30’ 38” W along the westerly line of Lot 10 of said Azalea Cove for a distance of 105.01 feet to a 5/8” capped rebar set (SMW LS 02859) at the southwest corner of said Lot 10; thence N 88° 51’ 53” W for a distance of 493.05 feet to a 5/8” capped rebar set (SMW LS 02859); thence N 00° 42’ 20” E for a distance of 512.74 feet to the Point of Beginning. Said described parcel of land contains 5.78 acres, more or less.
EXHIBIT A — CONTINUED
LEGAL DESCRIPTION
(Springfield - The Briarwood, Emeritus at)
(Briarwood)
Parcel 1, of LAND PARTITION PLAT NO. 99-P1265, Lane County Oregon Plat Records, in Lane County, Oregon.
EXHIBIT A — CONTINUED
LEGAL DESCRIPTION
(Buckingham Estates Memory Care Community)
|
Address:
|
0000 Xxxxxxxxxx Xxxx
|
|
|
City/Town:
|
Glastonbury
|
|
|
County:
|
Hartford
|
|
|
State:
|
CT
|
A certain piece or parcel of land, with the buildings and improvements thereon and appurtenances thereto, located on the southerly side of Manchester Road (Conn. Rte. 83) in the Town of Glastonbury, County of Hartford and State of Connecticut, shown as “Parcel B Area” on a map or plan entitled “ALTA/ACSM Land Title Survey Development Plan for Parcels A, B, and C Prepared for ALS - Northeast LLC Glastonbury, Conn. Date: 5-25-99 Scale: 1’ = 80’ Map No. 109-97-1Y”, revised 8-5-99, made by Megson & Xxxxxx, Civil Engineers & Land Surveyors, which map is on file in the Glastonbury Town Clerk’s Office as Map #6088A. Said Parcel B is more particularly described as follows:
Beginning at a point in the southerly street line of Manchester Road located 315.98 feet southwesterly of a highway monument, said point marks the northeasterly corner of land shown as “Parcel A” on said map, and the northwesterly corner of the parcel herein described; thence running N 81° 13’ 20” E for a distance of 315.98 feet to a point marked by said monument; thence running along a curve to the right with a central angle of 00° 50’ 51”, a radios of 3567.00 feet for a distance of 52.76 feet to a point, the last two courses being along the street line of Manchester Read; thence running S 23° 00’ 00” W for a distance of 58.44 feet to a point; thence running S 10° 55’ 25” E for a distance of 76.65 feet to a point; thence running S 33° 15’ 00” E for a distance of 519.81 feet to a point; thence running S 13° 17’ 35” E for a distance of 424.59 feet to a point; thence running S 71° 15’ 40” W for a distance of 15.37 feet to a point; thence running S 79° 10’ 20” W for a distance of 195.21 feet to a point; thence running S 88° 44’ 10” W for a distance of 96.50 feet to a point, the last seven courses being along land shown as “Parcel C” on said map; thence running N 84° 40’ 30” W along land shown as “Parcel C” and land shown as “Parcel A” on said map, in part by each, for a distance of 343.94 feet to a point; thence running N 07° 03’ 00” W for a distance of 634.60 feet to a point; thence running N 07° 40’ 20” W for a distance of 166.68 feet to a point; thence running N 16° 30’ 00” E for a distance of 61.05 feet to a point; thence N 07° 40’ 20” W for a distance of 80.12 feet to the point or place of beginning.
EXHIBIT A — CONTINUED
LEGAL DESCRIPTION
(Xxxxxxxx Place Retirement Community)
Real property in the City of Rock Hill, County of York, State of South Carolina, described as follows:
ALL THOSE CERTAIN PIECES, PARCELS OR TRACTS OF LAND, WITH ANY IMPROVEMENTS THEREON, SITUATE, LYING, AND BEING LOCATED IN XXX XXXX XX XXXX XXXX, XXXXXX XX XXXX, XXXXX OF SOUTH CAROLINA, BEING SHOWN AND DESIGNATED AS THE “DEVELOPMENT PARCEL” CONTAINING 4.24 ACRES, 184,852 SQUARE FEET, AND THE “60’ ACCESS EASEMENT PARCEL” CONTAINING 0.60 ACRES, 26,219 SQUARE FEET, ON A PLAT PREPARED FOR XXXXXXXX PLACE AT ROCK HILL LIMITED PARTNERSHIP BY XXXXXX-XXXXXX, INC., DATED APRIL 16, 2002, AND LAST REVISED MAY 9, 2002, AND RECORDED IN THE OFFICE OF THE CLERK OF COURT FOR YORK COUNTY IN PLAT BOOK C-67 AT PAGE 1, AND HAVING THE FOLLOWING. METES, BOUNDS, COURSES, DISTANCES AND DIRECTIONS AS SHOWN ON SAID PLAT, WHICH PLAT IS INCORPORATED HEREIN BY REFERENCE, TO-WIT:
DEVELOPMENT PARCEL:
BEGINNING AT THE POINT OF THE RIGHTS-OF-WAY INTERSECTION FOR XXXXX XXXX AND INDIA HOOK ROAD, BEING THE POINT OF COMMENCEMENT (P. O. C), AND PROCEEDING S53°02’11”E ALONG XXXXX XXXX FOR A DISTANCE OF 193.90 FEET TO A NEW 5/8” IRON PIN SET DESIGNATED AS THE P.O.B. (POINT OF BEGINNING) AND LOCATED AT THE NORTHERN CORNER OF THE SUBJECT PROPERTY ON THE SOUTHERN SIDE OF THE RIGHT-OF-WAY FOR XXXXX XXXX; AND THEN RUNNING S60°39’23”E ALONG THE RIGHT-OF-WAY OF XXXXX XXXX FOR A DISTANCE OF 447.18 FEET TO AN EXISTING 5/8” IRON PIN FOUND; THEN TURNING AND RUNNING S27°31’44”W ALONG PROPERTY NOW OR FORMERLY OF CORNERSTONE DEVELOPMENT OF THE CAROLINAS, INC., AND PROPERTY DESIGNATED AS TRACT 2 NOW OR FORMERLY OF CORNERSTONE DEVELOPMENT OF THE CAROLINAS, INC., FOR A DISTANCE OF 279.55 FEET TO AN EXISTING 5/8” IRON PIN FOUND; THEN TURNING AND RUNNING S59°27’15”E ALONG THE SAID PROPERTY DESIGNATED AS TRACT 2 NOW OR FORMERLY OF CORNERSTONE DEVELOPMENT OF THE CAROLINAS, INC., FOR A DISTANCE OF 40.76 FEET TO AN EXISTING 5/8” IRON PIN POUND; THEN TURNING AND RUNNING S31°39’47”W ALONG PROPERTY DESIGNATED AS TRACT 2 NOW OR FORMERLY OF CORNERSTONE DEVELOPMENT OF THE CAROLINAS, INC., FOR A DISTANCE OF 128.31 FEET TO AN EXISTING 5/8” IRON PIN FOUND; THEN TURNING AND RUNNING N64°16’47”W ALONG SAID PROPERTY DESIGNATED AS TRACT 2 NOW OR FORMERLY OF CORNERSTONE DEVELOPMENT OF THE CAROLINAS, INC., FOR A DISTANCE OF 86.26 FEET TO AN EXISTING 5/8” IRON PIN FOUND; THEN TURNING AND RUNNING S39°18’39”W ALONG SAID PROPERTY DESIGNATED AS TRACT 2 NOW OR FORMERLY OF CORNERSTONE DEVELOPMENT OF THE CAROLINAS, INC., FOR A DISTANCE OF 21.06 FEET TO AN EXISTING 5/8” IRON PIN FOUND; THEN TURNING AND RUNNING IN A CURVED LINE ALONG 60’ ACCESS EASEMENT PARCEL FOR A CHORD BEARING OF N69°22’25’W AND A CHORD DISTANCE OF 190.11 FEET TO AN EXISTING 5/8” IRON PIN FOUND; THEN TURNING AND RUNNING IN A CURVED LINE ALONG PROPERTY NOW OR FORMERLY OF CORNERSTONE DEVELOPMENT OF THE CAROLINAS, INC., FOR A CHORD BEARING OF N43°44’18”E AND A CHORD DISTANCE OF 22.95 FEET TO AN EXISTING 5/8” IRON PIN FOUND; THEN TURNING AND RUNNING IN A CURVED LINE ALONG THE SAID PROPERTY NOW OR FORMERLY OF
EXHIBIT A — CONTINUED
LEGAL DESCRIPTION
(Xxxxxxxx Place Retirement Community)
CORNERSTONE DEVELOPMENT OF THE CAROLINAS, INC., FOR A CHORD BEARING OF N15° 17’ 21” E AND A CHORD DISTANCE OF 42.28 FEET TO AN EXISTING 5/8” IRON PIN FOUND; THEN TURNING AND RUNNING IN A CURVED LINE ALONG THE SAID PROPERTY NOW OR FORMERLY OF CORNERSTONE DEVELOPMENT OF THE CAROLINAS, INC., FOR A CHORD BEARING OF N19° 24’ 09” W AND A CHORD DISTANCE OF 26.38 FEET TO AN EXISTING 5/8” IRON PIN FOUND; THEN TURNING AND RUNNING N60° 39’ 23” W ALONG THE SAID PROPERTY NOW OR FORMERLY OF CORNERSTONE DEVELOPMENT OF THE CAROLINAS, INC., FOR A DISTANCE OF 83.96 FEET TO A NEW 5/8” IRON PIN SET; THEN TURNING AND RUNNING IN A CURVED LINE ALONG THE SAID PROPERTY NOW OR FORMERLY OF CORNERSTONE DEVELOPMENT OF THE CAROLINAS, INC., FOR A CHORD BEARING OF N15° 39’ 23” W AND A CHORD DISTANCE OF 21.21 FEET TO A NEW 5/8” IRON PIN SET; THEN TURNING AND RUNNING N29° 20’ 37” E ALONG THE SAID PROPERTY NOW OR FORMERLY OF CORNERSTONE DEVELOPMENT OF THE CAROLINAS, INC., FOR A DISTANCE OF 28.17 FEET TO A NEW 5/8” IRON PIN SET; THEN TURNING AND RUNNING N60° 39’ 23” W ALONG THE SAID PROPERTY NOW OR FORMERLY OF CORNERSTONE DEVELOPMENT OF THE CAROLINAS, INC., FOR A DISTANCE OF 89.81 FEET TO A NEW 5/8” IRON PIN SET; THEN TURNING AND RUNNING N29° 12’ 42” E ALONG THE SAID PROPERTY NOW OR FORMERLY OF CORNERSTONE DEVELOPMENT OF THE CAROLINAS, INC., FOR A DISTANCE OF 73.59 FEET TO AN EXISTING 1” IRON PIPE FOUND; THEN CONTINUING N29° 12’ 42” E ALONG PROPERTY NOW OR FORMERLY OF XXXXXX X. XXXXXXXXXX FOR A DISTANCE OF 266.08 FEET TO A NEW 5/8” IRON PIN SET, BEING THE POINT OF BEGINNING (P.O.B.); BE ALL MEASUREMENTS A LITTLE MORE OR LESS.
AND
60’ ACCESS EASEMENT PARCEL:
BEGINNING AT THE POINT OF THE RIGHTS-OF-WAY INTERSECTION FOR INDIA HOOK ROAD AND HEATHRIDGE ROAD, BEING THE POINT OF COMMENCEMENT (P.O.C.), AND PROCEEDING N08° 07’ 23” E ALONG INDIA HOOK ROAD FOR A DISTANCE OF 63.81 FEET TO AN EXISTING 5/8” IRON PIN FOUND DESIGNATED AS THE P.O.B. (POINT OF BEGINNING) AND LOCATED AT THE NORTHWESTERN MOST CORNER OF THE SUBJECT PROPERTY ON THE EASTERN SIDE OF THE RIGHT-OF-WAY OF INDIA HOOK ROAD; THEN TURNING AND RUNNING IN A CURVED LINE ALONG PROPERTY NOW OR FORMERLY OF CORNERSTONE DEVELOPMENT OF THE CAROLINAS, INC., FOR A CHORD BEARING OF S75° 02’ 29” E AND A CHORD DISTANCE OF 28.34 FEET TO AN EXISTING 5/8” IRON PIN FOUND; THEN TURNING AND RUNNING N59° 50’ 13” E ALONG SAID PROPERTY NOW OR FORMERLY OF CORNERSTONE DEVELOPMENT OF THE CAROLINAS, INC., FOR A DISTANCE OF 27.12 FEET TO AN EXISTING 5/8” IRON PIN FOUND; THENCE TURNING AND RUNNING IN A CURVED LINE ALONG PROPERTY NOW OR FORMERLY OF CORNERSTONE DEVELOPMENT OF THE CAROLINAS, INC., FOR A CHORD BEARING OF N67° 33’ 14” E AND A CHORD DISTANCE OF 48.34 FEET TO AN EXISTING 5/8” IRON PIN FOUND; THEN TURNING AND RUNNING N75° 16’ 15” E ALONG PROPERTY NOW FORMERLY OF CORNERSTONE DEVELOPMENT OF THE CAROLINAS, INC., FOR A DISTANCE OF 163.27 FEET TO AN EXISTING 5/8” IRON PIN FOUND; THEN TURNING AND RUNNING IN A CURVED LINE ALONG PROPERTY NOW OR FORMERLY OF CORNERSTONE DEVELOPMENT OF THE CAROLINAS, INC., FOR A CHORD BEARING OF N77° 00’ 34” E AND A CHORD DISTANCE OF 10.93 FEET TO AN EXISTING 5/8” IRON PIN FOUND; THEN TURNING AND RUNNING IN A CURVED LINE ALONG THE DEVELOPMENT PARCEL FOR A CHORD BEARING OF S69° 22’ 25” E AND A CHORD DISTANCE OF 190.11 FEET TO AN EXISTING 5/8” IRON PIN FOUND; THEN TURNING AND RUNNING S39° 18’ 39” W ALONG PROPERTY DESIGNATED AS TRACT 2 NOW OR FORMERLY OF CORNERSTONE DEVELOPMENT OF THE CAROLINAS, INC., FOR A DISTANCE OF 62.50 FEET TO AN EXISTING 5/8” IRON PIN FOUND; THEN TURNING AND RUNNING IN A CURVED LINE ALONG PROPERTY NOW OR FORMERLY OF SPRING ARBOR-ROCK HILL FOR A CHORD BEARING OF N67° 42’ 03” W AND A CHORD DISTANCE OF 144.54 FEET TO AN EXISTING 5/8” IRON PIN FOUND; THEN TURNING AND, RUNNING S75° 16’ 15” W ALONG SAID PROPERTY NOW OR FORMERLY OF SPRING ARBOR-ROCK HILL FOR A DISTANCE 163.27 FEET TO AN EXISTING
EXHIBIT A — CONTINUED
LEGAL DESCRIPTION
(Xxxxxxxx Place Retirement Community)
5/8” IRON PIN FOUND; THEN TURNING AND RUNNING IN A CURVED LINE ALONG SAID PROPERTY NOW OR FORMERLY OF SPRING ARBOR-ROCK HILL FOR A CHORD BEARING OF S67° 33’ 14” W AND A CHORD DISTANCE OF 32.23 FEET TO AN EXISTING 5/8” IRON PIN FOUND; THEN TURNING AND RUNNING S59 °50’ 13” W ALONG SAID PROPERTY NOW OR FORMERLY OF SPRING ARBOR-ROCK HILL FOR A DISTANCE OF 27.53 FEET TO AN EXISTING 5/8” IRON PIN FOUND; THEN TURNING AND RUNNING IN A CURVED LINE ALONG SAID PROPERTY NOW OR FORMERLY OF SPRING ARBOR-ROCK HILL FOR A CHORD BEARING OF S14° 57’ 17” W AND A CHORD DISTANCE OF 28.23 FEET TO AN EXISTING 5/8” IRON PIN FOUND; THEN TURNING AND RUNNING N29° 55’ 40” W ALONG THE RIGHT-OF-WAY OF INDIA HOOK ROAD FOR A DISTANCE OF 100.00 FEET TO AN EXISTING 5/8” IRON PIN FOUND, BEING THE POINT OF BEGINNING (P.O.B.); BE ALL MEASUREMENTS A LITTLE MORE OR LESS.
|
|
|
EXHIBIT A — CONTINUED
LEGAL DESCRIPTION
(Chesterley Court Memory Care Community)
The North 30 feet of the South 428 feet of the East 306.83 feet of Tract 11, NATCHES ORCHARD TRACTS, recorded in Volume “A” of Plats, page 69, records of Yakima County, Washington.
