Xxxxxxxxx, Xx. who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature /s/ X. Xxxxx (Seal) EXHIBIT A Legal Description REAL PROPERTY IN THE CITY OF MINNEAPOLIS, COUNTY OF HENNEPIN, STATE OF MINNESOTA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL 1: XXXXXX X, X, X, X, X, X, X AND J, REGISTERED LAND SURVEY NO. 1797, HENNEPIN COUNTY, MINNESOTA. TORRENS PROPERTY CERTIFICATE OF TITLE NO. 1362521 PARCEL 2: EASEMENT TO CONSTRUCT, RECONSTRUCT, REPAIR, MAINTAIN, USE AND OBTAIN ACCESS OVER, ACROSS AND THROUGH THE SKYWAYS (AS DEFINED IN THE AGREEMENT, AS HEREINAFTER DEFINED) AS SET FORTH IN THAT CERTAIN SIXTH SKYWAY AGREEMENT, DATED AS OF FEBRUARY 27, 1992, RECORDED MARCH 31, 1992 AS ABSTRACT DOCUMENT NO. 5893893 AND RECORDED MAY 7, 1992 AS TORRENS DOCUMENT NO. 2248394 (THE “AGREEMENT”); AS AMENDED BY AMENDMENT TO SIXTH STREET SKYWAY AGREEMENT, DATED AS OF JANUARY 31, 2013, RECORDED JANUARY 31, 2013 AS DOCUMENT NOS. A9902192 AND T5038757. PARCEL 3: NON-EXCLUSIVE EASEMENT (A) FOR THE SUPPORT, MAINTENANCE, REPAIR, RECONSTRUCTION AND REMOVAL OF THE SKYWAY BRIDGE (AS DEFINED IN THE AGREEMENT, AS HEREINAFTER DEFINED), INCLUDING ALL NECESSARY CONNECTIONS OF THE SKYWAY BRIDGE TO THE SIXTH AND NICOLLET BUILDING (AS DEFINED IN THE AGREEMENT), (B) WITHIN THE SKYWAY BRIDGE FOR THE PURPOSES OF PEDESTRIAN ACCESS AND PASSAGE THROUGH THE SKYWAY BRIDGE AND REASONABLE INCIDENTAL USES, AND (C) OVER THE SIXTH AND NICOLLET INTERIOR CORRIDOR (AS DEFINED IN THE AGREEMENT) CONNECTING THE SKYWAY BRIDGE TO CITY CENTER (AS DEFINED IN THE AGREEMENT) AND OTHER STREETS AND OTHER SKYWAYS IN OR ADJACENT TO THE SIXTH AND NICOLLET BUILDING FOR PEDESTRIAN ACCESS AND PASSAGE, ALL AS SET FORTH IN THAT CERTAIN AMENDED AND RESTATED SKYWAY AGREEMENT, DATED AS OF OCTOBER 27, 2000, RECORDED OCTOBER 5, 2001 AS DOCUMENT NOS. 7554047 AND 3442897 (THE “AGREEMENT”). PARCEL 4: THE BENEFITS OF THE EASEMENTS AS CONTAINED IN EASEMENT AND CONSTRUCTION AGREEMENT DATED JUNE 6, 1989, RECORDED JUNE 28, 1989 AS ABSTRACT DOCUMENT NO. 5548948 AND RECORDED JULY 5, 1989 AS DOCUMENT NO. 2023731; AS AMENDED BY FIRST AMENDMENT TO EASEMENT AND CONSTRUCTION AGREEMENT, DATED MAY 9, 2014, RECORDED JULY 31, 2014 AS DOCUMENT NO. T5188720. PARCEL 5: THE BENEFITS OF THE EASEMENTS AS CONTAINED IN EASEMENT AND CONSTRUCTION AGREEMENT DATED JUNE 6, 1989, RECORDED JUNE 28, 1989 AS ABSTRACT DOCUMENT NO. 5548949 AND RECORDED JULY 5, 1989 AS DOCUMENT NO. 2023732; AS AMENDED BY FIRST AMENDMENT TO EASEMENT AND CONSTRUCTION AGREEMENT DATED APRIL 24, 2007, RECORDED MAY 8, 2007 AS TORRENS DOCUMENT NO. 4384031. PARCEL 6: BENEFITS OF THE EASEMENTS SET FORTH IN THAT CERTAIN DECLARATION OF EASEMENTS AND COVENANTS, DATED AS OF JANUARY 31, 2013, RECORDED JANUARY 31, 2013 AS TORRENS DOCUMENT NO. T5038758; AS AMENDED BY FIRST AMENDMENT TO DECLARATION OF EASEMENT AND COVENANTS, DATED FEBRUARY 21, 2014, RECORDED MARCH 7, 2014 AS DOCUMENT NO. T5156506; AS FURTHER AMENDED BY SECOND AMENDMENT TO DECLARATION OF EASEMENT AND COVENANTS, DATED MAY 9, 2014, RECORDED JULY 31, 2014 AS DOCUMENT NO. T5188532.
Appears in 1 contract
Samples: Easement and Construction Agreement (KBS Real Estate Investment Trust III, Inc.)
Xxxxxxxxx, Xx. who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/aresubscribed to the within instrument and acknowledged to me that he/she/they executed the same inhis/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument theperson(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature /s/ Xxxxxxx Xxxxxx Xxxxxxxx (Seal) ADMINISTRATIVE AGENT: BANK OF AMERICA, N.A., a national banking association, as Administrative Agent By: /s/ Xxxxx XxXxxx Name: Xxxxx XxXxxx Title: Senior Vice President ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ORANGE On 11/01/2021 before me, XXXXX XXXXXX , Notary Public, (insert name and title of the officer) personally appeared XXXXX XXXXXX who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature /s/ X. Xxxxx Xxxxxx (Seal) EXHIBIT A Legal Description REAL PROPERTY IN THE CITY OF MINNEAPOLISEMERYVILLE, COUNTY OF HENNEPINALAMEDA, STATE OF MINNESOTACALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: TRACT A: (Submerged Parcel) PARCEL 3. PARCEL MAP 1535, FILED JULY 16, 1975, IN MAP BOOK 87, PAGE 88, ALAMEDA COUNTY RECORDS. EXCEPTING THEREFROM, THAT PORTION THEREOF DESCRIBED IN PARCEL 1A IN THE AMENDED FINAL ORDER OF CONDEMNATION ENTERED AUGUST 19, 1992, IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA, IN AND FOR THE COUNTY OF ALAMEDA, CASE NO. 641062-5, A CERTIFIED COPY OF WHICH RECORDED AUGUST 19, 1992, SERIES NO. 92-272591, OFFICIAL RECORDS OF SAID ALAMEDA COUNTY. TRACT B: INTENTIONALLY OMITTED TRACT C: (Tower II) PARCEL ONE: PARCEL 2, PARCEL MAP 2426, FILED FEBRUARY 21, 1978 IN MAP BOOK 101, PAGE 41, ALAMEDA COUNTY RECORDS. PARCEL TWO: AN EASEMENT, APPURTENANT TO PARCEL 2 OF SAID PARCEL MAP 2426, CONVEYED TO TOWER II, A CALIFORNIA LIMITED PARTNERSHIP, BY GRANT OF EASEMENT DATED MAY 18, 1978, RECORDED MAY 24, 1978, IN REEL 5406, IMAGE 111, OFFICIAL RECORDS OF SAID ALAMEDA COUNTY, FOR INGRESS AND EGRESS BY EMERGENCY VEHICLES OF GOVERNMENTAL ENTITIES OVER A PORTION OF PARCEL 1, PARCEL MAP 1179, FILED MAY 22, 1973, IN BOOK 79 OF MAPS, PAGE 59, ALAMEDA COUNTY RECORDS. PARCEL THREE: XXXXXX X, X, X, X, X, X, X NONEXCLUSIVE EASEMENTS FOR PARKING AND J, REGISTERED LAND SURVEY NO. 1797, HENNEPIN COUNTY, MINNESOTA. TORRENS PROPERTY CERTIFICATE OF TITLE NO. 1362521 PARCEL 2: EASEMENT TO CONSTRUCT, RECONSTRUCT, REPAIR, MAINTAIN, USE VEHICULAR AND OBTAIN ACCESS OVER, ACROSS PEDESTRIAN INGRESS AND THROUGH THE SKYWAYS (EGRESS AS DEFINED IN THE AGREEMENT, AS HEREINAFTER DEFINED) AS SET FORTH GRANTED IN THAT CERTAIN SIXTH SKYWAY AGREEMENT“DECLARATION OF RECIPROCAL EASEMENTS WATERGATE OFFICE TOWERS” RECORDED AUGUST 4, DATED 2000. AS OF FEBRUARY 27, 1992, RECORDED MARCH 31, 1992 AS ABSTRACT DOCUMENT INSTRUMENT NO. 5893893 2000-232335, AND RECORDED MAY 7, 1992 AS TORRENS DOCUMENT NO. 2248394 (THE “AGREEMENT”); AS AMENDED BY AMENDMENT TO SIXTH STREET SKYWAY AGREEMENT, DATED AS OF JANUARY 31, 2013, RECORDED JANUARY 31, 2013 AS DOCUMENT NOS. A9902192 AND T5038757. PARCEL 3: NON-EXCLUSIVE EASEMENT (A) FOR THE SUPPORT, MAINTENANCE, REPAIR, RECONSTRUCTION AND REMOVAL OF THE SKYWAY BRIDGE (AS DEFINED IN THE AGREEMENT, AS HEREINAFTER DEFINED), INCLUDING ALL NECESSARY CONNECTIONS OF THE SKYWAY BRIDGE TO THE SIXTH AND NICOLLET BUILDING (AS DEFINED IN THE AGREEMENT), (B) WITHIN THE SKYWAY BRIDGE FOR THE PURPOSES OF PEDESTRIAN ACCESS AND PASSAGE THROUGH THE SKYWAY BRIDGE AND REASONABLE INCIDENTAL USES, AND (C) OVER THE SIXTH AND NICOLLET INTERIOR CORRIDOR (AS DEFINED IN THE AGREEMENT) CONNECTING THE SKYWAY BRIDGE TO CITY CENTER (AS DEFINED IN THE AGREEMENT) AND OTHER STREETS AND OTHER SKYWAYS IN OR ADJACENT TO THE SIXTH AND NICOLLET BUILDING FOR PEDESTRIAN ACCESS AND PASSAGE, ALL AS SET FORTH IN THAT CERTAIN AMENDED AND RESTATED SKYWAY AGREEMENT, DATED AS OF OCTOBER 27, 2000, RECORDED OCTOBER 5, 2001 AS DOCUMENT NOS. 7554047 AND 3442897 (THE “AGREEMENT”). PARCEL 4: THE BENEFITS OF