AND the East 145 feet of the North 130.67 feet of Lot 2 of Short Plat recorded in Book “H” of Short Plats, page 4, under Auditor’s File Number 2430471, records of Yakima County, Washington.
AND THE South 50.2 feet of the East 145 feet of Lot 5 of the Short Plat filed under Auditor’s File Number 7207996, records of Yakima County, Washington;
ALSO more particularly described as follows:
Commencing at the Northeast corner of Lot 5 of Short Plat filed under Auditor’s File Number 7207996, records of Yakima County, Washington;
thence along the East line of said Xxx 0, Xxxxx 00x00’00” Xxxx, a distance of 203.83 feet to the point of beginning;
thence South 00o06’29” East 50.20 feet;
thence South 00o13’41” West 100.67 feet;
thence South 89o25’05” East 306.83 feet;
thence South 00o13’41” West 30.00 feet;
thence North 89o25’05” West 306.83 feet;
thence North 89o16’59” West 145.00 feet;
thence North 00o13’41” West 130.67 feet;
thence North 00o06’29” West 50.20 feet;
thence South 89o16’59” East 145.00 feet to the point of beginning.
Situated In Yakima County, State of Washington.
EXHIBIT A — CONTINUED
LEGAL DESCRIPTION
(Chesterley Xxxxxxx)
EXHIBIT A
Description of Parcel A
Xxxx 0, 0, 0, xxx 0 xx Xxxxx Xxxx recorded under Auditor’s File Number 7207996, records of Yakima County, Washington;
TOGETHER WITH that portion of North 35th Avenue, vacated under Ordinance No. 2007-28 and filed under Auditor’s File Number 7592083.
Situated in Yakima County, State of Washington.
EXHIBIT A — CONTINUED
LEGAL DESCRIPTION
(Chesterley Xxxxxxx)
EXHIBIT B
Description of Parcel B
Xxx 0 xx Xxxx xx Xxxxxx Xxxxx Xxxx recorded March 21, 2001 under Recording Xx. 0000000, xx Xxxxxx Xxxxxx, Xxxxxxxxxx.
Except the South 50.2 feet of the East 145 feet thereof conveyed to Central Washington Senior Care, L.L.C. by deed recorded December 30, 2002 under Recording No. 7309549 and re-recorded January 9, 2003 under Recording No. 7311284.
EXHIBIT A — CONTINUED
LEGAL DESCRIPTION
(Chesterley Xxxxxxx)
EXHIBIT C
Description of Easement Area
The right-of-way of Xxxxx 00xx Xxxxxx as shown on the City of Yakima short plat (Parcel No. 181315-14412), AF No. 1207996, recorded March 21, 2001.
COMMENCING at the Northwest corner of Lot 1 as shown on the City of Yakima Short Plat (Parcel No. 181314-14412), AF No. 1207996, North 90o0’00” East, 113.7 feet to the most Xxxxxxxxxxxxx xxxxxx xx Xxxxx 00xx Xxxxxx right-of-way and the POINT OF BEGINNING;
thence South 44o55’56” East 42.38 feet;
thence South 00o08’08” West 450.70 feet;
thence South 45o24’17” West, 20.39 feet to the intersecting corner of Lot 4 and Lot 5;
thence South 00o08’08” West 12.45 feet;
thence South 45o00’00” East 28.00 feet;
thence South 89o16’59” East 36.99 feet;
thence North 45o00’00” East 32.11 feet;
thence North 00o08’08” East, 9.01 feet to the intersecting corner of Lot 5 and Lot 3;
thence North 44o33’45” West 21.32 feet;
thence North 00o08’08” East 450.84 feet;
thence North 45o04’04” East 42.46 feet;
thence South 90o00’00” West 110.00 feet to the POINT OF BEGINNING.
Containing 0.642 acres, more or less.
EXHIBIT A — CONTINUED
LEGAL DESCRIPTION
(Cougar Springs Assisted Living Community, Emeritus at)
Parcel Two (2) of Partition Plat No. 2002-11, filed January 29, 2002, in Partition Cabinet 0, Xxxx 000, Xxxxxxxxx Xxxxxx, Xxxxxx.
EXHIBIT A — CONTINUED
LEGAL DESCRIPTION
(Cougar Springs Memory Care Community, Emeritus at)
Parcel Two (2) of Partition Plat No. 2002-11, filed January 29, 2002, in Partition Cabinet 0, Xxxx 000, Xxxxxxxxx Xxxxxx, Xxxxxx.
EXHIBIT A — CONTINUED
LEGAL DESCRIPTION
(Courtyard Gardens Assisted Living and Memory Care Community)
A parcel of land lying in and being part of Land Xxx 00 xx xxx 0xx Xxxx Xxxxxxxx xx Xxxxxxxx Xxxxxx, Georgia, and being more particularly described as follows:
Commencing at the intersection of the Southerly right-of-way line of Riverside Parkway, a 100-foot right-of-way, with the line common to Land Xxx 00 xxx Xxxx Xxx 00; thence, on last said line, South 08 degrees 39 minutes 49 seconds West, 1362.61 feet to the point of beginning and a point on a curve, said point having a radial bearing of South 46 degrees 18 minutes 53 seconds East and being on the cul-de-sac of River Centre Place, a 40-foot easement for ingress, egress and utilities; thence, on the line of said cul-de-sac, around and along a curve to the left, said curve having a radius of 45.00 feet and a central angle of 110 degrees 00 minutes 55 seconds, an arc distance of 86.41 feet (South 11 degrees 19 minutes 21 seconds East, 73.73 feet, chord bearing and distance) to a point on said curve; thence, radial to last said curve, South 23 degrees 40 minutes 25 seconds West, 288.11 feet; thence, South 05 degrees 00 minutes 04 seconds, 80.40 feet to the Northerly right-of-way line of Xxxxx Xxxxxxx Xx. 000, a right-of-way of varied width as now established; thence, on said Northerly right-of-way line, South 84 degrees 59 minutes 56 seconds West, 18.12 feet to a point of curvature; thence, continue on said Northerly right-of-way line, around and along a curve to the left, said curve having a radius of 5799.58 feet and a central angle of 00 degrees 12 minutes 58 seconds, an arc distance of 21.88 feet (South 84 degrees 53 minutes 27 seconds West, 21.88 feet, chord bearing and distance) to a point on said curve; thence, North 05 degrees 00 minutes 04 seconds West, 65 feet, more or less, to the centerline of Yellow River; thence, Westerly, Northerly, Easterly by and along said centerline of Yellow River and following the meandering thereof, 1114 feet, more or less to a point which bears North 46 degrees 19 minutes 10 seconds west from the point of beginning; thence, South 46 degrees 19 minutes 10 seconds East, 367 feet, more or less, to the point of beginning.
Said parcel being 5.17 acres (225.205 Square Feet), more or less, in area.
Together with a non-exclusive, perpetual easement for ingress, egress and utilities over and upon the following described lands:
From the above described point of beginning and on the cul-de-sac of River Centre Place, around and along a curve to the right, said curve having radius of 45.00 feet and a central angle of 108 degrees 02 minutes 02 seconds, an arc distance of 84.85 feet (South 82 degrees 17 minutes 52 seconds East, 72.8 feet, chord bearing and distance) to a point of reverse curve; thence, around and along a curve to the left, said curve having a radius of 15.00 feet and a central angle of 54 degrees 18 minutes 53 seconds, an arc distance of 14.22 feet (South 55 degrees 26 minutes 18 seconds East, 13.69 feet, chord bearing and distance) to a point of tangency; thence, south 82 degrees 35 minutes 44 seconds East, 353.71 feet to a
EXHIBIT A — CONTINUED
LEGAL DESCRIPTION
(Courtyard Gardens Assisted Living and Memory Care Community)
point of curvature; thence, around and along a curve to the left, said curve having a radius of 100.00 feet and a central angle of 54 degrees 37 minutes 06 seconds, an arc distance of 95.33 feet (North 70 degrees 05 minutes 43 seconds East, 91.76 feet, chord bearing and distance) to a point of tangency; thence, North 42 degrees 47 minutes 10 seconds East, 6.47 feet to a point of curvature; thence, around and along a curve to the left, said curve having a radius of 20.00 feet and a central angle of 93 degrees 50 minutes 01 second, an arc distance of 32.75 feet (North 04 degrees 07 minutes 51 seconds) West; 29.21 feet, chord bearing and distance) to a point on the Southwesterly right-of-way line of XxXxxxxxx Church Road, a 60-foot right-of-way as now established, and a point on a curve, said point having a radial bearing of South 38 degrees 57 minutes 09 seconds West; thence, on said Southwesterly right-of-way line, around and along a curve to the right, said curve having a radius of 424.00 feet and a central angle of 11 degrees 22 minutes 13 seconds, an arc distance of 84.14 feet (South 45 degrees 21 minutes 45 seconds East; 84.00 feet chord bearing and distance) to a point on said curve; thence, around and along a curve to the left, said curve having a radius of 20.00 feet and a central angle of 97 degrees 32 minutes 12 seconds, an arc distance of 34.05 feet (North 88 degrees 26 minutes 44 seconds West, 30.08 feet, chord bearing and distance) to a point of tangency; thence South 42 degrees 47 minutes 10 seconds West, 3.88 feet to a point of curvature; thence, around and along a curve to the right, said curve having a radius of 140.00 feet and a central angle of 54 degrees 37 minutes 06 seconds, an arc distance of 133.46 feet (South 70 degrees 05 minutes 43 seconds West, 128.46 feet, chord bearing and distance) to a point of tangency; thence, North 82 degrees 35 minutes 44 seconds West, 353.71 feet to a point of curvature; thence, around and along a curve to the left, said curve having a radius of 15.00 feet and a central angle of 54 degrees 18 minutes 53 seconds, an arc distance of 14.22 feet (South 70 degrees 14 minutes 50 seconds West, 13.69 feet, chord bearing and distance) to a point of reverse curve; thence, around and along curve to the right, said curve having a radius of 45.00 feet and a central angle of 180 degrees 35 minutes 44 seconds, an arc distance of 141.84 feet (North 46 degrees 36 minutes 45 seconds West, 90.00 feet, chord bearing and distance) to the point of beginning.
EXHIBIT A — CONTINUED
LEGAL DESCRIPTION
(Eden Estates, Emeritus at)
Tract 1
Xxx 0, Xxxxx 0 xx Xxxxxxxx Xxxxxxx, an addition to the City of Bedford, Tarrant County, Texas, according to the plat thereof recorded in Cabinet A, Page 2693, Plat Records, Tarrant County, Texas.
Tract 2 (Easement Estate)
Those easement rights created in that certain Reciprocal Access Easement Agreement executed by and between Edengardens-Bedford, L.P. and K & K Properties dated September 26, 2002, filed for record November 8, 2002 and recorded in Volume 16127, Page 176, Deed Records, Tarrant County, Texas.
EXHIBIT A — CONTINUED
LEGAL DESCRIPTION
(Emerald Pointe, Emeritus at)
Situated in the County of Iron, State of Utah:
Beginning at a point North 89°25’24” East along the Section line 1358.89 feet and South 00°48’43” East along the 1/16 Section line 1341.29 feet and North 90°00’00” East 49.19 feet from the Northwest corner of Section 00, Xxxxxxxx 00 Xxxxx, Xxxxx 11 West, Salt Lake Base and Meridian (said point being on the East R.O.W. line of Regency Road) and running thence North 24°28’19” East along said R.O.W. line 423.96 feet; thence 149.13 feet along the arc of a curve to the right through a central angle of 68°21’18” and radius of 125.00 feet; thence South 87°10’22” East 80.14 feet; thence 25.03 feet along the arc of a curve to the right through a central angle of 95°35’21” and radius of 15.00 feet to the West R.O.W. line of Bentley Boulevard; thence South 08°24’59” West along said R.O.W. line 190.74 feet; thence 245.42 feet along the arc of a curve to the right through a central angle of 30°06’35” and radius of 467.00 feet; thence South 38°31’34” West 191.03 feet; thence departing said R.O.W. line North 51°28’26” West 189.51 feet to the East R.O.W. line of Regency Road; thence Northeasterly along said R.O.W. line a distance of 5.24 feet along the arc of a non tangent curve to the right (chord bears North 23°18’16”. East 5.24 feet) through a central angle of 02°00’06” and radius of 150.00 feet to the point of beginning.
Informational Note: Tax Parcel No.: B-1135-0077-0022
EXHIBIT A — CONTINUED
LEGAL DESCRIPTION
(Xxxxxx’x Landing, Emeritus at)
THE LAND REFERRED TO HEREIN IS SITUATED IN THE COUNTY OF Xxxxx, STATE OF Washington, AND IS DESCRIBED AS FOLLOWS:
PARCEL I
Lot 1 as described in and delineated on that Short Plat recorded July 22, 1999 in Book 3 of Short Plats, Page 300, and under Auditor’s File No. 3132389, records of Xxxxx County, Washington; being a portion of the Northeast quarter of Section 1, Township 1 North, Range 2 East and the Northwest quarter of Section 6, Township 1 North, Range 3 East of the Willamette Meridian, Xxxxx County, Washington.
PARCEL II
The Easement Rights contained within the Declaration of Covenants, Conditions and Restrictions for Xxxxxx’x Landing Towncenter Commercial recorded December 20, 1989 under Auditor’s File No. 8912200128, records of Xxxxx County, Washington.
EXHIBIT A — CONTINUED
LEGAL DESCRIPTION
(Fox River Assisted Living & Memory Care Community)
Unit One (1) together with said unit’s undivided interest in the master common elements (and the exclusive use of the limited common elements appurtenant to said unit) all in GEORGETOWNE PLACE Condominium per Condominium Plat as set forth in the Declaration, hereinafter described, being a condominium created under the Condominium Ownership Act of the State of Wisconsin by a “Declaration of Condominium for GEORGETOWNE PLACE Condominium”, recorded in the Office of the Register of Deeds for Outagamie County, Wisconsin, September 25, 1997, as Document No. 1242108, and by First Amendment to Master Declaration recorded on October 6, 1998 as Document No. 1293091 and by Addendum to Master Declaration of Condominium for Georgetowne Place Condominium in the Town of Grand Chute, Outagamie County, Wisconsin dated September 26, 2003 and recorded October 2, 2002 at 1: 00 PM as Document No. 1580056, said Condominium being located in the Town of Grand Chute, County of Outagamie, State of Wisconsin on the real estate described in said Declaration and incorporated herein by this reference thereto.
Together with all appurtenant rights, title and interests, including (without limitation):
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a) the undivided percentage interest in all Common Elements as specified of such Unit in the aforementioned Declaration:
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b) the right to use of the areas and/or facilities, if any, specified in the aforementioned Declaration as Limited Common Elements for such Unit and
c) membership in the GEORGETOWNE PLACE Owner’s Association, (hereafter the “Owner’s Association”), as provided for in the aforementioned Declaration and in any Articles of Incorporation and/or Bylaws for such Owner’s Association.
THE FOLLOWING IS FOR INFORMATIONAL PURPOSES ONLY:
Tax Parcel Number: 103-050100
Property Address: 0000 Xxxxxxxxxxxx Xxx., Xxxxxxxx, XX 00000
(Georgian Place)
TRACT A LEGAL DESCRIPTION:
ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND XXX 00 XX XXX 0XX XXXXXXXX, XXXX OF NEWNAN, COWETA COUNTY, GEORGIA, SAID TRACT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT A POINT WHERE THE WEST LINE OF LAND LOT 73 INTERSECTS THE ORIGINAL NORTHERLY RIGHT-OF-WAY OF XXXXXXX XXXXXX INDUSTRIAL BOULEVARD; THENCE FOLLOWING SAID ORIGINAL NORTHERLY RIGHT-OF-WAY AND THE CURVATURE THEREOF A DISTANCE OF 146.45 FEET TO A CONCRETE RIGHT-OF-WAY MARKER, SAID ARC BEING SUBTENDED BY A CHORD BEARING NORTH 68°46’12” EAST A DISTANCE OF 146.36 FEET AND A RADIUS OF 1209.71 FEET; THENCE CONTINUING ALONG SAID ORIGINAL NORTHERLY RIGHT-OF-WAY NORTH 65°49’12” EAST A DISTANCE OF 760.64 FEET TO A POINT; THENCE NORTH 01°55’16” WEST, A DISTANCE OF 51.28 FEET TO A POINT ON THE PRESENT NORTHERLY OF XXXXXXX XXXXXX INDUSTRIAL BOULEVARD (85 FEET TO CENTERLINE) AND THE TRUE POINT OF BEGINNING; THENCE NORTH 01°55’16” WEST A DISTANCE OF 45.12 FEET TO A 1/2 INCH REBAR FOUND; THENCE NORTH 16°57’05” WEST A DISTANCE OF 752.70 FEET TO A 1/2 INCH REBAR FOUND; THENCE NORTH 53°10’40” EAST A DISTANCE OF 44.59 FEET TO A 1/2 INCH CRIMP TOP FOUND; THENCE SOUTH 87°30’17” EAST A DISTANCE OF 570.53 FEET TO A 1/2 INCH REBAR FOUND; THENCE SOUTH 17°43’28” WEST A DISTANCE OF 169.90 FEET TO A 1/2 INCH CRIMP TOP FOUND; THENCE SOUTH 27°39’55” WEST A DISTANCE OF 497.00 FEET TO A 1/2 INCH CRIMP TOP FOUND; THENCE SOUTH 04°43’07” EAST A DISTANCE OF 115.17 FEET TO A POINT ON THE NORTHERLY OF XXXXXXX XXXXXX INDUSTRIAL BOULEVARD; THENCE ALONG SAID RIGHT-OF-WAY SOUTH 65°48’24” WEST, A DISTANCE OF 122.45 FEET TO A POINT, BEING THE TRUE POINT OF BEGINNING.
SAID TRACT CONTAINING A TOTAL OF 5.899 ACRES OR 256972 SQUARE FEET OF LAND AND SHOWN AS TRACT A.
TRACT B LEGAL DESCRIPTION:
ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND XXX 00 XX XXX 0XX XXXXXXXX, XXXX OF NEWNAN, COWETA COUNTY, GEORGIA, SAID TRACT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT A POINT WHERE THE WEST LINE OF LAND LOT 73 INTERSECTS THE ORIGINAL NORTHERLY RIGHT-OF-WAY OF XXXXXXX XXXXXX INDUSTRIAL BOULEVARD; THENCE FOLLOWING SAID ORIGINAL NORTHERLY RIGHT-OF-WAY AND THE CURVATURE THEREOF A DISTANCE OF 146.45 FEET TO A CONCRETE RIGHT-OF-WAY MARKER, SAID ARC BEING SUBTENDED BY A CHORD BEARING NORTH 68°46’12” EAST A DISTANCE OF 146.36 FEET AND A RADIUS OF 1209.71 FEET; THENCE CONTINUING ALONG SAID ORIGINAL NORTHERLY RIGHT-OF-WAY NORTH 65°49’12” EAST A DISTANCE OF 760.64 FEET TO A POINT; THENCE NORTH 24°12’55” WEST, A DISTANCE OF 29.45 FEET TO A POINT ON THE PRESENT NORTHERLY OF XXXXXXX XXXXXX INDUSTRIAL BOULEVARD (67 FEET TO CENTERLINE) AND THE TRUE POINT OF BEGINNING; THENCE NORTH 24° 12’55” WEST A DISTANCE OF 200.53 FEET TO A 1/2 INCH REBAR FOUND; THENCE NORTH 63°30’06” WEST A DISTANCE OF 180.04 FEET TO A 1/2 INCH REBAR FOUND; THENCE NORTH 29°52’20” WEST A DISTANCE OF 390.13 FEET TO A 1/2 INCH REBAR FOUND; THENCE NORTH 49°36’51” EAST A DISTANCE OF 207.75 FEET TO A 1/2 INCH REBAR FOUND; THENCE NORTH 52°12’57” EAST A DISTANCE OF 87.10 FEET TO A 1/2 INCH REBAR FOUND; THENCE SOUTH 16°57’05” EAST A DISTANCE OF 752.70 FEET TO A 1/2 INCH REBAR FOUND; THENCE SOUTH 01°55’16” EAST A DISTANCE OF 64.57 FEET TO A POINT ON THE PRESENT NORTHERLY OF XXXXXXX XXXXXX INDUSTRIAL BOULEVARD; THENCE ALONG SAID RIGHT-OF-WAY SOUTH 65°48’24” WEST A DISTANCE OF 12.07 FEET TO A POINT, BEING THE TRUE POINT OF BEGINNING.
SAID TRACT CONTAINING A TOTAL OF 2.874 ACRES OR 125178 SQUARE FEET OF LAND AND SHOWN AS TRACT B.
TRACT C-2 LEGAL DESCRIPTION:
ALL THAT TRACT OR PARCEL OF LAND LYING IN AND BEING IN LAND XXXX 00 XXX 00 XX XXX 0XX XXXXXXXX, XXXX OF NEWNAN, COWETA COUNTY GEORGIA, SAID TRACT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT A ONE-HALF INCH REBAR WHERE THE WEST LINE OF LAND LOT 73 INTERSECTS THE NORTHERLY RIGHT OF WAY OF XXXXXXX X. XXXXXX INDUSTRIAL BOULEVARD, THENCE FOLLOWING SAID NORTHERLY RIGHT OF WAY SOUTH 73 DEGREES 47 MINUTES 42” WEST A DISTANCE OF 56.24 FEET TO A POINT.
THENCE NORTH 23 DEGREES 22 MINUTES 14 SECONDS WEST A DISTANCE OF 317.93 FEET TO A POINT, SAID POINT BEING THE TRUE POINT OF BEGINNING.
THENCE NORTH 63 DEGREES 22 MINUTES 30 SECONDS EAST AT A DISTANCE OF 844.55 FEET TO A ONE-HALF INCH REBAR.
THENCE NORTH 29 DEGREES 52 MINUTES 20 SECONDS WEST A DISTANCE OF 390.13 FEET TO A ONE-HALF INCH REBAR.
THENCE SOUTH 40 DEGREES 14 MINUTES 11 SECONDS WEST A DISTANCE OF 119.19 FEET TO A ONE-HALF INCH REBAR.
THENCE SOUTH 75 DEGREES 13 MINUTES 51 SECONDS WEST A DISTANCE OF 74.93 FEET TO A POINT.
THENCE NORTH 85 DEGREES 54 MINUTES 45 SECONDS WEST A DISTANCE OF 194.42 FEET TO A THREE-FOURTHS INCH REBAR.
THENCE SOUTH 29 DEGREES 06 MINUTES 01 SECONDS WEST A DISTANCE OF 627.78 FEET TO A POINT.
THENCE SOUTH 05 DEGREES 30 MINUTES 26 SECONDS EAST A DISTANCE OF 72.72 FEET TO A POINT.
THENCE NORTH 89 DEGREES 44 MINUTES 00 SECONDS EAST A DISTANCE OF 81.04 FEET TO THE POINT OF BEGINNING
SAID TRACT CONTAINING A TOTAL OF 6.53 ACRES, 284,356.80 SQ. FT. MORE OR LESS.
EXHIBIT A
LEGAL DESCRIPTION
(Xxxxxxx View Selinsgrove)
PREMISES (A)
All that certain or parcel of land designated as Lot Number 25 on the plan of Subdivision for Xxxxxxx View and SITUATE in the Township of Penn, County of Xxxxxx, and Commonwealth of Pennsylvania, more particularly bounded and described as follows:
Beginning at a set iron pin on the Southern right-of-way line of Xxxxxxx View Court, said point being the Northeastern corner of Lot Number 26 of said subdivision. Thence along the said Southern right-of-way line of Xxxxxxx View Court North 85 degrees 58 minutes 00 seconds East a distance of 132.00 feet to a found iron pin. Thence along Lot Number 24 of said subdivision, South 04 degrees 02 minutes 00 seconds East a distance of 102.00 feet to a set iron pin. Thence along same and along Lot Number 23 of said subdivision North 85 degree 58 minutes 00 seconds East a distance of 184.00 feet to a set iron pin. Thence along Lot Number 22 of said subdivision, South 04 degrees 02 minutes 00 seconds East a distance of 84.40 feet to a found iron pin. Thence along land now or formerly of Xxxxx X. Xxxxx and Xxxxxx X. Xxxxx, South 03 degrees 32 minutes 50 seconds East a distance of 439.18 feet to a found iron pin. Thence along same, North 74 degrees 21 minutes 40 seconds West a distance of 758.65 feet to a found iron pin. Thence along Lot Number 30 of said subdivision, North 06 degrees 28 minutes 40 seconds East a distance 186.91 feet to a set iron pin. Thence along Lot Number 29 and Lot Number 28 of said subdivision, North 85 degrees 58 minutes 00 seconds East a distance of 128.24 feet to a set iron pin; thence along said Lot Number 28 of said subdivision, on an arc concave to the Southeast; having a radius of 77.00 feet, a chord bearing of North 51 degrees 48 minutes 20 seconds East, and a chord distance of 67.38 feet; an arc length of 69.74 feet to a set iron pin. Thence along same, North 04 degrees 02 minutes 00 seconds West a distance of 46.56 feet to a found cap pin. Thence along Lot Number 27 and Lot Number 26 of said subdivision, North 85 degrees 58 minutes 00 seconds East a distance of 184.00 feet to a found cap pin. Thence along said Xxx Xxxxxx 00, Xxxxx 00 degrees 02 minutes 00 seconds West a distance of 102.00 feet to the place of beginning.
County Tax Assessment Map Parcel Number 13-8-224-25
Being all of Lot Number 25 as shown on the plan of subdivision for Xxxxxxx View, prepared by Xxxxxx X. Xxxxxxxx &; sons, Inc. dated May 15, 2000, as revised on September 5, 2000, and recorded in Xxxxxx County Map File Number 3146; and as shown on the plan of subdivision for Xxxxxxx View, prepared by Xxxxxx X. Xxxxxxxx &; sons, Inc dated January 20, 1999, as Last Revised on May 7, 1999, and recorded in Xxxxxx County Map File Number 2939.