THE EASEMENTS AS CONTAINED IN EASEMENT AND CONSTRUCTION AGREEMENT DATED JUNE 6, 1989, RECORDED JUNE 28, 1989 AS ABSTRACT DOCUMENT NO. 5548948 AND RECORDED JULY 5, 1989 AS DOCUMENT NO. 2023731; AS AMENDED BY FIRST AMENDMENT TO EASEMENT AND CONSTRUCTION AGREEMENT, DATED MAY 9, 2014, RECORDED JULY 31, 2014 AS DOCUMENT NO. T5188720. PARCEL 5: THE BENEFITS OF THE EASEMENTS AS CONTAINED IN EASEMENT AND CONSTRUCTION AGREEMENT DATED JUNE 6, 1989, RECORDED JUNE 28, 1989 AS ABSTRACT DOCUMENT NO. 5548949 AND RECORDED JULY 5, 1989 AS DOCUMENT NO. 2023732; AS AMENDED BY FIRST AMENDMENT TO EASEMENT AND CONSTRUCTION AGREEMENT DATED APRIL 24, 2007, RECORDED MAY 8, 2007 AS TORRENS DOCUMENT NO. 4384031. PARCEL 6: BENEFITS OF THE EASEMENTS SET FORTH IN THAT CERTAIN DECLARATION OF EASEMENTS AND COVENANTS, DATED AS OF JANUARY 31, 2013, RECORDED JANUARY 31, 2013 AS TORRENS DOCUMENT NO. T5038758; AS AMENDED BY FIRST AMENDMENT TO DECLARATION OF EASEMENT AND COVENANTSRECIPROCAL EASEMENTS WATERGATE OFFICE TOWERS” RECORDED JANUARY 16, DATED 2007 AS INSTRUMENT NO. 2007026642, OF OFFICIAL RECORDS. TRACT D: (Tower III) PARCEL ONE: PARCEL 3, PARCEL MAP 2426, FILED FEBRUARY 21, 20141978, IN MAP BOOK 101, PAGE 41, ALAMEDA COUNTY RECORDS. PARCEL TWO: AN EASEMENT, APPURTENANT TO PARCEL 3 OF SAID PARCEL MAP 2426, CONVEYED TO F. XXXXXX XXXXXXX BY XXXXX OF EASEMENT DATED MAY 18, 1978, RECORDED MARCH 7MAY 24, 2014 1978, IN REEL 5406, IMAGE 119, OFFICIAL RECORDS OF SAID ALAMEDA COUNTY, FOR INGRESS AND EGRESS BY EMERGENCY VEHICLES OF GOVERNMENTAL ENTITIES OVER A PORTION OF PARCEL 1, PARCEL MAP 1179, FILED MAY 22, 1973, IN BOOK 79 OF MAPS, PAGE 59, ALAMEDA COUNTY, MORE PARTICULARLY DESCRIBED THEREIN. PARCEL THREE: NONEXCLUSIVE EASEMENTS FOR PARKING AND VEHICULAR AND PEDESTRIAN INGRESS AND EGRESS AS DOCUMENT GRANTED IN THAT CERTAIN “DECLARATION OF RECIPROCAL EASEMENTS WATERGATE OFFICE TOWERS” RECORDED AUGUST 4, 2000 AS INSTRUMENT NO. T5156506; 2000-232335, AND AS FURTHER AMENDED BY SECOND THAT CERTAIN “FIRST AMENDMENT TO DECLARATION OF EASEMENT AND COVENANTSRECIPROCAL EASEMENTS WATERGATE OFFICE TOWERS” RECORDED JANUARY 16, DATED MAY 9, 2014, RECORDED JULY 31, 2014 2007 AS DOCUMENT INSTRUMENT NO. T5188532.2007026642, OF OFFICIAL RECORDS. TRACT E: NON-EXCLUSIVE EASEMENT(S), AS AN APPURTENANCE TO TRACTS A, B, C, AND D DESCRIBED ABOVE, FOR VEHICULAR AND PEDESTRIAN TRAFFIC OVER THE LANDS DESCRIBED IN THE “RECIPROCAL EASEMENT AGREEMENT” RECORDED JANUARY 20, 1976, REEL 4232, IMAGE 222, INSTRUMENT NO. 76-8732, OFFICIAL RECORDS. APN: 049-1495-003-02 (TRACT A), 000-0000-000 (TRACT C) AND 000-0000-000 (TRACT D)
Appears in 1 contract
Samples: Security Agreement (KBS Real Estate Investment Trust III, Inc.)
Xxxxxxxxx, Xx. who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed aresubscribed to the within instrument and acknowledged to me that he/she/they executed the same in hisinhis/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(stheperson(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature /s/ X. Xxxxx (Seal) AGENT: U.S. BANK NATIONAL ASSOCIATION, a national banking association, By: /s/Xxxxxxxxxxx Xxxxxx Name: Xxxxxxxxxxx Xxxxxx Title: SVP SMRH:4890-7842-5504 [Signature Page to Third Modification (Short Form)] ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of CaliforniaCounty of Orange) On February 5, 2024 before me, iilandia xxxxxxx xxxxxxxx, notary public (insert name and title of the officer)personally appeared Xxxxxxxxxxx Xxxxxx ,who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/aresubscribed to the within instrument and acknowledged to me that he/she/they executed the same inhis/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument theperson(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature /s/ Iilandia Xxxxxxx Xxxxxxxx (Seal) EXHIBIT A Legal Description REAL PROPERTY IN THE CITY OF MINNEAPOLISLEGAL DESCRIPTION That certain real property located in Travis County, COUNTY OF HENNEPINTexas, STATE OF MINNESOTAmore particularly described as follows: TRACT 1 (Bank of America Land): All of Lots 4, MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL 1: XXXXXX X, X, X, X, X, X, X AND J, REGISTERED LAND SURVEY NO. 1797, HENNEPIN COUNTY, MINNESOTA. TORRENS PROPERTY CERTIFICATE OF TITLE NO. 1362521 PARCEL 2: EASEMENT TO CONSTRUCT, RECONSTRUCT, REPAIR, MAINTAIN, USE AND OBTAIN ACCESS OVER, ACROSS AND THROUGH THE SKYWAYS (AS DEFINED IN THE AGREEMENT, AS HEREINAFTER DEFINED) AS SET FORTH IN THAT CERTAIN SIXTH SKYWAY AGREEMENT, DATED AS OF FEBRUARY 27, 1992, RECORDED MARCH 31, 1992 AS ABSTRACT DOCUMENT NO. 5893893 AND RECORDED MAY 7, 1992 AS TORRENS DOCUMENT NO. 2248394 (THE “AGREEMENT”); AS AMENDED BY AMENDMENT TO SIXTH STREET SKYWAY AGREEMENT, DATED AS OF JANUARY 31, 2013, RECORDED JANUARY 31, 2013 AS DOCUMENT NOS. A9902192 AND T5038757. PARCEL 3: NON-EXCLUSIVE EASEMENT (A) FOR THE SUPPORT, MAINTENANCE, REPAIR, RECONSTRUCTION AND REMOVAL OF THE SKYWAY BRIDGE (AS DEFINED IN THE AGREEMENT, AS HEREINAFTER DEFINED), INCLUDING ALL NECESSARY CONNECTIONS OF THE SKYWAY BRIDGE TO THE SIXTH AND NICOLLET BUILDING (AS DEFINED IN THE AGREEMENT), (B) WITHIN THE SKYWAY BRIDGE FOR THE PURPOSES OF PEDESTRIAN ACCESS AND PASSAGE THROUGH THE SKYWAY BRIDGE AND REASONABLE INCIDENTAL USES, AND (C) OVER THE SIXTH AND NICOLLET INTERIOR CORRIDOR (AS DEFINED IN THE AGREEMENT) CONNECTING THE SKYWAY BRIDGE TO CITY CENTER (AS DEFINED IN THE AGREEMENT) AND OTHER STREETS AND OTHER SKYWAYS IN OR ADJACENT TO THE SIXTH AND NICOLLET BUILDING FOR PEDESTRIAN ACCESS AND PASSAGE, ALL AS SET FORTH IN THAT CERTAIN AMENDED AND RESTATED SKYWAY AGREEMENT, DATED AS OF OCTOBER 27, 2000, RECORDED OCTOBER 5, 2001 AS DOCUMENT NOS. 7554047 AND 3442897 (THE “AGREEMENT”). PARCEL 4: THE BENEFITS OF THE EASEMENTS AS CONTAINED IN EASEMENT AND CONSTRUCTION AGREEMENT DATED JUNE 5 and 6, 1989Block 56, RECORDED JUNE 28of the Original City of Xxxxxx, 1989 AS ABSTRACT DOCUMENT NO. 5548948 AND RECORDED JULY 5Xxxxxx County, 1989 AS DOCUMENT NO. 2023731; AS AMENDED BY FIRST AMENDMENT TO EASEMENT AND CONSTRUCTION AGREEMENTTexas, DATED MAY 9, 2014, RECORDED JULY 31, 2014 AS DOCUMENT NO. T5188720. PARCEL 5: THE BENEFITS OF THE EASEMENTS AS CONTAINED IN EASEMENT AND CONSTRUCTION AGREEMENT DATED JUNE 6, 1989, RECORDED JUNE 28, 1989 AS ABSTRACT DOCUMENT NO. 5548949 AND RECORDED JULY 5, 1989 AS DOCUMENT NO. 2023732; AS AMENDED BY FIRST AMENDMENT TO EASEMENT AND CONSTRUCTION AGREEMENT DATED APRIL 24, 2007, RECORDED MAY 8, 2007 AS TORRENS DOCUMENT NO. 4384031. PARCEL 6: BENEFITS OF THE EASEMENTS SET FORTH IN THAT CERTAIN DECLARATION OF EASEMENTS AND COVENANTS, DATED AS OF JANUARY 31, 2013, RECORDED JANUARY 31, 2013 AS TORRENS DOCUMENT NO. T5038758; AS AMENDED BY FIRST AMENDMENT TO DECLARATION OF EASEMENT AND COVENANTS, DATED FEBRUARY 21, 2014, RECORDED MARCH 7, 2014 AS DOCUMENT NO. T5156506; AS FURTHER AMENDED BY SECOND AMENDMENT TO DECLARATION OF EASEMENT AND COVENANTS, DATED MAY 9, 2014, RECORDED JULY 31, 2014 AS DOCUMENT NO. T5188532according to the Plat on file at the General Land Office of the State of Texas.