PREMISES (B)
ALL THAT CERTAIN lot or parcel of land designated as Lot Number 30 on the plan of
subdivision for Xxxxxxx view and SITUATE in the Township of Penn, County of Xxxxxx, and commonwealth of Pennsylvania, more particularly bounded and described as follows:
COMMENCING at a point on the Southwestern right-of-way line of State Route 1011 (SR1011), known as Salem Road, said point being located at a distance of 88.00 feet, more or less, as measured in a Northwesterly direction along the Southwestern right-of-way line of SR1011 from the projection of the centerline of Township Road 450 (T-450), known as Sunset Drive; thence South 03 degrees 26 minutes 00 seconds East a distance of 72.77 feet to a found iron pin; thence along lands owned now or formerly by Penn Township, and other lands now or formerly of Penn Township, South 85 degrees 58 minutes 00 seconds West a distance of 968.09 feet to a found iron pin; thence along said lands now or formerly of Penn Township South 85 degrees 55 minutes 00 seconds West a distance of 342.05 feet to a found iron pin, being the true point of beginning. Thence along Lot Number 1 of said subdivision, South 04 degrees 02 minutes 00 seconds East a distance of 143.90 feet to a point, a corner; thence along same, on an arc concave to the North; having a radius 75.00 feet, a chord bearing of North 75 degrees 34 minutes 40 seconds East, and a chord distance of 27.05 feet; an arc length of 27.20 feet to a point on the Westernmost terminus of the right-of-way line of Xxxxxxx View Court, on an arc concave to the East; having a radius of 60.00 feet, a chord bearing of South 07 degrees 12 minutes 20 seconds East, and a chord distance of 51.44 feet; an arc length of 53.16 feet to a point, a corner; thence along Lot Number 29 of said subdivision, on an arc concave to the North; having a radius of 125.0 feet, a chord bearing of South 79 degrees 09 minutes 10 seconds West, and a chord distance of 29.66 feet; an arc length of 29.73 feet to a point, a corner. Thence along same, South 85 degrees 58 minutes 00 seconds West a distance of 28.18 feet to a found iron pin. Thence along same, South 04 degrees 02 minutes 00 seconds East a distance of 144.20 feet to a set iron pin. Thence along Lot Number 25 of said subdivision, South 06 degrees 28 minutes 40 seconds West a distance of 186.91 feet to A 1 inch Pipe found. Thence along land now or formerly of Xxxxx X. Xxxxx and Xxxxxx X. Xxxxx, South 21 degrees 06 minutes 50 seconds West, a total distance of 894.88 feet to a set monument in the centerline of a railroad right-of-way. Thence in the centerline of said railroad right-of-way, along land now or formerly of Xxxxx X. Xxxxxxxx and Xxxx X. Xxxxxxxx, Trustees, on an arc concave to the Northeast; having a radius of 1350.00 feet, a chord bearing of North 38 degrees 01 minutes 40 seconds West, and a chord distance of 276.89 feet; an arc length of 277.38 feet to a point. Thence in and along same and along land now or formerly of Susquehanna Adventures, Inc., on an arc concave to the Northeast; having a radius of 1122.50 feet, a chord bearing of North 17 degrees 30 minutes 50 seconds West and a chord distance of 567.00 feet; an arc length of 573.21 feet to a set monument. Thence continuing in the centerline of said railroad right-of-way and along said land now or formerly of Susquehanna Adventures, Inc., North 02 degrees 53 minutes 00 seconds West a distance of 437.33 feet to a point. Thence in and along same, on an arc concave to the West; having a radius of 1100.00 feet, a chord bearing of North 05 degrees 50 minutes 00 seconds West, and a chord distance of 113.19 feet; an arc length of 113.24 feet to a point. Thence along land now or formerly of the Xxxxxxxx family limited partnership and along land and now or formerly of Penn Township, North 85 degrees 55 minutes 00 seconds East a distance of 724.31 feet to the place of beginning.
Being all of Lot Number 30 as shown on the plan of subdivision for Xxxxxxx view, prepared by Xxxxxx X. Xxxxxxxx &; sons, inc. dated May 15, 2000, as revised on September 5, 2000, and recorded in Xxxxxx County Map File Number 3146; and as shown on the plan of subdivision for
Xxxxxxx view, prepared by Xxxxxx X. Xxxxxxxx &; sons Inc. dated January 20, 1999, as last revised on May 7, 1999, and recorded in Xxxxxx County Map File Number 2939.
BEING THE SAME PREMISES which Xxxxxxx XX Assisted Living, L.L.C., an Oregon limited liability company by deed effective August 5, 2010 and recorded January 20, 2011 in the Office of the Recorder of Deeds, in and for Xxxxxx County, Pennsylvania in Record Book 885, Page 268, Instrument Number 201100359, granted and conveyed unto BRE/XX Xxxxxxx View LLC, a Delaware limited liability company.
BEING THE SAME PREMISES which Xxxxxx’x Selinsgrove, LLC by deed effective August 5, 2011 and recorded January 20, 2011 in the Office of the Recorder of Deeds, in and for Xxxxxx County, Pennsylvania in Record Book 885, Page 334, Instrument Number 201100360, granted and conveyed unto BRE/XX Xxxxxxx View LLC, a Delaware limited liability company.
BEING THE SAME PREMISES which Flaxel’s Selinsgrove, LLC. by deed effective August 5, 2010 and recorded January 20, 2011 in the Office of the Recorder of Deeds, in and for Xxxxxx County, Pennsylvania in Record Book 885, Page 417, Instrument Number 201100361, granted and conveyed unto BRE/XX Xxxxxxx View LLC, a Delaware limited liability company.
BEING THE SAME PREMISES which X. Xxxxx’x Selinsgrove, LLC by deed effective August 5, 2011 and recorded January 20, 2011 in the Office of the Recorder of Deeds, in and for Xxxxxx County, Pennsylvania in Record Book 885, Page 490, Instrument Number 201100362, granted and conveyed unto BRE/XX Xxxxxxx View LLC, a Delaware limited liability company.
BEING THE SAME PREMISES which Xxxxxx’x Selinsgrove, LLC by deed effective August 5, 2010 and recorded January 20, 2011 in the Office of the Recorder of Deeds, in and for Xxxxxx County, Pennsylvania in Record Book 885, Page 579, Instrument Number 201100363, granted and conveyed unto BRE/XX Xxxxxxx View LLC, a Delaware limited liability company.
The aforesaid five conveyances to BRE/XX Xxxxxxx View, LLC, a Delaware limited liability company were pursuant to the Bankruptcy Court Order entered July 19, 2010 in U.S. District Court Case No. 09-CV-6082-HO (United States District Court for the District of Oregon).
EXHIBIT A — CONTINUED
LEGAL DESCRIPTION
(Hawthorne Inn at Greenville Assisted Living Community)
ALL that certain lot of land situate, lying and being on the eastern side of Hawthorne Park Court in Greenville County, South Carolina, containing approximately 3.008 acres and shown as Lot 3 on a plat of survey entitled “Subdivision Plat of Hawthorne Park,” prepared by Xxxx Engineering & Surveying Co., Inc., dated June 3, 1998 and recorded in the Greenville County Records in Plat Book 37-W at Page 48. Reference is made to said survey, which is incorporated herein by reference, for a meter-and-bounds description of the premises.
EXHIBIT A — CONTINUED
LEGAL DESCRIPTION
(Heritage Place Senior Living Community)
A tract of land lying in and being part of the North Half (N/2) of the Northwest Quarter (NW/4) of Section 27, Township 17 North, Range 22 East of the Indian Meridian, Cherokee County, Oklahoma; said tract being more particularly described as follows:
COMMENCING at a Brass cap found for the Northwest corner of said NW/4; Thence (South 661.55 feet (D)), S 02°04’05” E on the West line of said NW/4, a distance of 663.52 feet (F) to a point on said West line; Thence (East 820.54 (D)), N 87°55’55” E perpendicular to said West line, a distance of 820.41 feet (F) to a 3/8” iron rod with cap found for the Northwest corner, said corner being the POINT OF BEGINNING; Thence (N 89°54’24” E 684.7 feet (D)), N 88°07’54” E a distance of 684.90 feet (F) to a 3/8” iron rod with cap found for the Northeast corner; Thence (S 0°15’02” E 330.0 feet (D)), S 02°02’56” E a distance of 329.95 feet (F) to a 3/8” iron rod with cap found for the Southeast corner; Thence (S 89°54’24” W 635.68 feet (D)), S 88°06’14” W a distance of 635.78 feet (F) to a 3/8” iron rod with cap found for the Southwest corner, said corner being a point of curvature; Thence on a curve to the left having a radius of (5229.94 feet, arc length of 66.46 feet, chord bearing N 8°24’18” W, chord length 66.45 feet (D)), 5229.94 feet, an arc length of 66.73 feet with a chord bearing of N 10°21’02” W and a chord length of 66.73 feet (F) to a point; Thence (N 8°46’08” W 267.31 feet (D)), N 10°32’38” W a distance of 267.31 feet (F) to the Point of Beginning.
EXHIBIT A — CONTINUED
LEGAL DESCRIPTION
(Lakeside Assisted Living Community)
Lot 6. SANTIAM STATION, in the City of Xxxxxxx, Xxxxxx County, Oregon.
Excepting therefrom the following described parcel:
Beginning at the SE corner of said Lot 6, thence North 90° 00’ 00” West along the South line of said Lot 6, a distance of 7.00 feet, thence North 03° 01’ 31” East, a distance of 132.63 feet; thence South 00° 00’ 00” West, a distance of 132.44 feet to the point of beginning.
EXHIBIT A — CONTINUED
LEGAL DESCRIPTION
(Lakeside Assisted Living Community and Cottages)
The Land referred to in this policy is described as follows:
Xxx 0, XXXXXXX XXXXXXX XXXXXXXXXXX, Xxxx xx Xxxxxxx, Xxxxxx Xxxxxx, Xxxxxx.
EXHIBIT A — CONTINUED
LEGAL DESCRIPTION
(Legacy Crossing, Emeritus at)
4. The Land referred to in this policy is described as follows:
A tract or parcel of land located on U.S. Highway 96 East and being situated within the 0xx Xxxxx Xxxxxxxx of Xxxxxxxxxx County, Tennessee described according to a survey by Xxxxx X. Xxxxxx, RLS #1493, Xxxxxx Engineering Company Inc., 0000 Xxxxxx Xxxxxx X, Xxxxxxxxx, Xxxxxxxxx 00000, dated May 4, 2000, as follows:
Beginning at an iron pin located in the southerly Margin of state Highway 96, said pin being at the northwest corner of the property conveyed to Xxx Xxxxxxx, Xxxxxx Xxxxx, Xxxx Xxxxx and Xxxx Akkinnenj, of record in Deed Book 1661, page 685, of the Register’s Office of Xxxxxxxxxx County, Tennessee:
Thence, leaving the southerly margin of State Highway 98 with the westerly margin of the Kaushal, Gupta, Xxxxx and Akkinnenj property, South 06°24’06” West passing an iron in located at the northwest corner of Maplewood, Section Five, Subdivision of record in Plat Book 9, page 147, of the Register’s Office of Xxxxxxxxxx County Tennessee, at 485.84 feet, a total distance of 754.74 feet to an iron pin;
Thence, with the northerly margin of Maplewood, Section Five, Subdivision, North 82°07’54” West, 343.51 feet to an iron pin;
Thence, with the easterly margin of Maplewood, Section Four, Subdivision of record in Plat Book 10, page 39, of the Register’s Office of Xxxxxxxxxx County, Tennessee, North 06°49’14” East, 203.81 feet to an iron Pin;
Thence, continuing with the northerly margin of Maplewood, Section Four, Subdivision, North 83°12’35” West, 49.93 feet to an iron pin located at the southeast corner of the property conveyed to the Lurtheran Church of St. Xxxxxx, of record in Deed Book 884, page 84, of the Register’s Office of Xxxxxxxxxx County, Tennessee;
Thence, leaving the northerly margin of said Maplewood, Section Four, Subdivision, with the easterly margin of the Lutheran Church of St. Xxxxxx property, North 06°49’14” East, 535.31 feet to an iron pin;
Thence, continuing along the east margin of the Lutheran Church of St. Xxxxxx property, along a curve to the left having a central angle of 86°02’48”, a radius of 25.00 feet and a chord bearing North 36° 12’ 11”
West, 34.11 feet, a total distance of 37.55 feet to an iron pin in the southerly margin of Xxxxx Xxxxxxx 00;
Thence, with the southerly margin of State Highway 96 along a curve with a central angle of 02°53’09”, a radius of 4,631.70 feet and a chord bearing of South 80°14’26” East, 233.26 feet a total distance of 233.28 feet to a Tennessee Department of Transportation concrete right-of-way monument;
Thence, South 81o41’00” East, 95.04 feet to an iron rod located near a disturbed Tennessee Department of Transportation concrete right-of-way monument;
Thence, South 82°22’45” East, 83.20 feet to the Point of Beginning.
Being the same property conveyed to BRE/SW Legacy Crossing LLC, a Delaware limited liability company, by Deeds recorded in Book 5122, page 799, Book 5122, page 854, Book 5122, page 914 and Book 5123, page 1, all in the Register’s Office of Xxxxxxxxxx County, Tennessee.
EXHIBIT A — CONTINUED
LEGAL DESCRIPTION
(Lexington Gardens Assisted Living Community)
Real property in the City of West Columbia, County of Lexington, State of South Carolina, described as follows:
All that certain piece, parcel, or tract of land [ILLEGIBLE], lying and being in the City of West Columbia, in the County of Lexington, State of South Carolina, and being more particularly shown and [ILLEGIBLE] on as ALTA/ACSM LAND TITLE SURVEY PREPARED FOR LEXINGTON GARDENS, L.L.C., MATRIX HEALTH CARE DEVELOPMENT, INC., XXXXXX FINANCIAL, INC., COLONIAL BANK, CHICAGO TITLE INSURANCE COMPANY, INC, by Site Consultants, Inc. dated May 2, 1997, has revised June 2, 1997, and according to said plat having the following boundaries and measurements, to wit:
Commencing at an iron at the intersection of XxXxxxx Drive (Frontage Road) and Spin off of Xxxxx Crest Drive (S-32-1586) being the point of Beginning, thence running along said right-of-way of the Spin off of Xxxxx Crest Drive (S-32-1586) N 89°39’07” E for 46.21’ to an iron; thence turning and running along property now or formerly of Xxxxxxx and Xxxxxx Xxxxx S 17°31’43” E for 135.65’ to an iron; thence turning and running along property now or formerly of Xxx X. Xxxxx S17°14’06” E for 99.91’ to an iron; thence turning and running along property now or formerly of Xxxxxx S 17°41’47” E for 99.90’ to an iron; thence turning and running along property now or formerly of Xxxxx S 17°29’39” E for 99.99’ to an iron; thence running along property now or formerly of J.R. Xxxxxxxxxx S 17°25’19” E for 38.95’ to an iron; thence turning and running along property now or formerly of Xxxxx X. Xxxxxx the following bearing and distances; S 59°15’46” W for 69.37’ to an iron, S 59°20’24” W for 39.93’ to an iron; thence turning and running along property now or formerly of Xxxxxx X. Xxxxxxx the following bearings and distances; N 30°43’05” W for 64.26’ to an iron, N 66°34’10” W for 243.93’ to an iron; thence turning and running along XxXxxxx Drive (Frontage Road) N 27°18’33” E for 16.99’ to a concrete right-of-way measurement; thence continuing along said right-of-way N 21°42’29 E for 183.50’ to a concrete right-of-way measurement; thence continuing along said right-of-way N 26°44’02” E for 191.38’ to an iron being the point of beginning. Said property having an area of 2.11 acres (91.807 SQ. FT.).
EXHIBIT A — CONTINUED
LEGAL DESCRIPTION
(The Village, Emeritus at)
(Manchester House)
Block Seven (7), of THE VINEYARD COTTAGES, SECTION 1, a Replat of a part of Block 1, The Vineyard, an Addition to the City of The Village, Oklahoma County, Oklahoma, as shown by the recorded plat thereof and Common Area D known as Champagne Blvd., as shown in Plat of The Vineyard Cottages, Section 1.
EXHIBIT A — CONTINUED
LEGAL DESCRIPTION
(Manor House, Emeritus at)
A piece of land lying in the Northeast quarter and Southeast quarter of Section 0, Xxxxxxxx 00 Xxxxx, Xxxxx 6 West, Willamette Meridian, Xxxxxxx County, Oregon, and being more particularly described as follows:
Beginning at a 5/8 inch iron rod at the Southwest corner of that land described in Recorder’s No. 75-2524, records of Xxxxxxx County, Oregon; thence South 0° 00’ 35” West 506.44 feet to a 5/8 inch iron rod on the Northerly right of way of Edenbower Blvd.; thence South 89° 28’ 48” East 346.85 feet along said right of way to a 5/8 inch iron rod; thence North 75° 35” 18’ East 41.10 feet to a 5/8" inch iron rod on the Westerly right of way line of the S.P. Railroad; thence along the Westerly right of way of the S.P. Railroad and the Westerly line of Hooker Road respectively North 5° 25’ 25” East 160.95 feet to a 5/8 inch iron rod; North 0° 27’ 20” West 198.63 feet to a 5/8 inch iron rod and North 0° 27’20” West 120.00 feet to a 5/8 inch iron rod on the Southerly boundary of that land described in Recorder’s No. 75-2524, records of Xxxxxxx County, Oregon; thence leaving said right of way lines North 89° 55’ 00” West 400.97 feet to the place of beginning.
Together with that portion of Hooker Road right of way which inured to said premises by vacation thereof.
EXHIBIT A — CONTINUED
LEGAL DESCRIPTION
(Meadowlark Assisted Living Community)
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF SISKIYOU, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
All that real property situate in the County of Siskiyou, State of California, described as follows:
Parcel A:
Parcel 1 as shown on the map entitled “Parcel Map for Parley and Xxxxxxxxx Xxxxxxx”, located in the Xxxxxx Addition in the City of Yreka in a portion of the South half of Section 27, Township 45 North, Range 7 West, M.D.M., flied for record in the Siskiyou County Recorder’s Office February 28, 1992 in Parcel Map Book 11, Page 63.
Also, all that portion of land in Xxxxxxx 00, Xxxxxxxx 00 Xxxxx, Xxxxx 0 Xxxx, X.X.X., Xxxxx of California, State of California, described as follows:
That certain strip of land lying southerly of the South right-of-way line of Xxxxx Street and westerly of the East boundary line of Rolling Ranch Subdivision, as both said street and boundary line are shown on that certain map recorded July 31, 1978 in Town Map Book 6, page 69 of Official Siskiyou County Records;
and bounded on the South and Southwest by the North line of Parcel 4B, as shown on the Parcel Map for Rhine Realty Inc., recorded January 13, 1978 in Parcel Map Book 5, Page 117 of Official Siskiyou County Records.
Excepting therefrom all that portion of the above described land lying easterly of the East line of Parcel 1 prolonged northerly to the South line of Xxxxx Street, said line shown on Parcel Map filed February 28, 1992, in Parcel Map Book 11, page 63 with the South line of Xxxxx Street referred to herein disclosed on Map of Rolling Ranch Subdivision filed July 31, 1978 in Town Map Book 6, page 68.
Parcel B:
Together with an easement for ingress, egress and public utilities as shown on said Parcel Map Book 11, page 63.
Parcel C:
Also together with an easement for the installation, maintenance, repair, and replacement of an underground sanitary sewer pipeline over the westerly 64 feet of the northerly 14 feet of Parcel 2 of that certain map entitled “Parcel Map for Parley & Xxxxxxxxx Xxxxxxx”, recorded February 28, 1992 in Book 11 of Parcel Maps at page 63 in the office of the Siskiyou County Recorder.
APN: 000-000-000, 000-000-000
EXHIBIT A — CONTINUED
LEGAL DESCRIPTION
(Monroe House Assisted Living Community)
All that certain lot or parcel of land, lying and being in Loudoun County, Virginia, with the appurtenances thereto, being Unit Xx. 0 xx Xxxxx 0, xx XXXXXXXXX XXXXXXX AT STERLING CONDOMINIUM, which unit is more specifically designated and described in the Declaration for Community Village at Sterling Condominium in Deed Book 1729 at page 855, as amended and restated in Amendment and Restatement of Condominium Instruments for Community Village at Sterling Condominium recorded in Deed Book 1781 at page 910 among the land records of the County of Loudoun, Virginia (the “Declaration”).
TOGETHER WITH those certain non-exclusive Cross-Easement for Use of Common Facilities for access, driveways and parking as contained in paragraph 4.4 for the Declaration for Community Village at Sterling Condominium recorded in Deed Book 1729, page 855, as amended by Amendment and Restatement of Condominium Instruments for Community Village at Sterling Condominium recorded in Deed Book 1781, page 910.
TOGETHER WITH the non-exclusive easements set forth within the Reciprocal Easement Agreement recorded in Deed Book 1808, page 781.
BEING the same real estate conveyed to BRE/XX Xxxxxx House LLC, a Delaware limited liability company by the the following deeds dated August 5, 2010, recorded August 20, 2010:
Instrument Nos. 20100818-0049010; 20100818-0049012; 20100818-0049013; 20100818-0049014; 20100818-0049015; 20100818-0049016; 20100818-0049017; 20100818-0049018; 20100818-0049019; 20100818-0049020; 20100818-0049021; 20100818-0049022; 20100818-0049023; 20100818-0049024; 20100818-0049025; 20100818-0049026.
EXHIBIT A — CONTINUED
LEGAL DESCRIPTION
(Northridge Place, Emeritus at)
A tract of land being Xxx 0, Xxxxx 0, Xxxxxxxxxx Xxxxxxxxxx Subdivision, a subdivision being part of the East half of the Northeast 1/4 of Section 27, Township 9 North, Range 16 West of the 6th P.M. Buffalo County, Nebraska, EXCEPT HOWEVER that part of Lot 2 being more particularly described as follows: Referring to the Southeast corner of Lot 1, Northridge Retirement Subdivision and assuming the East line of Xxx 0 xxx Xxx 0 xx xxxx Xxxxxxxxxx Retirement Subdivision as bearing South and all bearings contained herein are relative thereto; thence South on the East line of said Lot 2 a distance of 25.00 feet; thence S 89° 33’08”W and parallel with the North line of said Lot 1 a distance of 568.99 feet; thence North on a line being 17.29 feet westerly of as measured at right angles from the West line of said Lot 1 a distance of 459.49 feet to a point on the North line of said Lot 2; thence N 89° 33’08”E and on the North line of said Lot 2 a distance of 17.29 feet to the Northwest corner of said Lot 1; thence South on the West line of said Lot 1 a distance of 434.43 feet to the Southwest corner of said Lot 1 thence N 89° 33’08”E and on the South line of said Lot 1 a distance of 551.61 feet to the place of beginning.
EXHIBIT A — CONTINUED
LEGAL DESCRIPTION
(Oak Tree Village, Emeritus at)
Tracts of land in Fractional Section 33, Township 47 North, Range 4 East, in St. Xxxxxxx County, Missouri, bounded on the North by the South line of Gailwood Estates, a subdivision recorded in Plat Book 32, page 159 of the St. Xxxxxxx County Recorder’s Office and the South line of a tract of land now or formerly of Xxxxxx Xxxxxx Xxxxxxx and Xxxxx Xxxxxx by deed recorded in Xxxx 2120, page 181 of the St. Xxxxxxx County Recorder’s Office. East by the West line of Cave Springs Estates Plat 4, a subdivision recorded in Book 20, pages 74, 75 and 76 of the St. Xxxxxxx County Recorder’s Office, South by the North line of Xxxxxxx xxxx, 50 feet wide, and North line of property now or formerly of Xxxxxx Xxxxxxxx, Trustee of the Xxxxx Xxxxxxxxx Xxxxxxx Irrevocable trust by deed recorded in Book 1423, page 991 of the St. Xxxxxxx County Recorder’s Office, West by the East line of Xxxxxxxxxx Xxxx, 00 feet wide; the property being more particularly described as follows:
Beginning at a point in the Western line of aforementioned Xxxx Xxxxxxx Xxxxxxx Xxxx 0, Xxxxx 0 degrees 54’ 40” East, 133.00 feet from a found iron pipe at the Northwestern corner of Lot 265 of said subdivision, said beginning point being the Southeastern corner of aforementioned Xxxxxx Xxxxxx Xxxxxxx and Xxxxx Xxxxxx tract; thence along said Western line, South 0 degrees 54’ 40” East 367.00 feet to a found iron pipe; thence continuing along said Western line, South 14 degrees 29’ 15” West, 364.30 feet to a found iron pipe, at the Northeastern corner of aforementioned Xxxxxx Xxxxxxxx Tract; thence along the Northern line of said Xxxxxxxx tract, South 89 degrees 51’ 15” West, 337.89 feet to a found rebar at the Northwestern corner of said tract; thence along the Western line of said tract, South I degree 24’ 07” East, 149.99 feet to the Southwestern corner of said tract; thence along the Northern line of Xxxxxxx Lanes, 50 feet wide; South 89 degrees 55’ 50” West 265.67 feet to a found rebar; thence along the Eastern line of Xxxxxxxxxx Xxxx, 00 feet wide, North 0 degrees 32’ 25” East, 809.14 feet to a point of curve, thence Northwardly along an are of a curve to the left, having a radius of 2,011.54 feet, a distance of 184.85 feet, having a chord of North 2 degrees 05’ 32”. West, 184.78 feet, to a found rebar with a Cap LS2231; thence along the Southern line of aforementioned Gailwood Estates North 89 degrees 09’ 29” East, 482.27 feet to the Northwest corner of aforementioned Xxxxxxxx/Xxxxxx Tract; thence along the Western line of said tract, South 0 degrees 54’ 40” East, 133.00 feet to the Southwestern corner of said tract; thence along the Southern line of said tract North 89 degrees 09’ 29” East, 200.00 feet to the point of beginning.
EXHIBIT A — CONTINUED
LEGAL DESCRIPTION
(Peridot Assisted Living Community, The)
Parcel No. 1:
That portion of Lot 2 and the Southwest quarter of the Northeast quarter of Section 3, Township 13 North, Range 2 West of the Gila and Salt River Meridian, Yavapai County, Arizona, more particularly described as follows:
(Basis of bearing is North 89 degrees 18 minutes 00 seconds East, as per Park East Subdivision as recorded in Book 10 of Maps, page 32 on file in the Office of the Yavapai County Recorder and defined by a found GLO brass cap at the North one-quarter corner of said Section 3 and a found 1/2 inch rebar at the Northwest corner of said Park East Subdivision)
COMMENCING at a found 1/2 inch rebar at the Northwest corner of said Park East Subdivision, from whence a found GLO brass cap at the North one-quarter corner of said Section 3 bears South 89 degrees 18 minutes 00 seconds West, 717.49 feet;
THENCE South 42 degrees 20 minutes 38 seconds East, along the Southwesterly line of said Park East Subdivision, 853.33 feet to a found 3/8 inch rebar at the most Southerly corner of said Park East Subdivision, said point also being the TRUE POINT OF BEGINNING;
THENCE South 02 degrees 04 minutes 46 seconds West, 931.25 feet to a found 1/2 inch rebar at the Northeast corner of The Xxxxx Subdivision as recorded In Book 19 of Maps, page 87 on file in the Office of the Yavapai County Recorder;
THENCE South 38 degrees 19 minutes 01 seconds West, along the Northwesterly line of Lot 1 of said The Xxxxx Subdivision, 190.71 feet;
THENCE South 30 degrees 01 minutes 01 seconds West, along the Westerly line of said The Xxxxx Subdivision, 129.35 feet to a point on the Easterly right-of-way of Xxxxxxxx Drive as shown on Record of Survey, as recorded in Book 12 of Land Surveys, page 74, on file in the Office of the Yavapai County Recorder, said point also being the Southerly corner of a roadway and utility easement granted to the City of Prescott as recorded in Book 1045 of Official Records, page 195-196 on file in the Office of the Yavapai County Recorder, and a point of cusp at the beginning of a tangent curve of 109.00 foot radius, concave Southwesterly and having a radial bearing of North 59 degrees 58 minutes 59 seconds West;
THENCE Northwesterly, along said curve, through a central angle of 67 degrees 11 minutes 35 seconds, a distance of 127.83 feet to the Northwesterly corner of said roadway and utility easement;
THENCE South 77 degrees 02 minutes 59 seconds East, along the North line of said roadway and utility easement, 41.37 feet;
THENCE North 38 degrees 19 minutes 01 seconds East, 203.18 feet to a found 1/2 inch rebar (R.L.S. Cap No. 13941);
THENCE North 02 degrees 04 minutes 46 seconds East, 241.58 feet to a found 1/2 inch rebar (R.L.S. Cap No. 13941), said point being an angle point in the Northerly line of Parcel
EXHIBIT A — CONTINUED
LEGAL DESCRIPTION
(Peridot Assisted Living Community, The)
1, as recorded in Book 250 of Official Records, page 388 on file to the Office of the Yavapai County Recorder;
THENCE North 19 degrees 12 minutes 29 seconds West, along said Northerly line, 248.15 feet to a found 1/2 inch rebar (R.L.S. Cap No. 13941);
THENCE North 44 degrees 17 minutes 08 seconds West, along said Northerly line, 226.83 feet to a found 1/2 inch rebar (R.L.S. Cap No. 13941);
THENCE North 82 degrees 49 minutes 14 seconds West, along said Northerly line, 361.56 feet to a found 1/2 inch rebar;
THENCE North 89 degrees 31 minutes 53 seconds West, along said Northerly line, 187.58 feet to a found 1/2 inch rebar;
THENCE South 65 degrees 36 minutes 28 seconds West, along said Northerly line, 117.34 feet to a found 1/2 inch rebar and to a point on the Easterly right-of-way of Xxxxxxxx Drive as shown on Record of Survey, recorded in Book 12 of Land Surveys, page 73 on file in the Office of the Yavapai County Recorder;
THENCE North 02 degrees 18 minutes 18 seconds East, along said Easterly right-of-way, 7.57 feet to a found 1/2 inch rebar (R.L.S. Cap No. 22776) and to a Westerly deflection of said right-of-way;
THENCE North 73 degrees 35 minutes 49 seconds West, along said right-of-way, 122.60 feet, to a Northwesterly defection of said right-of-way;
THENCE North 36 degrees 10 minutes 07 seconds East, 158.80 feet;
THENCE North 71 degrees 50 minutes 00 seconds East, 232.08 feet;
THENCE North 90 degrees 00 minutes 00 seconds East, 125.75 feet;
THENCE North 34 degrees 16 minutes 12 seconds East, 169.83 feet;
THENCE North 71 degrees 50 minutes 00 seconds East, 194.97 feet;
THENCE South 64 degrees 55 minutes 32 seconds East, 374.11 feet to the TRUE POINT OF BEGINNING.