Appears in 1 contract
Samples: Advance and Third Modification Agreement (KBS Real Estate Investment Trust III, Inc.)
Xxxxxxxxx, Xx. who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. .I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. .WITNESS my hand and official seal. Signature /s/ X. Xxxxx (Seal) 20180237443 EXHIBIT A Legal Description REAL PROPERTY IN THE CITY OF MINNEAPOLISTEMPE, COUNTY OF HENNEPINMARICOPA, STATE OF MINNESOTAARIZONA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL NO. 1: XXXXXX X, X, X, X, X, XXXX 0X XX XXXXXXXXXXXX XXX 0, X AND JREPLAT OF LOT 7, REGISTERED LAND SURVEY FOUNTAINHEAD CORPORATE PARK AMENDED, ACCORDING TO THE PLAT OF SAID SUBDIVISION RECORDED IN BOOK 864 OF MAPS, PAGE 8 OF THE RECORDS OF MARICOPA COUNTY, ARIZONA; EXCEPT THAT PORTION THAT WAS CONVEYED IN INSTRUMENT RECORDED AS RECORDING NO. 17972008-1071568 OF OFFICIAL RECORDS, HENNEPIN MORE PARTICULARLY DESCRIBED AS FOLLOWS: THAT PORTION OF XXX 0X, XXXXXXXXXXXX XXX 0 XXXXXX, XXXXXXXXX TO BOOK 864 OF MAPS, PAGE 8, RECORDS OF MARICOPA COUNTY, MINNESOTAARIZONA, LOCATED IN THE NORTHEAST QUARTER (NE 1/4) OF SECTION 29, TOWNSHIP 1 NORTH, RANGE 4 EAST, GILA AND SALT RIVER MERIDIAN, MARICOPA COUNTY, ARIZONA, DESCRIBED AS FOLLOWS: COMMENCING AT A 3/8” IRON BAR 1 FOOT BELOW GROUND TAGGED “RLS 42014” MARKING THE CENTER OF SAID SECTION 29, BEING SOUTH 89 DEGREES 40 MINUTES 03 SECONDS WEST, 2676.43 FEET FROM A CITY OF TEMPE (COT) BRASS CAP IN HAND HOLE LABELED GDAC 64022-1, MARKING THE EAST QUARTER CORNER OF SAID SECTION 29; THENCE ALONG THE EAST-WEST MIDSECTION LINE OF SAID SECTION 29, NORTH 89 DEGREES 40 MINUTES 03 SECONDS EAST, 799.18 FEET TO THE EXISTING EASTERLY RIGHT OF WAY LINE OF INTERSTATE HIGHWAY 10 (PHOENIX - CASA GRANDE HIGHWAY); THENCE ALONG SAID EXISTING EASTERLY RIGHT XX XXX XXXX, XXXXX 00 DEGREES 35 MINUTES 19 SECONDS EAST, 201.01 FEET; THENCE CONTINUING ALONG SAID EXISTING EASTERLY RIGHT OF WAY LINE, FROM A LOCAL TANGENT BEARING OF NORTH 01 DEGREES 00 MINUTES 23 SECONDS WEST ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 3969.72 FEET, A LENGTH OF 354.65 FEET TO THE SOUTHWEST CORNER OF SAID XXX 0X XXX XXX XXXXX XX XXXXXXXXX; THENCE CONTINUING ALONG SAID EXISTING EASTERLY RIGHT OF WAY LINE ALSO BEING THE WESTERLY LINE OF SAID XXX 0X, XXXX X XXXXX XXXXXXX XXXXXXX XX XXXXX 00 DEGREES 07 MINUTES 31 SECONDS WEST ALONG SAID 20180237443 CURVE TO THE LEFT, HAVING A RADIUS OF 3969.72 FEET, A LENGTH OF 186.29 FEET; THENCE CONTINUING ALONG SAID XXXXXXXX XXXX XX XXX 0X, XXXXX 00 DEGREES 37 MINUTES 35 SECONDS EAST, 101.07 FEET; THENCE CONTINUING ALONG SAID WESTERLY LINE, FROM A LOCAL TANGENT BEARING OF NORTH 08 DEGREES 36 MINUTES 18 SECONDS WEST, ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 4069.72 FEET, A LENGTH OF 200.40 FEET; THENCE CONTINUING ALONG SAID WESTERLY LINE, NORTH 89 DEGREES 38 MINUTES 42 SECONDS EAST, 13.02 FEET; THENCE FROM A LOCAL TANGENT BEARING OF SOUTH 11 DEGREES 22 MINUTES 44 SECONDS EAST, ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 4082.72 FEET, A LENGTH OF 386.66 FEET TO THE SOUTHERLY LINE OF SAID LOT 7A; THENCE ALONG SAID SOUTHERLY LINE, SOUTH 89 DEGREES 40 MINUTES 03 SECONDS WEST, 113.25 FEET TO THE POINT OF BEGINNING. TORRENS PROPERTY CERTIFICATE OF TITLE PARCEL NO. 1362521 PARCEL 2: EASEMENT NONEXCLUSIVE EASEMENTS AND RIGHTS OF PEDESTRIAN AND VEHICULAR ACCESS OVER AND ACROSS PRIVATE ROADS AND STREETS, INCLUDING BUT NOT LIMITED TO CONSTRUCTFOUNTAINHEAD PARKWAY AND 55TH STREET, RECONSTRUCT, REPAIR, MAINTAIN, USE AND OBTAIN ACCESS OVER, ACROSS AND THROUGH THE SKYWAYS (AS DEFINED IN THE AGREEMENT, AS HEREINAFTER DEFINED) AS SET FORTH IN BY OR PURSUANT TO THAT CERTAIN SIXTH SKYWAY AGREEMENT“DECLARATION OF COVENANTS, DATED AS OF CONDITIONS, RESTRICTIONS AND EASEMENTS FOR FOUNTAINHEAD CORPORATE PARK” RECORDED FEBRUARY 2725, 19922005, RECORDED MARCH 31, 1992 AS ABSTRACT IN DOCUMENT NO. 5893893 20050232522, AND RE-RECORDED MAY 7MARCH 9, 1992 AS TORRENS 2005, IN DOCUMENT NO. 2248394 (THE “AGREEMENT”); 20050288447, OFFICIAL RECORDS OF MARICOPA COUNTY, ARIZONA, AS AMENDED BY IN A FIRST AMENDMENT TO SIXTH STREET SKYWAY AGREEMENTRECORDED APRIL 1, DATED AS OF JANUARY 312009, 2013, RECORDED JANUARY 31, 2013 AS DOCUMENT NOS. A9902192 AND T5038757. PARCEL 3: NON-EXCLUSIVE EASEMENT (A) FOR THE SUPPORT, MAINTENANCE, REPAIR, RECONSTRUCTION AND REMOVAL OF THE SKYWAY BRIDGE (AS DEFINED IN THE AGREEMENT, AS HEREINAFTER DEFINED), INCLUDING ALL NECESSARY CONNECTIONS OF THE SKYWAY BRIDGE TO THE SIXTH AND NICOLLET BUILDING (AS DEFINED IN THE AGREEMENT), (B) WITHIN THE SKYWAY BRIDGE FOR THE PURPOSES OF PEDESTRIAN ACCESS AND PASSAGE THROUGH THE SKYWAY BRIDGE AND REASONABLE INCIDENTAL USES, AND (C) OVER THE SIXTH AND NICOLLET INTERIOR CORRIDOR (AS DEFINED IN THE AGREEMENT) CONNECTING THE SKYWAY BRIDGE TO CITY CENTER (AS DEFINED IN THE AGREEMENT) AND OTHER STREETS AND OTHER SKYWAYS IN OR ADJACENT TO THE SIXTH AND NICOLLET BUILDING FOR PEDESTRIAN ACCESS AND PASSAGE, ALL AS SET FORTH IN THAT CERTAIN AMENDED AND RESTATED SKYWAY AGREEMENT, DATED AS OF OCTOBER 27, 2000, RECORDED OCTOBER 5, 2001 AS DOCUMENT NOS. 7554047 AND 3442897 (THE “AGREEMENT”). PARCEL 4: THE BENEFITS OF THE EASEMENTS AS CONTAINED IN EASEMENT AND CONSTRUCTION AGREEMENT DATED JUNE 6, 1989, RECORDED JUNE 28, 1989 AS ABSTRACT DOCUMENT NO. 5548948 20090288536, AND IN A SECOND AMENDMENT RECORDED JULY 5APRIL 13, 1989 AS 2010, IN DOCUMENT NO. 2023731; AS AMENDED 20100308375, OFFICIAL RECORDS OF MARICOPA COUNTY, ARIZONA. PARCEL NO. 3: A NONEXCLUSIVE EASEMENT FOR A WATER SYSTEM BY FIRST AMENDMENT OR PURSUANT TO EASEMENT AND CONSTRUCTION THAT CERTAIN “WATER DELIVERY AGREEMENT, DATED MAY 9COVENANTS RUNNING WITH THE LAND AND EASEMENTS” RECORDED DECEMBER 28, 20142006, RECORDED JULY 31, 2014 AS IN DOCUMENT NO. T5188720. PARCEL 5: THE BENEFITS OF THE EASEMENTS AS CONTAINED 20061691569, AND RE-RECORDED APRIL 19, 2007, IN EASEMENT AND CONSTRUCTION AGREEMENT DATED JUNE 6, 1989, RECORDED JUNE 28, 1989 AS ABSTRACT DOCUMENT NO. 5548949 AND 20070457533, OFFICIAL RECORDS OF MARICOPA COUNTY, ARIZONA, AS AMENDED IN A FIRST AMENDMENT RECORDED JULY 5AUGUST 4, 1989 AS 2009, IN DOCUMENT NO. 2023732; AS AMENDED BY FIRST 20090719807 AND IN A SECOND AMENDMENT TO EASEMENT AND CONSTRUCTION AGREEMENT DATED APRIL 24RECORDED DECEMBER 17, 20072009, RECORDED MAY 8, 2007 AS TORRENS IN DOCUMENT NO. 438403120091154258, OFFICIAL RECORDS OF MARICOPA COUNTY, ARIZONA. PARCEL 620180237443 APN: BENEFITS OF THE EASEMENTS SET FORTH IN THAT CERTAIN DECLARATION OF EASEMENTS AND COVENANTS, DATED AS OF JANUARY 31, 2013, RECORDED JANUARY 31, 2013 AS TORRENS DOCUMENT NO. T5038758; AS AMENDED BY FIRST AMENDMENT TO DECLARATION OF EASEMENT AND COVENANTS, DATED FEBRUARY 21, 2014, RECORDED MARCH 7, 2014 AS DOCUMENT NO. T5156506; AS FURTHER AMENDED BY SECOND AMENDMENT TO DECLARATION OF EASEMENT AND COVENANTS, DATED MAY 9, 2014, RECORDED JULY 31, 2014 AS DOCUMENT NO. T5188532.123-33-056B NAI-1503489766v4
Appears in 1 contract
Xxxxxxxxx, Xx. who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed aresubscribed to the within instrument and acknowledged to me that he/she/they executed the same in hisinhis/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(stheperson(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature /s/ X. Xxxxx (Seal) SMRH:4854-6588-2272 [Signature Page to Third Modification (Short Form)] AGENT: U.S. BANK NATIONAL ASSOCIATION, a national banking association, By: /s/Xxxxxxxxxxx Xxxxxx Name: Xxxxxxxxxxx Xxxxxx Title: SVP SMRH:4854-6588-2272 [Signature Page to Third Modification (Short Form)] ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of CaliforniaCounty of Orange) On February 5, 2024 before me, iilandia xxxxxxx xxxxxxxx, notary public (insert name and title of the officer)personally appeared Xxxxxxxxxxx Xxxxxx ,who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/aresubscribed to the within instrument and acknowledged to me that he/she/they executed the same inhis/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument theperson(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature /s/ Iilandia Xxxxxxx Xxxxxxxx (Seal) SMRH:4854-6588-2272.3 Acknowledgment EXHIBIT A Legal Description REAL PROPERTY IN THE CITY OF MINNEAPOLISLEGAL DESCRIPTION That certain real property located in the County of Salt Lake, COUNTY OF HENNEPIN, STATE OF MINNESOTA, MORE PARTICULARLY DESCRIBED AS FOLLOWSState of Utah and more particularly described as follows: PARCEL 1: XXXXXX XBeginning at the Northeast corner of Lot 8, XBlock 98, XPlat ''A'', XSalt Lake City Survey, Xsaid point being South 00°00'59'' East 67.88 feet and South 89°58'53'' West 67.00 feet from a street monument found at the intersection of 400 West and 200 North, Xand running thence South 00°04'10'' West 660.00 feet along the West line of said 400 West and being the East line of Block 98 to the Southeast corner of Lot 1, X AND JBlock 98, REGISTERED LAND SURVEY NOPlat ''A'', Salt Lake City Survey; thence South 89°58'54'' West 165.00 feet along the North line of North Temple and being the South line of Block 98 to the Southwest corner of said Lot 1; thence North 00°04'10'' East 0.50 feet along the West line of said Lot 1; thence North 89°53'56'' West 110.23 feet; thence North 88°00'00'' West 4.57 feet; thence North 00°00'27'' West 483.92 feet; thence Northwesterly 69.60 feet along the arc of a 645.28 foot radius curve to the left (center bears South 89°59'33'' West and the long chord bears North 03°05'51'' West 69.57 feet with a central angle of 06°10'48''); thence North 06°11'15'' West 50.04 feet; thence Northwesterly 56.17 feet along the arc of 1098.72 foot radius curve to the right (center bears North 83°48'45'' East and the long chord bears North 04°43'23'' West 56.16 feet with a central angle of 02°55'45'') to the North line of said Block 98; thence North 89°58'53'' East (North 89°58'54'' East, Deed) 294.43 feet along the North line of said Block 98 and to and along the South line of 200 North Street to the point of beginning. 1797(The foregoing being the boundary description of the 1-lot, HENNEPIN COUNTYSALT LAKE HARDWARE MINOR SUBDIVISION, MINNESOTAaccording to that certain Notice of Amended Minor Subdivision Approval for Salt Lake Hardware Minor Subdivision recorded December 21, 2011 as Entry No. TORRENS PROPERTY CERTIFICATE OF TITLE NO11300852 in Book 9976 at Page 2542 of the official records of the Salt Lake County Recorder.) EXCEPTING THEREFROM all the minerals and all mineral rights as conveyed to Union Pacific Land Resources Corporation, a corporation of the State of Nebraska, in that certain Mineral Deed dated April 1, 1971 and recorded October 3, 1996 as Entry No. 1362521 6472020 in Book 7504 at Page 1156 of the official records. FURTHER EXCEPTING THEREFROM any portion thereof lying within the bounds of the following: A portion of Block 98, Plat ''A'', Salt Lake City Survey, lying and situate in the Southwest quarter of Section 36, Township 1 North, Range 1 West, Salt Lake Base and Meridian, Salt Lake City, Salt Lake County, Utah, being more particularly described as follows: Beginning at the Northeast corner of Lot 8, Block 98, Plat ''A'', Salt Lake City Survey said point being South 00°00'59'' East 67.88 feet and South 89°58'53'' West 67.00 feet from a street monument found at the intersection of 400 West and 200 North, and running thence South 00°04'10'' West 322.11 feet along the West line of said 400 West and being the East line of Block 98; thence South 89°59'40'' West 599.47 feet to a point on the East line of property conveyed to the Utah Transit Authority by Warranty Deed recorded May 16, 2006 as Entry No. 9725435 in Book 9294 at Page 9879 of the official records of the Salt Lake County Recorder; thence North 00°04'20'' West 321.97 feet along SMRH:4854-6588-2272.3 Exhibit A said East line; thence North 89°58'53'' East 600.27 feet to the point of beginning. (now known as Hardware Village Phase 1) FURTHER EXCEPTING THEREFROM the following described parcel of land conveyed to Salt Lake City Corporation, a municipal corporation of the State of Utah, in that certain Quit Claim Deed recorded October 27, 2010 as Entry No. 11061707 in Book 9872 at Page 6349 of the official records of the Salt Lake County Recorder, to-wit: A parcel of land in fee, being part of two (2) entire tracts of property situate in Lots 2, 3 and 4, Block 98, Salt Lake City Survey, Plat ''A'', situate in the East half of the Southwest quarter of Section 36, Township 1 North, Range 1 West, Salt Lake Base and Meridian, State of Utah, incident to the construction of the ''Airport Light Rail Transit Project'', a Utah Transit Authority Project, known as ''ALRT'', and described as follows: Beginning at a Southwest corner of said entire tract, which point is 61.37 feet North 89°58'54'' East from the Southwest corner of said Block 98; and running thence North 00°04'20'' West 15.25 feet along the Westerly boundary line of said entire tract; thence East 32.04 feet; thence South 00°01'46'' West 7.51 feet; thence North 89°59'22'' East 93.01 feet; thence South 88°00'00'' East 198.50 feet; thence South 89°53'56'' East 110.23 feet to the Easterly line of said Lot 2; thence South 00°04'10'' West 0.50 feet along said Easterly lot line to the Southerly boundary line of said entire tracts; thence South 89°58'54'' West 433.63 feet along said Southerly boundary line to the point of beginning. PARCEL 2: EASEMENT TO CONSTRUCTBeginning at a point on the East line of property conveyed to the Utah Transit Authority by Xxxxxxxx Xxxx recorded May 16, RECONSTRUCT2006 as Entry No. 9725435 in Book 9294 at Page 9879, REPAIRof the official records of the Salt Lake County Recorder, MAINTAINsaid point being North 89°58'54'' East 61.38 feet and North 00°04'20'' West 15.25 feet from the Southwest corner, USE AND OBTAIN ACCESS OVERBlock 98, ACROSS AND THROUGH THE SKYWAYS Plat ''A'', Salt Lake City Survey and running thence North 00°04'20'' West 644.75 feet along the East line of said Utah Transit Authority property to the North line of Block 98, Plat ''A'', Salt Lake City Survey; thence North 89°58'53'' East 305.83 feet along the North line of said Block 98; thence Southeasterly 56.17 feet along the arc of a 1,098.72 foot radius curve to the left (AS DEFINED IN THE AGREEMENT, AS HEREINAFTER DEFINED) AS SET FORTH IN THAT CERTAIN SIXTH SKYWAY AGREEMENT, DATED AS OF FEBRUARY center bears North 86°44'30'' East and the chord bears South 04°43'23'' East 56.16 feet with a central angle of 02°55'45''); thence South 06°11'15'' East 50.04 feet; thence Southeasterly 69.60 feet along the arc of a 645.28 foot radius curve to the right (center bears South 83°48'45'' West and the chord bears South 03°05'51'' East 69.57 feet with a central angle of 06°10'48''); thence South 00°00'27'' East 483.92 feet to the North line of property conveyed to Salt Lake City Corporation by Quit Claim Deed recorded October 27, 19922010 as Entry No. 11061707 in Book 9872 at Page 6349 of the official records of the Salt Lake County Recorder; thence North 88°00'00'' West 193.94 feet along the North line of said Salt Lake City Corporation property; thence South 89°59'22'' West 93.01 feet along the North line of said Salt Lake City Corporation property; thence North 00°01'46'' East 7.51 feet along the North line of said Salt Lake City Corporation property; thence West 32.04 feet along the North line of said Salt Lake City Corporation property to the point of beginning. EXCEPTING THEREFROM the following described parcel of land conveyed to the Utah Transit Authority in that certain Special Warranty Deed recorded September 28, RECORDED MARCH 312012 as Entry No. SMRH:4854-6588-2272.3 Exhibit A 11481044 in Book 10060 at Page 9632 of the official records of the Salt Lake County Recorder, 1992 AS ABSTRACT DOCUMENT NOto-wit: A parcel of land in fee, being part of an entire tract of property situate in Lot 3, Block 98, Salt Lake City Survey, Plat ''A'', situate in the East half of the Southwest quarter of Section 36, Township 1 North, Range 1 West, Salt Lake Base and Meridian, State of Utah, described as follows: Beginning at a point on the Southerly boundary line of said entire tract, said point being 190.33 feet North 89°58'54'' East and 7.59 feet North from the Southwest corner of said Block 98; and running thence North 60°00'00'' East 11.63 feet; thence East 19.42 feet; thence South 60°00'00'' East 14.57 feet to the said Southerly boundary line; thence North 88°00'00'' West 42.14 feet along said Southerly boundary line to the point of beginning. 