Parcel No. 2:
The easement rights benefiting the above-described property as set forth in that certain Declaration of Easement dated April 5, 2001 recorded in Book 3828 of Official Records, page 134 on file in the Office of the Yavapai County Recorder, which such easement parcel is more particularly described as follows:
That portion of Lot 2 and the Southwest quarter of the Northeast quarter of Section 3, Township 13 North, Range 2 West of the Gila and Salt River Meridian, Yavapai County, Arizona, more particularly described as follows:
EXHIBIT A — CONTINUED
LEGAL DESCRIPTION
(Peridot Assisted Living Community, The)
COMMENCING at the North one-quarter corner of said Section 3, a G.L.O. brass cap, (the basis of bearings for this description in North 89 degrees 18 minutes 00 seconds East, per Park East Subdivision as recorded In Book 10 of Maps, page 32, on file in the Office of the Yavapai County Recorder, as define by a found G.L.O. brass cap at the North one-quarter corner of said Section 3 and a found 1/2 inch rebar at the Northwest corner of said Park East Subdivision);
THENCE South 21 degrees 05 minutes 07 seconds East, 972.38 feet to the most Southwesterly corner of the lands of The Xxxxxxxx at Prescott, L.L.C., as described In instrument recorded in Book 3650 of Official Records, page 696, on file in the Office of the Yavapai County Recorder, being the TRUE POINT OF BEGINNING;
THENCE North 65 degrees 36 minutes 28 seconds East, 117.34 feet;
THENCE South 89 degrees 31 minutes 53 seconds East, 187.58 feet;
THENCE South 82 degrees 49 minutes 14 seconds East, 361.56 feet to the Xxxxxxxxx xxxxxx xx Xxx 0, Xxxxxxxx Xxxxxxx Subdivision;
THENCE South 06 degrees 12 minutes 54 seconds West, 62.83 feet to a point on the West line of said Lot 5;
THENCE North 54 degrees 57 minutes 34 seconds West, 11.12 feet;
THENCE North 57 degrees 15 minutes 28 seconds West, 61.29 feet;
THENCE South 85 degrees 10 minutes 34 seconds West, 41.31 feet;
THENCE South 88 degrees 04 minutes 41 seconds West, 40.43 feet;
THENCE North 84 degrees 19 minutes 59 seconds West, 52.29 feet;
THENCE South 80 degrees 56 minutes 57 seconds West, 43.33 feet;
THENCE North 63 degrees 11 minutes 43 seconds West, 28.04 feet;
THENCE North 77 degrees 06 minutes 42 seconds West, 64.94 feet;
THENCE South 89 degrees 51 minutes 37 seconds West, 53.78 feet;
THENCE South 87 degrees 36 minutes 48 seconds West, 42.37 feet;
THENCE South 39 degrees 00 minutes 33 seconds West, 24.35 feet;
THENCE North 80 degrees 04 minutes 11 seconds West, 42.68 feet;
THENCE South 79 degrees 02 minutes 50 seconds West, 42.72 feet;
THENCE North 86 degrees 21 minutes 20 seconds West, 33.81 feet;
EXHIBIT A — CONTINUED
LEGAL DESCRIPTION
(Peridot Assisted Living Community, The)
THENCE North 61 degrees 13 minutes 48 seconds West, 35.44 feet;
THENCE South 68 degrees 38 minutes 56 seconds West, 66.40 feet to a point on the East right-of-way of Xxxxxxxx Drive;
THENCE North 02 degrees 18 minutes 18 seconds East, along said right-of-way, 27.10 feet to the TRUE POINT OF BEGINNING.
Assessor’s Parcel Number. 110-04-141G
EXHIBIT A — CONTINUED
LEGAL DESCRIPTION
(Remington House Assisted Living)
LAND LYING AND BEING IN THE 13TH CIVIL DISTRICT OF XXXXXXXX COUNTY, TENNESSEE, AND FURTHER DESCRIBED AS FOLLOWS:
BEGINNING AT AN IRON PIN ON THE NORTHERLY SIDELINE OF ROCK SPRINGS ROAD, CORNER OF XXXXXX XXXXXXX PROPERTY; THENCE N. 40 DEGREES 13 MINUTES 05 SECONDS W., 328.30 FEET TO A POST, CORNER FOR XXXXXXX AND KING; THENCE N. 39 DEGREES 48 MINUTES 10 SECONDS W., 324.83 FEET TO AN IRON PIN, CORNER OF KING IN THE LINE OF XXXXXXXX COUNTY BOARD OF EDUCATION PROPERTY; THENCE N. 41 DEGREES 43 MINUTES 16 SECONDS E., 649.07 FEET TO AN IRON PIN; THENCE S. 39 DEGREES 55 MINUTES 17 SECONDS E. 687.59 FEET TO AN IRON PIN ON THE NORTHERLY SIDELINE OF ROCK SPRINGS ROAD; THENCE S. 42 DEGREES 49 MINUTE 49 SECONDS W., 486.97 FEET TO A POINT; THENCE S. 45 DEGREES 36 MINUTES 47 SECONDS W., 96.82 FEET TO A POINT; THENCE S. 58 DEGREES 29 MINUTES 58 SECONDS W., 62.22 FEET TO THE POINT OF BEGINNING, CONTAINING 10.02 ACRES, MORE OR LESS.
LESS AND EXCEPTED TO THE FOLLOWING PARCEL CONVEYED TO THE STATE OF TENNESSEE, DEPARTMENT OF TRANSPORTATION, BY DEED DATED THE 5TH DAY OF SEPTEMBER, 1991, OF RECORD IN THE REGISTER’S OFFICE FOR XXXXXXXX COUNTY, TENNESSEE AT BLOUNTVILLE IN BOOK 803C AT PAGE 60; BEGINNING AT A RIGHT OF WAY MARKER ON THE NORTHWEST PROPOSED UNCONTROLLED RIGHT OF WAY LINE, SAID MARKER LOCATED 35 FEET LEFT OF CENTERLINE STATION 75+57.04; THENCE WITH THE SAID PROPOSED UNCONTROLLED RIGHT OF WAY LINE NORTH 34 DEGREES 28 MINUTES EAST 147.29 FEET TO A RIGHT OF WAY MARKER LOCATED 45 FEET LEFT OF CENTERLINE STATION 77+07.04; THENCE NORTH 36 DEGREES 52 MINUTES EAST 200.20 FEET TO A RIGHT OF WAY MARKER LOCATED 45 FEET LEFT OF CENTERLINE STATION 79+07.24; THENCE NORTH 39 DEGREES 48 MINUTES EAST 215.19 FEET TO A POINT ON THE COMMON PROPERTY LINE BETWEEN XXXX XXX AND THE ORGIE XXXXXX XXXXX; THENCE WITH THE SAID PROPERTY LINE SOUTH 45 DEGREES 47 MINUTES 23 SECONDS EAST 30.22 FEET TO A POINT ON THE EXISTING XXXXXXXXX XXXXX XX XXX XXXX XX XXXX XXXXXXX XXXX; THENCE WITH THE SAID EXISTING RIGHT OF WAY LINE SOUTH 37 DEGREES 11 MINUTES WEST 323.59 FEET TO A TURN; THENCE SOUTH 37 DEGREES 12 MINUTES WEST 217.86 FEET TO A TURN; THENCE SOUTH 42 DEGREES 26 MINUTES WEST 49.98 FEET TO A TURN; THENCE SOUTH 52 DEGREES 14 MINUTES WEST 52.90 FEET TO A CORNER COMMON TO XXXXXX XXXXXXX; THENCE WITH THE XXXXXXX PROPERTY LINE NORTH 46 DEGREES 36 MINUTES WEST 32.24 FEET TO A POINT ON THE NORTHEAST PROPOSED UNCONTROLLED RIGHT OF WAY LINE; THENCE WITH THE SAID PROPOSED UNCONTROLLED RIGHT OF WAY ‘LINE NORTH 49 DEGREES 57 MINUTES EAST 83.01 FEET TO THE POINT OF BEGINNING, CONTAINING 0.537 ACRES, MORE OR LESS. THE ENTIRE DESCRIPTION OF BOTH PARCELS IS BASED UPON DESCRIPTIONS IN PRIOR DEEDS AND RECORDED INSTRUMENTS.
Being the same property conveyed to BRE/XX Xxxxxxxxx House LLC, a Delaware limited liability company, by deeds recorded in Book 2901C, page 145 and Book 2901C, page 197, Register’s Office of Xxxxxxxx County, Tennessee.
EXHIBIT A — CONTINUED
LEGAL DESCRIPTION
(River Valley, Emeritus at)
The Land referred to in this policy is described as follows:
A tract of land In the Southwest quarter of Section 19, Township 2 South, Range 1 East of the Willamette Meridian, in the City of Tualatin, County of Clackamas and State of Oregon, being more particularly described as follows:
Commencing at the Southwest corner of said Section 19, being marked by a brass disc; thence North 1°49’54” East along the West line of said Section 19, a distance of 2,183.71 feet; thence South 88°10’06” East at 90° to said West line, a distance of 20.00 feet to a point in the East right-of-way line of Meridian Road (S.W. 65th Ave. or County Road No. 591) and the point of beginning of the tract herein to be described, said point being marked by a 5/8-inch iron rod set by Xxxxxxx (P.L.S. No. 737), said point also marking the Southwest corner of the Xxxx Xxx Property as recorded on P.S. No. 22182 in Clackamas County Survey Records; thence from said point of beginning South 87°31’29” East along the South line of said Xxx Property, 680.00 feet; thence South 2°35’50” West, 434.15 feet; thence South 80°00’00” West, 274.43 feet to a point of curve to the right having a radius of 368.00 feet; thence along said curve through a central angle of 25°56’50” (said curve subtended by a chord which bears North 87°01’35” West, 165.23 feet) an arc length of 166.85 feet; thence North 74°03’10” West, 62.08 feet to a point of curve to the right having a radius of 5.00 feet; thence along said curve through a central angle of 76°47’50” (said curve subtended by a chord which bears North 36°39’15” West, 6.21 feet), an arc length of 6.70 feet to a point of reverse curve to the left having a radius of 157.00 feet; thence along said curve through a central angle of 90°54’47” (said curve subtended by a chord which bears North 42°42’43” West, 223.79 feet), an arc length of 249.12 feet to a point of reverse curve to the right having a radius of 5.00 feet; thence along said curve through a central angle of 90°00’00” (said curve subtended by a chord which bears North 43°10’06” West, 7.07 feet), an are length of 7.85 feet; thence North 88°10’06” West, 14.39 feet to a point in the East right-of-way line of said Meridian Road; thence along said right-of-way line North 1°49’54” East, 310.16 feet to the point of beginning.
SAVE AND EXCEPT that tract of land described in Deed to Clackamas County recorded January 28, 2004 as Recorder’s Fee No. 2004-008234.
TOGETHER WITH an ingress and egress easement described as follows:
A strip of land for ingress and egress purposes over and along Meridian Park Hospital Access Road situated in the Southwest quarter of Section 19, Township 2 South, Range 1 East of the Willamette Meridian, in the County of Clackamas and State of Oregon, being more particularly described as follows:
Commencing at a brass disc marking the Southwest corner of said Section 19; thence North 1°49’54” East along the West line of said Section, a distance of 1,836.55 feet; thence South 88°10’08” East, 20.00 feet to point of beginning of the tract herein to be described, said point of beginning being at the intersection of the centerline of the Meridian Park Hospital Access Road with the East right-of-way line of Meridian Road (S.W. 65th Avenue or County Road No. 591); thence from said point of beginning North 1°49’54” East along said right-of-way 21.22 feet to a point of curve to the left having a radius of 25.00 feet; thence along said curve through a central angle of 50°51’31” (said curve subtended by a chord which bears South 82°44’20” East, 21.47 feet), an arc length of 22.19 feet to a point of reverse curve to the right having a radius of 137.00 feet, thence along said curve through a central angle of 90°54’47” (said curve subtended by a chord which bears South 42°42’43” East. 195.28 feet), an arc length of 217.38 feet to a point of curve to the left having a radius of 25.00 feet; thence along said curve through a central angle of 76°47’51” (said curve subtended by a chord which bears South 35°39’15” East, 31.06 feet), an arc length of 33.51 feet; thence South 74°03’10” East, 62.08 feet to a point of curve to the left having a radius of 388.00 feet; thence along said curve through a central angle of 19°16’27” (said curve subtended by a chord which bears South 83°41’21” East, 129.91 feet), an arc length of 130.52 feet; thence along a radial line North 3°19’37” West, 20.00 feet to a point in the South line of a tract of land leased to the Assisted Living Community and a point on a curve to the left having a radius of 368.00 feet; thence along said arc through a central angle of 8°40’23” (said curve subtended by a chord which bears North 83°20’04” East, 42.84 feet), an arc length of 42.86 feet; thence departing said lease line and crossing said Access Road at right angles South 10°00’00” East, 44.00 feet to a point of curve to the right having a radius of 412.00 feet; thence along said curve through a central angle of
EXHIBIT A — CONTINUED
LEGAL DESCRIPTION
(River Valley, Emeritus at)
25°58’50” (said curve subtended by a chord which bears North 87°01’35” West, 184.99 feet, an arc length of 186.58 feet); thence North 74°03’10” West, 61.22 feet to a point of curve to the left having a radius of 25.00 feet (said curve subtended by a chord which bears South 64°37’00” West, 33.02 feet), an arc length of 36.07 feet; thence North 66°42’50” West, 24.00 feet; thence North 23°17’10” East, 16.44 feet to a point of curve to the left having a radius of 113.00 feet; thence along said curve through a central angle of 111°27’16” (said curve subtended by a chord which bears North 32°26’28” West, 188.76 feet), an arc length of 219.81 feet to a point of compound curve to the left having a radius of 25.00 feet; thence along said curve through a central angle of 50°51’30” (said curve subtended by a chord which bears South 66°24’09” West, 21.47 feet), an arc length of 22.19 feet to a point in the East right-of-way line of said Meridian Road; thence along said right-of-way line North 1°49’54” East, 21.22 feet to the point of beginning.
SAVE AND EXCEPT that tract described in Deed to County of Clackamas recorded January 28, 2004 as Recorder’s Fee No. 2004-006234.
ALSO TOGETHER WITH an ingress and egress easement described as follows:
A strip of land for ingress and egress purposes which lies between and is contiguous with an ingress-egress easement over and along Meridian Park Hospital Access Road and a tract of land leased to the Assisted Living Community, said strip of land being situated in the Southwest quarter of Section 19, Township 2 South, Range 1 East of the Willamette Meridian, in the County of Clackamas and State of Oregon, being more particularly described as follows:
Commencing at a brass disk marking the Southwest corner of said Section 19; thence North 1°49’54” East along the West line of said section, a distance of 1709.37 feet; thence at right angles South 88°10’06” East, 176.37 feet to a point of compound curve on said Access Road easement; thence along said easement on a curve to the left having a radius of 137.00 feet, through a central angle of 20°5’28” (said curve subtended by a chord which bears North 1°41’57” East, 5.00 feet), an arc length of 5.00 feel to the point of beginning of the tract herein to be described; thence from said point of beginning, continuing along said curve to the left having a radius of 137.00 feet, through a central angle of 18°06’43” (said curve subtended by a chord which bears North 8°25’09” West, 43.21 feet), an arc length of 43.39 feet; thence radially departing said Access Road easement North 72°30’29” East, 20.00 feet to a point in a curve on the perimeter of said Assisted Living Community Tract; thence along said curve to the right having a radius of 157.00 feet, through a central angle of 16°08’43” (said curve subtended by a chord which bears South 8°25’09” East, 49.51 feet), an arc length of 49.72 feet; thence radially departing said Assisted Living Community Tract, North 89°20’47” West 20.00 feet to the point of beginning.