5893893 AND RECORDED MAY 7FURTHER EXCEPTING THEREFROM all the minerals and mineral rights reserved by Union Pacific Railroad Company, 1992 AS TORRENS DOCUMENT NOa Delaware corporation, in that certain Special Warranty Deed recorded December 24, 1998 as Entry No. 2248394 7202238 in Book 8208 at Page 2578 of the official records of the Salt Lake County Recorder, wherein Gateway Associates, Ltd., a Utah limited partnership, is the Grantee. ALSO FURTHER EXCEPTING THEREFROM any portion thereof lying within the bounds of the following: A portion of Block 98, Plat ''A'', Salt Lake City Survey, lying and situate in the Southwest quarter of Section 36, Township 1 North, Range 1 West, Salt Lake Base and Meridian, Salt Lake City, Salt Lake County, Utah, being more particularly described as follows: Beginning at the Northeast corner of Lot 8, Block 98, Plat ''A'', Salt Lake City Survey, said point being South 00°00'59'' East 67.88 feet and South 89°58'53'' West 67.00 feet from a street monument found at the intersection of 400 West and 200 North, and running thence South 00°04'10'' West 322.11 feet along the West line of said 400 West and being the East line of Block 98; thence South 89°59'40'' West 599.47 feet to a point on the East line of property conveyed to the Utah Transit Authority by Warranty Deed recorded May 16, 2006 as Entry No. 9725435 in Book 9294 at Page 9879, of the official records of the Salt Lake County Recorder; thence North 00°04'20'' West 321.97 feet along said East line; thence North 89°58'53'' East 600.27 feet to the point of beginning. (THE “AGREEMENT”); AS AMENDED BY AMENDMENT TO SIXTH STREET SKYWAY AGREEMENT, DATED AS OF JANUARY 31, 2013, RECORDED JANUARY 31, 2013 AS DOCUMENT NOS. A9902192 AND T5038757. now known as Hardware Village Phase 1) PARCEL 3: NONA non-EXCLUSIVE EASEMENT exclusive easement, appurtenant to Parcels 1 and 2 described herein, solely for the purposes of (Aa) FOR THE SUPPORTthe construction, MAINTENANCErepair and maintenance of a roadway and related improvements for vehicular and pedestrian ingress and egress, REPAIRand (b) ingress, RECONSTRUCTION AND REMOVAL OF THE SKYWAY BRIDGE (AS DEFINED IN THE AGREEMENTegress and access by vehicles and pedestrians to and from said Parcels 1 and 2, AS HEREINAFTER DEFINED)as defined, INCLUDING ALL NECESSARY CONNECTIONS OF THE SKYWAY BRIDGE TO THE SIXTH AND NICOLLET BUILDING (AS DEFINED IN THE AGREEMENT), (B) WITHIN THE SKYWAY BRIDGE FOR THE PURPOSES OF PEDESTRIAN ACCESS AND PASSAGE THROUGH THE SKYWAY BRIDGE AND REASONABLE INCIDENTAL USES, AND (C) OVER THE SIXTH AND NICOLLET INTERIOR CORRIDOR (AS DEFINED IN THE AGREEMENT) CONNECTING THE SKYWAY BRIDGE TO CITY CENTER (AS DEFINED IN THE AGREEMENT) AND OTHER STREETS AND OTHER SKYWAYS IN OR ADJACENT TO THE SIXTH AND NICOLLET BUILDING FOR PEDESTRIAN ACCESS AND PASSAGE, ALL AS SET FORTH IN THAT CERTAIN AMENDED AND RESTATED SKYWAY AGREEMENT, DATED AS OF OCTOBER 27, 2000, RECORDED OCTOBER 5, 2001 AS DOCUMENT NOS. 7554047 AND 3442897 (THE “AGREEMENT”). PARCEL 4: THE BENEFITS OF THE EASEMENTS AS CONTAINED IN EASEMENT AND CONSTRUCTION AGREEMENT DATED JUNE 6, 1989, RECORDED JUNE 28, 1989 AS ABSTRACT DOCUMENT NO. 5548948 AND RECORDED JULY 5, 1989 AS DOCUMENT NO. 2023731; AS AMENDED BY FIRST AMENDMENT TO EASEMENT AND CONSTRUCTION AGREEMENT, DATED MAY described and created pursuant to that certain Declaration and Grant of Access Easement recorded May 9, 20142012 as Entry No. 11387974 in Book 10016 at Page 1021 of the official records of the Salt Lake County Recorder, RECORDED JULY 31on, 2014 AS DOCUMENT NOover and across the following described property, to-wit: Commencing at the Southwest corner of Block 101, Plat ''A'', Salt Lake City Survey; thence running East along the North line of 200 North Street 402.5 feet; thence South 34°51'23'' East 161.85 feet to a point on the South line of 200 North Street, said point being 165 feet West of the Northeast corner SMRH:4854-6588-2272.3 Exhibit A of Block 98, Plat ''A'', Salt Lake City Survey; thence West along the South line of 200 North Street 495 feet to the Northwest corner of said Block 98; thence North 131.86 feet, more or less, to the point of beginning. T5188720EXCEPTING from said Parcel 3 any portion thereof lying West of the Easterly line of the following described parcel of land conveyed to the Utah Transit Authority in that certain Warranty Deed recorded May 16, 2006 as Entry No. PARCEL 59725432 in Book 9294 at Page 9873 of the official records of the Salt Lake County Recorder, to-wit: THE BENEFITS OF THE EASEMENTS AS CONTAINED IN EASEMENT AND CONSTRUCTION AGREEMENT DATED JUNE 6A parcel of land in fee for the ''Weber County to Salt Lake Commuter Rail'', 1989a Utah Transit Authority Project, RECORDED JUNE 28and described as follows: Beginning at the Northwest corner of Block 98, 1989 AS ABSTRACT DOCUMENT NOPlat A, Salt Lake City Survey; thence North 00°06'33'' West 131.92 feet to the Southwest corner of Block 101, Plat A, Salt Lake City Survey; thence North 89°54'48'' East 59.82 feet along the South line of said Block 101; thence South 00°00'53'' East 132.00 feet to the North line of said Block 98; thence South 89°59'33'' West 59.60 feet along said North line to the point of beginning. 5548949 AND RECORDED JULY 5ALSO FURTHER EXCEPTING XXXXXXXXX said Parcel 3 all the minerals and mineral rights reserved by Union Pacific Railroad Company, 1989 AS DOCUMENT NO. 2023732; AS AMENDED BY FIRST AMENDMENT TO EASEMENT AND CONSTRUCTION AGREEMENT DATED APRIL a Delaware corporation, in that certain Special Warranty Deed recorded December 24, 20071998 as Entry No. 7202238 in Book 8208 at Page 2578 of the official records of the Salt Lake County Recorder, RECORDED MAY 8wherein Gateway Associates, 2007 AS TORRENS DOCUMENT NOLtd., a Utah limited partnership, is the Grantee. 4384031. PARCEL 6APN: BENEFITS OF THE EASEMENTS SET FORTH IN THAT CERTAIN DECLARATION OF EASEMENTS AND COVENANTS, DATED AS OF JANUARY 31, 2013, RECORDED JANUARY 31, 2013 AS TORRENS DOCUMENT NO. T503875800-00-000-000; AS AMENDED BY FIRST AMENDMENT TO DECLARATION OF EASEMENT AND COVENANTS, DATED FEBRUARY 21, 2014, RECORDED MARCH 7, 2014 AS DOCUMENT NO. T5156506; AS FURTHER AMENDED BY SECOND AMENDMENT TO DECLARATION OF EASEMENT AND COVENANTS, DATED MAY 9, 2014, RECORDED JULY 31, 2014 AS DOCUMENT NO. T5188532.00-00-000-000
Appears in 1 contract
Samples: Additional Advance and Third Modification Agreement (KBS Real Estate Investment Trust III, Inc.)
Xxxxxxxxx, Xx. who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. .I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. .WITNESS my hand and official seal. Signature /s/ X. Xxxxx (Seal) EXHIBIT BK 23319 PG 972 Exhibit A Legal Description REAL PROPERTY IN THE CITY BOROUGH OF MINNEAPOLISFLORHAM PARK, COUNTY OF HENNEPINXXXXXX, STATE OF MINNESOTANEW JERSEY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL TRACT ONE: XXX 0.00, XXXXX 0000 XX XXXXX XX A MAP ENTITLED "FINAL PLAT OF MAJOR SUBDIVISION, FLORHAM PARK CORPORATE CENTRE, PHASE 1: , BLOCK 1201, XXX 0, XXXXXXX XX XXXXXXX XXXX, XXXXXX XXXXXXX, XNEW JERSEY", X, X, X, X, X PREPARED BY XXXXXX ENGINEERS AND J, REGISTERED LAND SURVEY FILED IN THE XXXXXX COUNTY CLERK'S OFFICE ON NOVEMBER 23,1988 AS MAP NO. 17974720. TRACT TWO: LOT 4.04 IN BLOCK 1201 AS SHOWN ON A MAP ENTITLED "FINAL PLAT OF MAJOR SUBDIVISION, HENNEPIN COUNTYFLORHAM PARK CORPORATE CENTRE, MINNESOTA. TORRENS PROPERTY CERTIFICATE OF TITLE NO. 1362521 PARCEL 2: EASEMENT TO CONSTRUCTPHASE II, RECONSTRUCTBLOCK 1201, REPAIRXXX 0, MAINTAINXXXXXXX XX XXXXXXX XXXX, USE XXXXXX XXXXXX, NEW JERSEY", PREPARED BY XXXXXX ENGINEERS AND OBTAIN ACCESS OVER, ACROSS AND THROUGH THE SKYWAYS (AS DEFINED FILED IN THE AGREEMENT, AS HEREINAFTER DEFINED) AS SET FORTH IN THAT CERTAIN SIXTH SKYWAY AGREEMENT, DATED AS OF FEBRUARY 27, 1992, RECORDED MARCH 31, 1992 AS ABSTRACT DOCUMENT NO. 5893893 AND RECORDED MAY 7, 1992 AS TORRENS DOCUMENT NO. 2248394 (THE “AGREEMENT”); AS AMENDED BY AMENDMENT TO SIXTH STREET SKYWAY AGREEMENT, DATED AS OF JANUARY 31, 2013, RECORDED JANUARY 31, 2013 AS DOCUMENT NOS. A9902192 AND T5038757. PARCEL 3: NON-EXCLUSIVE EASEMENT (A) FOR THE SUPPORT, MAINTENANCE, REPAIR, RECONSTRUCTION AND REMOVAL OF THE SKYWAY BRIDGE (AS DEFINED IN THE AGREEMENT, AS HEREINAFTER DEFINED), INCLUDING ALL NECESSARY CONNECTIONS OF THE SKYWAY BRIDGE TO THE SIXTH AND NICOLLET BUILDING (AS DEFINED IN THE AGREEMENT), (B) WITHIN THE SKYWAY BRIDGE FOR THE PURPOSES OF PEDESTRIAN ACCESS AND PASSAGE THROUGH THE SKYWAY BRIDGE AND REASONABLE INCIDENTAL USES, AND (C) OVER THE SIXTH AND NICOLLET INTERIOR CORRIDOR (AS DEFINED IN THE AGREEMENT) CONNECTING THE SKYWAY BRIDGE TO CITY CENTER (AS DEFINED IN THE AGREEMENT) AND OTHER STREETS AND OTHER SKYWAYS IN OR ADJACENT TO THE SIXTH AND NICOLLET BUILDING FOR PEDESTRIAN ACCESS AND PASSAGE, ALL AS SET FORTH IN THAT CERTAIN AMENDED AND RESTATED SKYWAY AGREEMENT, DATED AS OF OCTOBER 27, 2000, RECORDED OCTOBER 5, 2001 AS DOCUMENT NOS. 7554047 AND 3442897 (THE “AGREEMENT”). PARCEL 4: THE BENEFITS OF THE EASEMENTS AS CONTAINED IN EASEMENT AND CONSTRUCTION AGREEMENT DATED JUNE 6, 1989, RECORDED JUNE 28XXXXXX COUNTY CLERK'S OFFICE ON SEPTEMBER 15, 1989 AS ABSTRACT DOCUMENT MAP NO. 5548948 AND RECORDED JULY 5, 1989 AS DOCUMENT NO. 2023731; AS AMENDED BY FIRST AMENDMENT TO EASEMENT AND CONSTRUCTION AGREEMENT, DATED MAY 9, 2014, RECORDED JULY 31, 2014 AS DOCUMENT NO. T5188720. PARCEL 5: THE BENEFITS OF THE EASEMENTS AS CONTAINED IN EASEMENT AND CONSTRUCTION AGREEMENT DATED JUNE 6, 1989, RECORDED JUNE 28, 1989 AS ABSTRACT DOCUMENT NO. 5548949 AND RECORDED JULY 5, 1989 AS DOCUMENT NO. 2023732; AS AMENDED BY FIRST AMENDMENT TO EASEMENT AND CONSTRUCTION AGREEMENT DATED APRIL 24, 2007, RECORDED MAY 8, 2007 AS TORRENS DOCUMENT NO. 4384031. PARCEL 6: BENEFITS OF THE EASEMENTS SET FORTH IN THAT CERTAIN DECLARATION OF EASEMENTS AND COVENANTS, DATED AS OF JANUARY 31, 2013, RECORDED JANUARY 31, 2013 AS TORRENS DOCUMENT NO. T5038758; AS AMENDED BY FIRST AMENDMENT TO DECLARATION OF EASEMENT AND COVENANTS, DATED FEBRUARY 21, 2014, RECORDED MARCH 7, 2014 AS DOCUMENT NO. T5156506; AS FURTHER AMENDED BY SECOND AMENDMENT TO DECLARATION OF EASEMENT AND COVENANTS, DATED MAY 9, 2014, RECORDED JULY 31, 2014 AS DOCUMENT NO. T51885324799.
Appears in 1 contract
Xxxxxxxxx, Xx. who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed aresubscribed to the within instrument and acknowledged to me that he/she/they executed the same in hisinhis/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(stheperson(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature /s/ X. Xxxxx (Seal) AGENT: U.S. BANK NATIONAL ASSOCIATION, a national banking association, By: /s/Xxxxxxxxxxx Xxxxxx Name: Xxxxxxxxxxx Xxxxxx Title: SVP SMRH:4864-9453-7376 [Signature Page to Third Modification (Short Form)] ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of CaliforniaCounty of Orange) On February 5, 2024 before me, iilandia xxxxxxx xxxxxxxx, notary public (insert name and title of the officer)personally appeared Xxxxxxxxxxx Xxxxxx ,who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/aresubscribed to the within instrument and acknowledged to me that he/she/they executed the same inhis/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument theperson(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature /s/ Iilandia Xxxxxxx Xxxxxxxx (Seal) EXHIBIT A Legal Description REAL PROPERTY IN THE CITY OF MINNEAPOLISLEGAL DESCRIPTION That certain real property located in Travis County, COUNTY OF HENNEPINTexas, STATE OF MINNESOTAmore particularly described as follows: TRACT 1 (Bank of America Land): All of Lots 4, MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL 1: XXXXXX X, X, X, X, X, X, X AND J, REGISTERED LAND SURVEY NO. 1797, HENNEPIN COUNTY, MINNESOTA. TORRENS PROPERTY CERTIFICATE OF TITLE NO. 1362521 PARCEL 2: EASEMENT TO CONSTRUCT, RECONSTRUCT, REPAIR, MAINTAIN, USE AND OBTAIN ACCESS OVER, ACROSS AND THROUGH THE SKYWAYS (AS DEFINED IN THE AGREEMENT, AS HEREINAFTER DEFINED) AS SET FORTH IN THAT CERTAIN SIXTH SKYWAY AGREEMENT, DATED AS OF FEBRUARY 27, 1992, RECORDED MARCH 31, 1992 AS ABSTRACT DOCUMENT NO. 5893893 AND RECORDED MAY 7, 1992 AS TORRENS DOCUMENT NO. 2248394 (THE “AGREEMENT”); AS AMENDED BY AMENDMENT TO SIXTH STREET SKYWAY AGREEMENT, DATED AS OF JANUARY 31, 2013, RECORDED JANUARY 31, 2013 AS DOCUMENT NOS. A9902192 AND T5038757. PARCEL 3: NON-EXCLUSIVE EASEMENT (A) FOR THE SUPPORT, MAINTENANCE, REPAIR, RECONSTRUCTION AND REMOVAL OF THE SKYWAY BRIDGE (AS DEFINED IN THE AGREEMENT, AS HEREINAFTER DEFINED), INCLUDING ALL NECESSARY CONNECTIONS OF THE SKYWAY BRIDGE TO THE SIXTH AND NICOLLET BUILDING (AS DEFINED IN THE AGREEMENT), (B) WITHIN THE SKYWAY BRIDGE FOR THE PURPOSES OF PEDESTRIAN ACCESS AND PASSAGE THROUGH THE SKYWAY BRIDGE AND REASONABLE INCIDENTAL USES, AND (C) OVER THE SIXTH AND NICOLLET INTERIOR CORRIDOR (AS DEFINED IN THE AGREEMENT) CONNECTING THE SKYWAY BRIDGE TO CITY CENTER (AS DEFINED IN THE AGREEMENT) AND OTHER STREETS AND OTHER SKYWAYS IN OR ADJACENT TO THE SIXTH AND NICOLLET BUILDING FOR PEDESTRIAN ACCESS AND PASSAGE, ALL AS SET FORTH IN THAT CERTAIN AMENDED AND RESTATED SKYWAY AGREEMENT, DATED AS OF OCTOBER 27, 2000, RECORDED OCTOBER 5, 2001 AS DOCUMENT NOS. 7554047 AND 3442897 (THE “AGREEMENT”). PARCEL 4: THE BENEFITS OF THE EASEMENTS AS CONTAINED IN EASEMENT AND CONSTRUCTION AGREEMENT DATED JUNE 5 and 6, 1989Block 56, RECORDED JUNE 28of the Original City of Xxxxxx, 1989 AS ABSTRACT DOCUMENT NO. 5548948 AND RECORDED JULY 5Xxxxxx County, 1989 AS DOCUMENT NO. 2023731; AS AMENDED BY FIRST AMENDMENT TO EASEMENT AND CONSTRUCTION AGREEMENTTexas, DATED MAY 9, 2014, RECORDED JULY 31, 2014 AS DOCUMENT NO. T5188720. PARCEL 5: THE BENEFITS OF THE EASEMENTS AS CONTAINED IN EASEMENT AND CONSTRUCTION AGREEMENT DATED JUNE 6, 1989, RECORDED JUNE 28, 1989 AS ABSTRACT DOCUMENT NO. 5548949 AND RECORDED JULY 5, 1989 AS DOCUMENT NO. 2023732; AS AMENDED BY FIRST AMENDMENT TO EASEMENT AND CONSTRUCTION AGREEMENT DATED APRIL 24, 2007, RECORDED MAY 8, 2007 AS TORRENS DOCUMENT NO. 4384031. PARCEL 6: BENEFITS OF THE EASEMENTS SET FORTH IN THAT CERTAIN DECLARATION OF EASEMENTS AND COVENANTS, DATED AS OF JANUARY 31, 2013, RECORDED JANUARY 31, 2013 AS TORRENS DOCUMENT NO. T5038758; AS AMENDED BY FIRST AMENDMENT TO DECLARATION OF EASEMENT AND COVENANTS, DATED FEBRUARY 21, 2014, RECORDED MARCH 7, 2014 AS DOCUMENT NO. T5156506; AS FURTHER AMENDED BY SECOND AMENDMENT TO DECLARATION OF EASEMENT AND COVENANTS, DATED MAY 9, 2014, RECORDED JULY 31, 2014 AS DOCUMENT NO. T5188532according to the Plat on file at the General Land Office of the State of Texas.
Appears in 1 contract
Samples: Advance and Third Modification Agreement (KBS Real Estate Investment Trust III, Inc.)