EXHIBIT A — CONTINUED
LEGAL DESCRIPTION
(Rose Terrace Assisted Living Community)
Land situated in Shelby County, Tennessee:
Fee Parcel:
Lot 1 of the Ventas Realty Subdivision as recorded in Plat Book 176, Page 62, being the Atria Assisted Living, Primacy, L.L.C., property as recorded in instrument number KU 1734, both on record in the Shelby County Register’s Office and being more particularly described as follows:
Commencing at the intersection of the centerline of Xxxxxxxx Road and the centerline of Primacy Parkway; thence South 89 degrees 56 minutes 10 seconds West along the centerline of said Primacy Parkway a distance of 837.02 feet to a point of curvature; thence Northwestwardly along said centerline and along a curve to the right having a radius of 400.00 feet, an arc length of 371.69 feet to a point; thence South 53 degrees 07 minutes 03 seconds West a distance of 45.00 feet to a point in the southwesterly right-of-way line of Primacy Parkway, the point of beginning for the following described property; thence South 44 degrees 51 minutes 32 seconds West a distance of 30.88 feet to a point of curvature; thence southwestwardly and along a curve to the left having a radius of 41.99 feet, a chord bearing of South 21 degrees 29 minutes 23 seconds West, a chord length of 33.50 feet and an arc length of 34.46 feet to a point; thence South 86 degrees 19 minutes 14 seconds West a distance of 268.52 feet to a point; thence South 00 degrees 29 minutes 24 seconds East a distance of 106.03 feet to a point; thence South 89 degrees 30 minutes 36 seconds West a distance of 11.16 feet to a point; thence South 00 degrees 29 minutes 24 seconds East a distance of 50.73 feet to a point; thence North 89 degrees 30 minutes 36 seconds East a distance of 2.80 feet to a point; thence South 00 degrees 29 minutes 24 seconds East a distance of 12.50 feet to a point; thence South 89 degrees 30 minutes 36 seconds West a distance of 2.80 feet to a point; thence South 00 degrees 29 minutes 24 seconds East a distance of 261.69 feet to a found iron pin in the north line of the trustees of the Security Capital Real Estate Fund property (Inst. No. W1 9050); thence South 89 degrees 30 minutes 36 seconds West along the north line of said Security Capital property a distance of 134.21 feet to a found iron pin in the east line of the Amisub (Saint Xxxxxxx Hospital) Inc. property (Inst. No. EJ 0205); thence North 00 degrees 27 minutes 29 seconds West along the east line of said Amisub Inc. property a distance of 452.91 feet to a found concrete monument, an internal corner of said Amisub Inc. property; thence North 86 degrees 19 minutes 14 seconds East along a southerly line of said Amisub Inc. property a measured distance of 405.23 feet (call = 405.64’) to a found iron pin, an internal corner of said Amisub Inc. property; thence North 00 degrees 10 minutes 59 seconds West along an easterly line of said Amisub Inc. property a distance of 93.96 feet to a found iron pin in the westerly right-of-way line of said Primacy Parkway; thence Southeastwardly along said westerly right-of-way line and along a curve to the left having a radius of 445.00 feet, a chord bearing of South 31 degrees 33 minutes 24 seconds East, a chord distance of 82.61 feet and an arc length of 82.73 feet to the point of beginning.
EXHIBIT A — CONTINUED
LEGAL DESCRIPTION
(Rose Terrace Assisted Living Community)
Easement Parcel:
Easement created by plat recorded in Plat Book 176, Page 62, in the Register’s Office of Shelby County, Tennessee, located on Lot 2 and described on the plat as 22’ wide ingress/egress easement, described as follows:
Commencing at the intersection of the centerline of Xxxxxxxx Road and the centerline of Primacy Parkway; thence South 89 degrees 56 minutes 10 seconds West along tile centerline of said Primacy Parkway a distance of 837.02 feet to a point of curvature; thence Northwestwardly along said centerline along a curve to the right having a radius of 400.00 feet an arc length of 371.69 feet to a point; thence South 53 degrees 07 minutes 03 seconds West a distance of 45.00 feet to a point in the southwesterly right-of-way of Primacy Parkway, the point of beginning for the property described herein; thence South 44 degrees 51 minutes 32 seconds West a distance of 30.88 feet to a point of curvature; thence Southwestwardly and along a curve to the left having a radius of 41.99 feet, a chord bearing and distance of South 21 degrees 29 minutes 23 seconds West -33.50 feet and an arc length of 34.46 feet to a point; thence South 86 degreases 19 minutes 14 seconds West a distance of 268.52 feet to a point; thence South 00 degrees 29 minutes 24 seconds East a distance of 22.03 feet to a point; thence North 86 degrees 19 minutes 14 seconds East a distance of 277.59 feet to a point; thence North 46 degrees 19 minutes 58 seconds East a distance of 66.56 feet to a point in the southwesterly line of said Primacy Parkway; thence Northwestwardly along said Primacy Parkway along a curve to the left having a radius of 445.00 feet, a chord bearing and distance of North 39 degrees 15 minutes 26 seconds West - 36.88 feet, and an arc length of 36.89 feet to the point of beginning
EXHIBIT A — CONTINUED
LEGAL DESCRIPTION
(Clearlake, Emeritus at)
(Rosemont at Clearlake)
3,630 acres out of and a part of Restricted Reserve “B” in Block 1, BAY POINTE SECTION ONE REPLAT RESERVE “B”, according to the map or plat thereof recorded under Film Code No. 379006 of the Map Records of Xxxxxx County, Texas. Said 3,630 acres being more particularly described by metes and bounds as follows:
Being 3.630 acres (158,137 square feet) of land situated in the Xxxx Xxxxxxxx Survey, Abstract 800, Xxxxxx County, Texas, and the August Whltlook Survey, Abstract 792, Xxxxxx County, Texas, and being out of Restricted Reserve “B” in the Replat of BAY POINTE, SECTION ONE, UNRESTRICTED RESERVE “B”, a subdivision recorded under Film Code Number 379005 of the Xxxxxx County Map Records; said 3.630 acres (158,137 square feet) of land being more particularly described by metes and bounds as follows (all bearings are referenced to the Texas Coordinate System, South Central Zone, based on the monumented east line of said Restricted Reserve “B”);
COMMENCING at a 5/8 inch iron rod set for the most southerly corner of Restricted Reserve “C” out of Bay Pointe, Section One, a subdivision recorded under Film Code Number 350147 of the Xxxxxx County Map Records, and being the most easterly corner of said Restricted Reserve “B”, and being in the northwest right-of-way line of Clear Lab City Boulevard, varying in width and recorded as “Clear Lake City Boulevard, Section One” under Film Code Number 348075 of the Xxxxxx County Map Records;
THENCE N 26°48’17” W 158.30 feet to a 3/8 inch iron rod found for an angle point in the southwest line of said Restricted Reserve “C”, same being an angle point in the northeast line of said Restricted Reserve “B”;
THENCE N 10°48’38” W 151°46 feet, with the southwest line of said Restricted Reserve “C”, same being the northeast, line of said Restricted Reserve “B”, to a 5/8 inch iron rod set for the PLACE OF BEGINNING and the most easterly corner of the herein described tract of land;
THENCE S 54°59’07” W 379.11 feet to a 5/8 inch iron rod set for the most southerly corner of this tract and being in the southwest line of said Restricted Reserve “B”, same being the northeast right-of-way line of Bay Pointe Court, based on 60 feet in width;
THENCE N 41°10’14” W 67.34 feet, with the southwest line of said Restricted Reserve “B”, same being the northeast right-of-way line of said Bay Pointe Court, to a 5/8 inch iron rod set for the beginning of a curve;
THENCE 21.68 feet, with the arc of a curve to the right in the southwest line of said Unrestricted Reserve “B”, same being the northeast right-of-way line of said Bay Pointe Court, whose chord bears N 16°19’ 50” W 21.00 feet and having a central angle of 49°40’47” and a radius of 25.00 feet, to a 5/8 inch iron rod set for a point of reverse curve;
THENCE 146.27 feet, with the are of a curve to the left in the northeast right-of-way line of said Bay Pointe Court whose chord bears N 61°19’50” W 112.65 feet and having a central angle of 139°40’48” and a radius of 60.00 feet, to a 5/8 inch iron rod set for a corner in the southwest line of said Restricted Reserve “B”, same being the most xxxxxxxx xxxxx of Restricted Reserve “A” in said Raplat of Bay Pointe, Section One, Unrestricted Reserve “B”, and being a corner in the southwest line of this tract;
THENCE N 41°10’14” W 150.00 feet to a 5/8 inch iron rod set for the most westerly corner of said Restricted Reserve “B”, same being the most northerly corner of said Restricted Reserve “A” and being the most westerly corner of this tract, and also being in the southeast line of that certain 180-foot wide Xxxxxx County Flood Control District fee strip, called the Realignment of Horsepen Bayou, recorded under File Number H905968 and Film Code 000-00-0000 of the Xxxxxx County Official Public Records of Real Property;
THENCE N 54°59’07” E 540.64 feet, with the southeast line said 180-foot wide fee strip, to a 5/8 inch iron rod found for the most westerly corner of said Restricted Reserve “C”; same being the most northerly corner of said Restricted Reserve “B”, and being the most northerly corner of this tract;
THENCE S 35°00’53” E 125.58 feet to a 5/8 inch iron rod found for an angle point in the southwest line of said Restricted Reserve “C”, same being the northeast line of said Restricted Reserve “B”, and being an angle paint in the northeast line of this tract;
THENCE S 10°48’38”E 231.75 feet to the POINT OF BEGINNING and containing 3.630 acres (158,137 square feet) of land.
EXHIBIT A — CONTINUED
LEGAL DESCRIPTION
(Sequoia Springs Assisted Living Community)
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF FORTUNA, COUNTY OF HUMBOLDT, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:
Xxx 00X xx Xxxxx Xxx Xx. 000, xxx Xxxxxxxxxxx Xxxxxxx, on file in the Office of the County Recorder of Humboldt County in Book 22 of Maps, Pages 108 and 109.
APN: 202-082-057-000
EXHIBIT A — CONTINUED
LEGAL DESCRIPTION
(Sequoia Springs Cottages)
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF FORTUNA, COUNTY OF HUMBOLDT, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:
PARCEL ONE
Xxx 00X xx Xxxxx Xxx Xx. 000, xxx Xxxxxxxxxxx Xxxxxxx, on file in the Office of the County Recorder of Humboldt County in Book 22 of Maps, Pages 108 and 109.
PARCEL TWO
A 25 foot wide access easement, the same as described in that certain “Easement Agreement” by and between Fortuna Assisted Living LLC and Xxxxxx X. Xxxx and Xxxxxxx X. Xxxx and recorded February 8, 2001 in the Office of the Humboldt County Recorder under Recorder’s Instrument No. 0000-0000-0, Humboldt County Records
APN: 202-082-058-000
EXHIBIT A — CONTINUED
LEGAL DESCRIPTION
(Spring Creek Gardens, Emeritus at)
Lot 5R, Block A of Replat of Xxxx 0, 0 & 0, Xxxxx X, Xxxxxxx Xxxx 0, an addition to the City of Plano, Collin County, Texas, according to the plat thereof recorded in Volume L, Page 401, Map Records, Collin County, Texas.
EXHIBIT A — CONTINUED
LEGAL DESCRIPTION
(Statesman Club Retirement Community)
Block Six (6), of THE VINEYARD COTTAGES, SECTION 1, a Replat of a part of Block 1, The Vineyard, an Addition to the City of The Village, Oklahoma County, Oklahoma, as shown by the recorded plat thereof and Common Area D known as Champagne Blvd., as shown in Plat of The Vineyard Cottages, Section 1.
EXHIBIT A — CONTINUED
LEGAL DESCRIPTION
(Stonebridge Specialty Care Community)
THE LAND REFERRED TO HEREIN IS SITUATED IN THE COUNTY OF Xxxxx, STATE OF Washington, AND IS DESCRIBED AS FOLLOWS.
Parcel I
Real property being a portion of Lot 11 of JAGGY HOMESTEAD LOTS, according to the plat thereof, recorded in Book B of Plats, at Page 12, records of Xxxxx County, Washington, in the Southeast quarter of the Northwest quarter of Xxxxxxx 00, Xxxxxxxx 0 Xxxxx, Xxxxx 0 Xxxx, Xxxxxxxxxx Meridian, in the City of Vancouver, Xxxxx County, Washington, described as follows:
Beginning at the Southeast corner of that parcel of land conveyed to Xxxxxx X. Province and Xxxxx X. Province by deed recorded under Auditor’s File No. 7803140086, deed records of said County, said point also being on the North right of way line of N. E. Vancouver Mall Drive, 30 feet from the centerline, as shown on Book 43 of Surveys at Page 112, said point also being a point on an arc with a 1939.86 foot radius curve; thence along the South line of said Province parcel and said North right of way line and along said curve to the left, from a tangent bearing of South 78°47’05” West, through a central angle of 00°56’02”, an arc distance of 31.62 feet to a point of tangency; thence continuing along the South line of said Province parcel and said North right of way line South 77°51’03” West 364.97 feet; thence leaving said right of way line North 01°49’42” East 342.91 feet to a point on the South right of way line of N. E. 51st Street as shown on said Survey, said point being 30 feet from the centerline of said Street when measured as right angles; thence along said right of way line South 88°55’08” East 385.07 feet to the Northwest corner of said Province parcel; thence along the East line of said Province parcel South 01°51’32” West 252.39 feet to the Point of Beginning.
Parcel II
An easement over real property for a storm water facility, described as follows:
Beginning at the Southwest corner of the above described parcel; thence along the North right of way line of said N. E. Vancouver Mall Drive South 77°51’03” West 126.94 feet; thence leaving said North right of way line North 00°08’31” West 37.55 feet; thence North 83°15’58” East 125.87 feet to a point on the West line of said parcel; thence along said West line South 01°49’42” West 25.60 feet to the Point of Beginning.
EXHIBIT A — CONTINUED
LEGAL DESCRIPTION
(Riverstone, Emeritus at)
(Terrace at Riverstone)
All that tract or parcel of land lying and being in Land Xxx 000 xx xxx 00xx Xxxxxxxx, 0xx Xxxxxxx xx Xxxxxxxx Xxxxxx, Georgia, and being more particularly described as follows:
Begin at the mitred intersection of the rights-of-way of Xxxxxxxxx College Parkway (westerly R/W) and Riverstone Terrace (Southern R/W); proceed along the Southern right-of-way of Riverstone Terrace 181.77° to an iron pin set (1/2” rebar), said point being the true Point of Beginning. Thence from said True Point of Beginning
Proceed South 00 degrees 01 minutes 47 seconds East 105.33 to an iron pin set (1/2” rebar),
Thence proceed South 38 degrees 22 minutes 30 seconds East 149.45’ to an iron pin found (1” open top Pipe),
Thence proceed South 27 degrees 51 minutes 23 seconds West 95.44’ to an iron pin set (1/2” rebar).