Xxxxxxxxx, Xx. who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/aresubscribed to the within instrument and acknowledged to me that he/she/they executed the same inhis/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument theperson(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature /s/ Xxxxxxx Xxxxxx Xxxxxxxx (Seal) ADMINISTRATIVE AGENT: BANK OF AMERICA, N.A., a national banking association, as Administrative Agent By: /s/ Xxxxx XxXxxx Name: Xxxxx XxXxxx Title: Senior Vice President ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ORANGE On 11/01/2021 before me, XXXXX XXXXXX , Notary Public, (insert name and title of the officer) personally appeared XXXXX XXXXXX who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature /s/ X. Xxxxx Xxxxxx (Seal) EXHIBIT A Legal Description REAL PROPERTY IN THE CITY OF MINNEAPOLISSAN XXXX, COUNTY OF HENNEPINSANTA XXXXX, STATE OF MINNESOTACALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL 1: XXXXXX X, X, X, X, X, X, X AND J, REGISTERED LAND SURVEY NO. 1797, HENNEPIN COUNTY, MINNESOTA. TORRENS PROPERTY CERTIFICATE OF TITLE NO. 1362521 AS SHOWN ON THAT CERTAIN PARCEL 2: EASEMENT TO CONSTRUCT, RECONSTRUCT, REPAIR, MAINTAIN, USE AND OBTAIN ACCESS OVER, ACROSS AND THROUGH THE SKYWAYS (AS DEFINED MAP FILED IN THE AGREEMENT, AS HEREINAFTER DEFINED) AS SET FORTH IN THAT CERTAIN SIXTH SKYWAY AGREEMENT, DATED AS OF FEBRUARY 27, 1992, RECORDED MARCH 31, 1992 AS ABSTRACT DOCUMENT NO. 5893893 AND RECORDED MAY 7, 1992 AS TORRENS DOCUMENT NO. 2248394 (THE “AGREEMENT”); AS AMENDED BY AMENDMENT TO SIXTH STREET SKYWAY AGREEMENT, DATED AS OF JANUARY 31, 2013, RECORDED JANUARY 31, 2013 AS DOCUMENT NOS. A9902192 AND T5038757. PARCEL 3: NON-EXCLUSIVE EASEMENT (A) FOR THE SUPPORT, MAINTENANCE, REPAIR, RECONSTRUCTION AND REMOVAL OFFICE OF THE SKYWAY BRIDGE (AS DEFINED IN THE AGREEMENT, AS HEREINAFTER DEFINED), INCLUDING ALL NECESSARY CONNECTIONS RECORDER OF THE SKYWAY BRIDGE TO THE SIXTH AND NICOLLET BUILDING (AS DEFINED IN THE AGREEMENT)COUNTY OF SANTA XXXXX, (B) WITHIN THE SKYWAY BRIDGE FOR THE PURPOSES STATE OF PEDESTRIAN ACCESS AND PASSAGE THROUGH THE SKYWAY BRIDGE AND REASONABLE INCIDENTAL USES, AND (C) OVER THE SIXTH AND NICOLLET INTERIOR CORRIDOR (AS DEFINED IN THE AGREEMENT) CONNECTING THE SKYWAY BRIDGE TO CITY CENTER (AS DEFINED IN THE AGREEMENT) AND OTHER STREETS AND OTHER SKYWAYS IN OR ADJACENT TO THE SIXTH AND NICOLLET BUILDING FOR PEDESTRIAN ACCESS AND PASSAGE, ALL AS SET FORTH IN THAT CERTAIN AMENDED AND RESTATED SKYWAY AGREEMENT, DATED AS OF OCTOBER 27, 2000, RECORDED OCTOBER 5, 2001 AS DOCUMENT NOS. 7554047 AND 3442897 (THE “AGREEMENT”). PARCEL 4: THE BENEFITS OF THE EASEMENTS AS CONTAINED IN EASEMENT AND CONSTRUCTION AGREEMENT DATED CALIFORNIA ON JUNE 6, 1989, RECORDED JUNE 28, 1989 AS ABSTRACT DOCUMENT NO. 5548948 AND RECORDED JULY 5, 1989 AS DOCUMENT NO. 2023731; AS AMENDED BY FIRST AMENDMENT TO EASEMENT AND CONSTRUCTION AGREEMENT, DATED MAY 9, 20141987, RECORDED JULY 31IN BOOK 574 OF MAPS, 2014 AS DOCUMENT NOPAGE(S) 45 AND 46. T5188720. PARCEL 5APN: THE BENEFITS OF THE EASEMENTS AS CONTAINED IN EASEMENT AND CONSTRUCTION AGREEMENT DATED JUNE 6, 1989, RECORDED JUNE 28, 1989 AS ABSTRACT DOCUMENT NO. 5548949 AND RECORDED JULY 5, 1989 AS DOCUMENT NO. 2023732; AS AMENDED BY FIRST AMENDMENT TO EASEMENT AND CONSTRUCTION AGREEMENT DATED APRIL 24, 2007, RECORDED MAY 8, 2007 AS TORRENS DOCUMENT NO. 4384031. PARCEL 6: BENEFITS OF THE EASEMENTS SET FORTH IN THAT CERTAIN DECLARATION OF EASEMENTS AND COVENANTS, DATED AS OF JANUARY 31, 2013, RECORDED JANUARY 31, 2013 AS TORRENS DOCUMENT NO. T5038758; AS AMENDED BY FIRST AMENDMENT TO DECLARATION OF EASEMENT AND COVENANTS, DATED FEBRUARY 21, 2014, RECORDED MARCH 7, 2014 AS DOCUMENT NO. T5156506; AS FURTHER AMENDED BY SECOND AMENDMENT TO DECLARATION OF EASEMENT AND COVENANTS, DATED MAY 9, 2014, RECORDED JULY 31, 2014 AS DOCUMENT NO. T5188532.000-00-000
Appears in 1 contract
Samples: Security Agreement (KBS Real Estate Investment Trust III, Inc.)
Xxxxxxxxx, Xx. who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. .I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. .WITNESS my hand and official seal. Signature /s/ X. Xxxxx (Seal) EXHIBIT Book29750/Page1348 CFN#20180122253 Exhibit A Legal Description REAL PROPERTY IN THE CITY OF MINNEAPOLISWEST PALM BEACH, COUNTY OF HENNEPINPALM BEACH, STATE OF MINNESOTAFLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL 1: (FEE SIMPLE) XXX 0, XXXXX XXXXXX XXX XXXX XXXXX XXXX 9, XACCORDING TO THE PLAT THEREOF, XAS RECORDED IN PLAT BOOK 100, XPAGE 60, X, X, X AND J, REGISTERED LAND SURVEY NO. 1797, HENNEPIN OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, MINNESOTAFLORIDA. TORRENS PROPERTY CERTIFICATE OF TITLE NO. 1362521 PARCEL 2: EASEMENT TO CONSTRUCT(EASEMENT) TOGETHER WITH NON-EXCLUSIVE EASEMENT, RECONSTRUCT, REPAIR, MAINTAIN, USE AND OBTAIN ACCESS OVER, ACROSS AND THROUGH FOR THE SKYWAYS (AS DEFINED IN THE AGREEMENTBENEFIT OF PARCEL 1 ABOVE, AS HEREINAFTER DEFINED) AS SET FORTH CONTAINED IN THAT CERTAIN SIXTH SKYWAY AGREEMENTVISTA CENTER OF PALM BEACH DECLARATION OF PROTECTIVE COVENANTS, DATED AS RECORDED IN OFFICIAL RECORDS BOOK 5900, PAGE 1476, OF FEBRUARY 27THE PUBLIC RECORDS OF PALM BEACH COUNTY, 1992FLORIDA, RECORDED MARCH 31, 1992 AS ABSTRACT DOCUMENT NO. 5893893 AND RECORDED MAY 7, 1992 AS TORRENS DOCUMENT NO. 2248394 (THE “AGREEMENT”); AS AMENDED BY AMENDMENT TO SIXTH STREET SKYWAY AGREEMENT, DATED AS OF JANUARY 31, 2013, RECORDED JANUARY 31, 2013 AS DOCUMENT NOS. A9902192 AND T5038757BE FURTHER AMENDED. PARCEL 3NO: NON00-EXCLUSIVE EASEMENT 42-43-22-14-000-0010 (AFOR INFORMATION ONLY) FOR THE SUPPORTAddress: 2054 & 0000 Xxxxx Xxxxxxx, MAINTENANCEXxxx Xxxx Xxxxx, REPAIR, RECONSTRUCTION AND REMOVAL OF THE SKYWAY BRIDGE (AS DEFINED IN THE AGREEMENT, AS HEREINAFTER DEFINED), INCLUDING ALL NECESSARY CONNECTIONS OF THE SKYWAY BRIDGE TO THE SIXTH AND NICOLLET BUILDING (AS DEFINED IN THE AGREEMENT), (B) WITHIN THE SKYWAY BRIDGE FOR THE PURPOSES OF PEDESTRIAN ACCESS AND PASSAGE THROUGH THE SKYWAY BRIDGE AND REASONABLE INCIDENTAL USES, AND (C) OVER THE SIXTH AND NICOLLET INTERIOR CORRIDOR (AS DEFINED IN THE AGREEMENT) CONNECTING THE SKYWAY BRIDGE TO CITY CENTER (AS DEFINED IN THE AGREEMENT) AND OTHER STREETS AND OTHER SKYWAYS IN OR ADJACENT TO THE SIXTH AND NICOLLET BUILDING FOR PEDESTRIAN ACCESS AND PASSAGE, ALL AS SET FORTH IN THAT CERTAIN AMENDED AND RESTATED SKYWAY AGREEMENT, DATED AS OF OCTOBER 27, 2000, RECORDED OCTOBER 5, 2001 AS DOCUMENT NOS. 7554047 AND 3442897 (THE “AGREEMENT”). PARCEL 4: THE BENEFITS OF THE EASEMENTS AS CONTAINED IN EASEMENT AND CONSTRUCTION AGREEMENT DATED JUNE 6, 1989, RECORDED JUNE 28, 1989 AS ABSTRACT DOCUMENT NO. 5548948 AND RECORDED JULY 5, 1989 AS DOCUMENT NO. 2023731; AS AMENDED BY FIRST AMENDMENT TO EASEMENT AND CONSTRUCTION AGREEMENT, DATED MAY 9, 2014, RECORDED JULY 31, 2014 AS DOCUMENT NO. T5188720. PARCEL 5: THE BENEFITS OF THE EASEMENTS AS CONTAINED IN EASEMENT AND CONSTRUCTION AGREEMENT DATED JUNE 6, 1989, RECORDED JUNE 28, 1989 AS ABSTRACT DOCUMENT NO. 5548949 AND RECORDED JULY 5, 1989 AS DOCUMENT NO. 2023732; AS AMENDED BY FIRST AMENDMENT TO EASEMENT AND CONSTRUCTION AGREEMENT DATED APRIL 24, 2007, RECORDED MAY 8, 2007 AS TORRENS DOCUMENT NO. 4384031. PARCEL 6: BENEFITS OF THE EASEMENTS SET FORTH IN THAT CERTAIN DECLARATION OF EASEMENTS AND COVENANTS, DATED AS OF JANUARY 31, 2013, RECORDED JANUARY 31, 2013 AS TORRENS DOCUMENT NO. T5038758; AS AMENDED BY FIRST AMENDMENT TO DECLARATION OF EASEMENT AND COVENANTS, DATED FEBRUARY 21, 2014, RECORDED MARCH 7, 2014 AS DOCUMENT NO. T5156506; AS FURTHER AMENDED BY SECOND AMENDMENT TO DECLARATION OF EASEMENT AND COVENANTS, DATED MAY 9, 2014, RECORDED JULY 31, 2014 AS DOCUMENT NO. T5188532.XX 00000
Appears in 1 contract
Samples: Security Agreement (KBS Real Estate Investment Trust II, Inc.)