Thence proceed South 27 degrees 46 minutes 18 seconds West 75.08’ to an iron pin set (1/2” rebar),
Thence proceed South 25 degrees 52 minutes 10 seconds West 80.10’ to an iron pin found (3/4” crimped top pipe),
Thence proceed North 72 degrees 00 minutes 14 seconds West 305.18 to an iron pin set (1/2” rebar),
Thence proceed North 00 degrees 00 minutes 00 seconds East 350.91’ to an iron pin set (1/2” rebar),
Thence proceed North 89 degrees 58 minutes 02 seconds East 311.95’ to an iron pin set (1/2” rebar),
Said Point being the true Point of Beginning.
Said tract being 3.18 acres and being known as Parcel A, as shown and further described on a Plat of survey from the Oaks at Riverstone, L.L.C. by Xxxxx X. Xxx & Assoc. Inc., dated October 20, 2004.
AS SURVEYED LEGAL DESCRIPTION:
All that tract or parcel of land lying and being in Land Xxx 000 xx xxx 00xx Xxxxxxxx, 0xx Xxxxxxx xx Xxxxxxxx Xxxxxx, Georgia, and being more particularly described as follows:
Commencing at the mitered intersection of the rights of way of Xxxxxxxxx College Parkway (westerly R/W) and Riverstone Terrace (Southerly R/W), then proceed along the Southerly right
of way of Riverstone Terrace for 171.77 feet to a pin set (1/2 inch re-bar) set at the POINT OF BEGINNING; then leaving said right-of-way, proceed South 00 degrees 01 minutes 47 seconds East for 105.33 feet to a (1/2 inch re-bar) set; then South 38 degrees 22 minutes 30 seconds East for 149.45 feet to a (1/2 inch re-bar) set; then South 27 degrees 51 minutes 23 seconds West for 95.44 feet to a point; then South 27 degrees 46 minutes 18 seconds West for 75.08 feet to a point; then South 25 degrees 52 minutes 10 seconds West 80.10 feet to a (1/2 inch open top pipe) found; then North 72 degrees 00 minutes 14 seconds West 312.22 feet to a (1/2” rebar) set; then North 01 degrees 05 minutes 59 seconds East 348.80 feet to a (1/2” rebar) set on the southerly right-of-way of Riverstone Terrace; then North 89 degrees 58 minutes 02 seconds East 311.95 feet to the (1/2” rebar) set at the Point of Beginning.
Said Tract of Parcel contains 3.203 acres of land, more or less, along with all improvements thereon and as shown on the survey by Xxxxxxx-Xxxxxx Group (file 07004) dated January 30, 2007 and is the same property shown on the survey for The Oaks at Riversone, LLC by Xxxxx X. Xxx & Associates, Inc. dated September 28, 2005.
Parcel II:
Easements as set forth in that certain Easement Agreement between Xxxxxx-Xxxxxx Canton, L.L.C., a Georgia limited liability company and The Oaks at Riverstone, LLC, a Georgia limited liability company, dated September 20, 2004, filed for record January 7, 2005, and recorded in Deed Book 7627, Page 56, Cherokee County, Georgia records.
EXHIBIT A — CONTINUED
LEGAL DESCRIPTION
(Palms Assisted Living and Memory Care Center, The)
(The Palms)
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF ROSEVILLE, COUNTY OF PLACER, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
Parcel 9B of Parcel Map filed for record in the office of the recorder of Placer County, California on May 29, 1996 in Book 28 of Parcel Maps, at Page 110, Placer County Records.
APN: 457-070-002-000
EXHIBIT A — CONTINUED
LEGAL DESCRIPTION
(Springfield - The Woodside, Emeritus at)
(Woodside Village)
Parcel 1 of LAND PARTITION PLAT NO. 98-P1192, as filed November 10, 0000, Xxxx Xxxxxx Xxxxxx Xxxx Xxxxxxx, Xxxx Xxxxxx, Xxxxxx.
EXHIBIT A — CONTINUED
LEGAL DESCRIPTION
(Hermiston Terrace Assisted Living Residence)
The Southeast Quarter of the Southwest Quarter of the Southwest Quarter of Xxxxxxx 00, Xxxxxxxx 0 Xxxxx, Xxxxx 00, Xxxx of the Willamette Meridian, Umatilla County, Oregon;
EXCEPTING THEREFROM that portion lying within the right of way of SW 0xx Xxxxxx xxx Xxxx Xxxxxxxx Xxxxxx;
ALSO EXCEPTING THEREFROM that tract of land conveyed to Highland Avenue Baptist Church by Deed recorded in Book 305, Page 329, Umatilla County Deed Records;
ALSO EXCEPTING THEREFROM that tract of land conveyed to Xxxxx X Xxxxxx, et al by Deed recorded in Reel 126, Page 2051, Umatilla County Microfilm Records;
ALSO including the West 339.6 feet of the South 152 feet of Northeast Quarter of Southwest Quarter of Southwest Quarter of said Xxxxxxx 00, Xxxxxxxx 0 Xxxxx, Xxxxx 00, Xxxx of the Willamette Meridian, Umatilla County, Oregon, EXCEPTING THEREFROM the East 30 feet and the North 50 feet thereof.
SUBJECT TO any and all water rights of way and roads.
EXHIBIT A-2
(List of Pool 2 Facilities, Facility Description and Primary Intended Use, Fixed and Extended Terms, and Initial Annual Allocated Minimum Rent and Allocated Initial Investment)
[See attached.]
Exhibit A-2
EXHIBIT A-2
(List of Pool 2 Facilities, Facility Description and Primary Intended Use, Fixed and Extended Terms, and Initial Annual Allocated Minimum Rent and Allocated Initial Investment)
|
Stable
|
Lease Term
|
Initial Annual
Allocated
Minimum
|
Allocated
Initial
|
||||||||||||||||||||||||
|
ID#
|
Facility
Name
|
Address
|
City
|
State
|
Lessor
|
Total
Units
|
/ Non-
Stable
|
Primary Intended Use
|
Initial*
|
1st
Extension
|
2nd
Extension
|
Rent (in
$MM)
|
Investment
(in $MM)
|
||||||||||||||
|
Lease Pool 2 Facilities
|
|||||||||||||||||||||||||||
| 000 |
Xxxxxx Xxxxx
|
3720 N Xxxxxx St
|
Xxxxxx
|
OR
|
HCP SH ELP2 Properties, LLC
|
72 | [ | ***] |
00-xxxx xxxxxxx, 00-xxxx Xxxxxxxxx’s care and such other uses necessary or incidental to such use
|
15 Years
|
10 Years
|
8 Years
|
[ | ***] | [ | ***] | |||||||||||
| 583 |
Alpine Springs
|
0000 X Xxxxxx Xx
|
Xxxxxx
|
XX
|
HCP SH ELP1 Properties, LLC
|
70 | [ | ***] |
70-unit assisted living care and such other uses necessary or incidental to such use
|
15 Years
|
10 Years
|
8 Years
|
[ | ***] | [ | ***] | |||||||||||
| 559 |
Brentmoor
|
0000 00Xx Xx XX
|
Xxxxx
|
XX
|
HCP SH ELP2 Properties, LLC
|
85 | [ | ***] |
85-unit assisted living care and such other uses necessary or incidental to such use
|
15 Years
|
10 Years
|
8 Years
|
[ | ***] | [ | ***] | |||||||||||
| 534 |
Brookside
|
0000 Xxx Xxxxxxxx Xxxx Xx
|
Xxxxxx
|
XX
|
HCP SH ELP2 Properties, LLC
|
61 | [ | ***] |
48-unit assisted living care, 13-unit Alzheimer’s care and such other uses necessary or incidental to such use
|
15 Years
|
10 Years
|
8 Years
|
[ | ***] | [ | ***] | |||||||||||
| 623 |
Canyonview Estates
|
0000 Xxxxxxx Xxxx
|
Xxxxxxxx
|
XX
|
HCP SH ELP2 Properties, LLC
|
132 | [ | ***] |
73-unit independent living, 59-unit assisted living care and such other uses necessary or incidental to such use
|
15 Years
|
10 Years
|
8 Years
|
[ | ***] | [ | ***] | |||||||||||
| 594 |
Chehalem Springs
|
0000 Xxxxx Xxxxxx
|
Xxxxxxx
|
XX
|
HCP SH ELP2 Properties, LLC
|
107 | [ | ***] |
24-unit cottage, 83-unit assisted living care and such other uses necessary or incidental to such use
|
15 Years
|
10 Years
|
9 Years and 11 Months
|
[ | ***] | [ | ***] | |||||||||||
| 558 |
Xxxxxxxxx
|
000 Xxxxxxxx Xxxx Xx
|
Xxxxxxxxxxx
|
XX
|
HCP SH ELP2 Properties, LLC
|
135 | [ | ***] |
29-unit independent living, 86-unit assisted living care, 20-unit Alzheimer’s care and such other uses necessary or incidental to such use
|
15 Years
|
10 Years
|
8 Years
|
[ | ***] | [ | ***] | |||||||||||
| 636 |
Cliff View
|
000 X 0000 Xxxxx Xxx
|
Xxxxx Xxxxxx
|
XX
|
HCP SH ELP2 Properties, LLC
|
75 | [ | ***] |
47-unit assisted living care, 28-unit Alzheimer’s care and such other uses necessary or incidental to such use
|
15 Years
|
10 Years
|
8 Years
|
[ | ***] | [ | ***] | |||||||||||
| 000 |
Xxxxxxx Xxxxxxx
|
000 Xxxxxxxxx Xxx
|
Xxxxxxx
|
XX
|
HCP SH ELP2 Properties, LLC
|
56 | [ | ***] |
16-unit cottage, 40-unit assisted living care and such other uses necessary or incidental to such use
|
15 Years
|
10 Years
|
8 Years
|
[ | ***] | [ | ***] | |||||||||||
| 581 |
Eagle Cove
|
000 Xxxx Xx
|
Xxxxx Xxxxx
|
OR
|
HCP SH ELP2 Properties, LLC
|
78 | [ | ***] |
16-unit independent living, 62-unit assisted living care and such other uses necessary or incidental to such use
|
15 Years
|
10 Years
|
8 Years
|
[ | ***] | [ | ***] | |||||||||||
* Initial Term shall commence on October 31, 2012 and expire on September 30, 2027.
Portions of this exhibit that have been marked by [***] have been omitted pursuant to a request for confidential treatment and filed separately with the Securities and Exchange Commission.
EXHIBIT A-2
(List of Pool 2 Facilities, Facility Description and Primary Intended Use, Fixed and Extended Terms, and Initial Annual Allocated Minimum Rent and Allocated Initial Investment)
|
Stable
|
Lease Term
|
Initial Annual
Allocated
Minimum
|
Allocated
Initial
|
||||||||||||||||||||||||
|
ID#
|
Facility
Name
|
Address
|
City
|
State
|
Lessor
|
Total
Units
|
/ Non-
Stable
|
Primary Intended Use
|
Initial*
|
1st
Extension
|
2nd
Extension
|
Rent (in
$MM)
|
Investment
(in $MM)
|
||||||||||||||
| 000 |
Xxxxx Xxxxxxx
|
000 X Xxxxxxx Xx
|
Xxxxxxx Xxxxx
|
XX
|
HCP SH ELP2 Properties, LLC
|
82 | [ | ***] |
82-unit assisted living care and such other uses necessary or incidental to such use
|
15 Years
|
10 Years
|
8 Years
|
[ | ***] | [ | ***] | |||||||||||
| 649 |
Englewood Heights
|
0000 Xxxx Xx
|
Xxxxxx
|
XX
|
HCP SH ELP2 Properties, LLC
|
93 | [ | ***] |
73-unit assisted living care, 20-unit Alzheimer’s care and such other uses necessary or incidental to such use
|
15 Years
|
10 Years
|
8 Years
|
[ | ***] | [ | ***] | |||||||||||
| 542 |
Flint River
|
000 Xxxxx Xxxxx Xx
|
Xxxxx
|
XX
|
HCP SH ELP2 Properties, LLC
|
36 | [ | ***] |
36-unit Alzheimer’s care and such other uses necessary or incidental to such use
|
15 Years
|
10 Years
|
8 Years
|
[ | ***] | [ | ***] | |||||||||||
| 000 |
Xxxxxxxx Xxxxx
|
000 Xxxxxxxx Xx
|
Xxxxxx
|
XX
|
HCP SH ELP2 Properties, LLC
|
84 | [ | ***] |
84-unit assisted living care and such other uses necessary or incidental to such use
|
15 Years
|
10 Years
|
8 Years
|
[ | ***] | [ | ***] | |||||||||||
| 611 |
Hawthorne Inn at Hilton Head
|
00 Xxxx Xx
|
Xxxxxx Xxxx Xxxxxx
|
XX
|
HCP Senior Housing Properties Trust
|
90 | [ | ***] |
51-unit independent living, 39-unit assisted living care and such other uses necessary or incidental to such use
|
15 Years
|
10 Years
|
8 Years
|
[ | ***] | [ | ***] | |||||||||||
| 563 |
Heartland Park
|
000 Xxxxxxxxx Xxxx Xx
|
Xxxxxx
|
XX
|
HCP SH ELP2 Properties, LLC
|
97 | [ | ***] |
43-unit independent living, 54-unit assisted living care and such other uses necessary or incidental to such use
|
15 Years
|
10 Years
|
5 Years
|
[ | ***] | [ | ***] | |||||||||||
| 593 |
Heron Pointe
|
504 Xxxxx Street E
|
Monmouth
|
OR
|
HCP SH ELP2 Properties, LLC
|
61 | [ | ***] |
61-unit assisted living care and such other uses necessary or incidental to such use
|
15 Years
|
10 Years
|
8 Years
|
[ | ***] | [ | ***] | |||||||||||
| 664 |
Heron Pointe Cottages
|
504 Xxxxx St E
|
Monmouth
|
OR
|
HCP SH ELP2 Properties, LLC
|
10 | [ | ***] |
10-unit cottage and such other uses necessary or incidental to such use
|
15 Years
|
10 Years
|
9 Years and 11 Months
|
[ | ***] | [ | ***] | |||||||||||
| 000 |
Xxxxxxx Xxxx Xxxxxxx
|
0000 Xxxxxxx Xx
|
Xxxxx Xxxxxxxx Xxxxx
|
XX
|
HCP SH ELP2 Properties, LLC
|
50 | |||||||||||||||||||||