Xxxxxxxxx, Xx. who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature /s/ X. Xxxxx (Seal) EXHIBIT A Legal Description REAL PROPERTY IN THE CITY OF MINNEAPOLISEMERYVILLE, COUNTY OF HENNEPINALAMEDA, STATE OF MINNESOTACALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: TRACT A: (Submerged Parcel) PARCEL 3, PARCEL MAP 1535, FILED JULY 16, 1975, IN MAP BOOK 87, PAGE 88, ALAMEDA COUNTY RECORDS. EXCEPTING THEREFROM, THAT PORTION THEREOF DESCRIBED IN PARCEL 1A IN THE AMENDED FINAL ORDER OF CONDEMNATION ENTERED AUGUST 19, 1992, IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA, IN AND FOR THE COUNTY OF ALAMEDA, CASE NO. 641062-5, A CERTIFIED COPY OF WHICH RECORDED AUGUST 19, 1992, SERIES NO. 92-272591, OFFICIAL RECORDS OF SAID ALAMEDA COUNTY. TRACT B: (Tower I) PARCEL ONE: PARCEL 1, PARCEL MAP 7523, FILED AUGUST 4, 2000, IN MAP BOOK 252, PAGES 63 AND 64, ALAMEDA COUNTY RECORDS. PARCEL TWO: XXXXXX X, X, X, X, X, X, X NONEXCLUSIVE EASEMENTS FOR PARKING AND J, REGISTERED LAND SURVEY NO. 1797, HENNEPIN COUNTY, MINNESOTA. TORRENS PROPERTY CERTIFICATE OF TITLE NO. 1362521 PARCEL 2: EASEMENT TO CONSTRUCT, RECONSTRUCT, REPAIR, MAINTAIN, USE VEHICULAR AND OBTAIN ACCESS OVER, ACROSS PEDESTRIAN INGRESS AND THROUGH THE SKYWAYS (EGRESS AS DEFINED IN THE AGREEMENT, AS HEREINAFTER DEFINED) AS SET FORTH GRANTED IN THAT CERTAIN SIXTH SKYWAY AGREEMENT“DECLARATION OF RECIPROCAL EASEMENTS WATERGATE OFFICE TOWERS” RECORDED AUGUST 4, DATED 2000 AS OF FEBRUARY 27, 1992, RECORDED MARCH 31, 1992 AS ABSTRACT DOCUMENT INSTRUMENT NO. 5893893 2000-232335, AND RECORDED MAY 7, 1992 AS TORRENS DOCUMENT NO. 2248394 (THE “AGREEMENT”); AS AMENDED BY AMENDMENT TO SIXTH STREET SKYWAY AGREEMENT, DATED AS OF JANUARY 31, 2013, RECORDED JANUARY 31, 2013 AS DOCUMENT NOS. A9902192 AND T5038757. PARCEL 3: NON-EXCLUSIVE EASEMENT (A) FOR THE SUPPORT, MAINTENANCE, REPAIR, RECONSTRUCTION AND REMOVAL OF THE SKYWAY BRIDGE (AS DEFINED IN THE AGREEMENT, AS HEREINAFTER DEFINED), INCLUDING ALL NECESSARY CONNECTIONS OF THE SKYWAY BRIDGE TO THE SIXTH AND NICOLLET BUILDING (AS DEFINED IN THE AGREEMENT), (B) WITHIN THE SKYWAY BRIDGE FOR THE PURPOSES OF PEDESTRIAN ACCESS AND PASSAGE THROUGH THE SKYWAY BRIDGE AND REASONABLE INCIDENTAL USES, AND (C) OVER THE SIXTH AND NICOLLET INTERIOR CORRIDOR (AS DEFINED IN THE AGREEMENT) CONNECTING THE SKYWAY BRIDGE TO CITY CENTER (AS DEFINED IN THE AGREEMENT) AND OTHER STREETS AND OTHER SKYWAYS IN OR ADJACENT TO THE SIXTH AND NICOLLET BUILDING FOR PEDESTRIAN ACCESS AND PASSAGE, ALL AS SET FORTH IN THAT CERTAIN AMENDED AND RESTATED SKYWAY AGREEMENT, DATED AS OF OCTOBER 27, 2000, RECORDED OCTOBER 5, 2001 AS DOCUMENT NOS. 7554047 AND 3442897 (THE “AGREEMENT”). PARCEL 4: THE BENEFITS OF THE EASEMENTS AS CONTAINED IN EASEMENT AND CONSTRUCTION AGREEMENT DATED JUNE 6, 1989, RECORDED JUNE 28, 1989 AS ABSTRACT DOCUMENT NO. 5548948 AND RECORDED JULY 5, 1989 AS DOCUMENT NO. 2023731; AS AMENDED BY FIRST AMENDMENT TO EASEMENT AND CONSTRUCTION AGREEMENT, DATED MAY 9, 2014, RECORDED JULY 31, 2014 AS DOCUMENT NO. T5188720. PARCEL 5: THE BENEFITS OF THE EASEMENTS AS CONTAINED IN EASEMENT AND CONSTRUCTION AGREEMENT DATED JUNE 6, 1989, RECORDED JUNE 28, 1989 AS ABSTRACT DOCUMENT NO. 5548949 AND RECORDED JULY 5, 1989 AS DOCUMENT NO. 2023732; AS AMENDED BY FIRST AMENDMENT TO EASEMENT AND CONSTRUCTION AGREEMENT DATED APRIL 24, 2007, RECORDED MAY 8, 2007 AS TORRENS DOCUMENT NO. 4384031. PARCEL 6: BENEFITS OF THE EASEMENTS SET FORTH IN THAT CERTAIN DECLARATION OF EASEMENTS AND COVENANTS, DATED AS OF JANUARY 31, 2013, RECORDED JANUARY 31, 2013 AS TORRENS DOCUMENT NO. T5038758; AS AMENDED BY FIRST AMENDMENT TO DECLARATION OF EASEMENT AND COVENANTSRECIPROCAL EASEMENTS WATERGATE OFFICE TOWERS” RECORDED JANUARY 16, DATED 2007 AS INSTRUMENT NO. 2007026642, OF OFFICIAL RECORDS. TRACT C: (Tower II) PARCEL ONE: PARCEL 2, PARCEL MAP 2426, FILED FEBRUARY 21, 20141978 IN MAP BOOK 101, PAGE 41, ALAMEDA COUNTY RECORDS. PARCEL TWO: AN EASEMENT, APPURTENANT TO PARCEL 2 OF SAID PARCEL MAP 2426, CONVEYED TO TOWER II, A CALIFORNIA LIMITED PARTNERSHIP, BY GRANT OF EASEMENT DATED MAY 18, 1978, RECORDED MARCH 7MAY 24, 2014 1978, IN REEL 5406, IMAGE 111, OFFICIAL RECORDS OF SAID ALAMEDA COUNTY, FOR INGRESS AND EGRESS BY EMERGENCY VEHICLES OF GOVERNMENTAL ENTITIES OVER A PORTION OF PARCEL 1, PARCEL MAP 1179, FILED MAY 22, 1973, IN BOOK 79 OF MAPS, PAGE 59, ALAMEDA COUNTY RECORDS. PARCEL THREE: NONEXCLUSIVE EASEMENTS FOR PARKING AND VEHICULAR AND PEDESTRIAN INGRESS AND EGRESS AS DOCUMENT GRANTED IN THAT CERTAIN “DECLARATION OF RECIPROCAL EASEMENTS WATERGATE OFFICE TOWERS” RECORDED AUGUST 4, 2000 AS INSTRUMENT NO. T5156506; 2000-232335, AND AS FURTHER AMENDED BY SECOND THAT CERTAIN “FIRST AMENDMENT TO DECLARATION OF RECIPROCAL EASEMENTS WATERGATE OFFICE TOWERS” RECORDED JANUARY 16, 2007 AS INSTRUMENT NO. 2007026642, OF OFFICIAL RECORDS. TRACT D: (Tower III) PARCEL ONE: PARCEL 3, PARCEL MAP 2426, FILED FEBRUARY 21, 1978, IN MAP BOOK 101, PAGE 41, ALAMEDA COUNTY RECORDS. PARCEL TWO: AN EASEMENT, APPURTENANT TO PARCEL 3 OF SAID PARCEL MAP 2426, CONVEYED TO F. XXXXXX XXXXXXX BY XXXXX OF EASEMENT AND COVENANTS, DATED MAY 918, 20141978, RECORDED JULY 31MAY 24, 2014 1978, IN REEL 5406, IMAGE 119, OFFICIAL RECORDS OF SAID ALAMEDA COUNTY, FOR INGRESS AND EGRESS BY EMERGENCY VEHICLES OF GOVERNMENTAL ENTITIES OVER A PORTION OF PARCEL 1, PARCEL MAP 1179, FILED MAY 22, 1973, IN BOOK 79 OF MAPS, PAGE 59, ALAMEDA COUNTY, MORE PARTICULARLY DESCRIBED THEREIN. PARCEL THREE: NONEXCLUSIVE EASEMENTS FOR PARKING AND VEHICULAR AND PEDESTRIAN INGRESS AND EGRESS AS DOCUMENT GRANTED IN THAT CERTAIN “DECLARATION OF RECIPROCAL EASEMENTS WATERGATE OFFICE TOWERS” RECORDED AUGUST 4, 2000 AS INSTRUMENT NO. T5188532.2000-232335, AND AS AMENDED BY THAT CERTAIN “FIRST AMENDMENT TO DECLARATION OF RECIPROCAL EASEMENTS WATERGATE OFFICE TOWERS” RECORDED JANUARY 16, 2007 AS INSTRUMENT NO. 2007026642, OF OFFICIAL RECORDS. TRACT E: NON-EXCLUSIVE EASEMENT(S), AS AN APPURTENANCE TO TRACTS A, B, C, AND D DESCRIBED ABOVE, FOR VEHICULAR AND PEDESTRIAN TRAFFIC OVER THE LANDS DESCRIBED IN THE “RECIPROCAL EASEMENT AGREEMENT” RECORDED JANUARY 20, 1976, REEL 4232, IMAGE 222, INSTRUMENT NO. 76-8732, OFFICIAL RECORDS. APN: 049-1495-003-02 (TRACT A), 000-0000-000 (TRACT B), 049-1521-006 (TRACT C) AND 000-0000-000 (TRACT D)
Appears in 1 contract
Xxxxxxxxx, Xx. who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature /s/ X. Xxxxx (Seal) EXHIBIT A Legal Description REAL PROPERTY IN THE CITY OF MINNEAPOLISXXX XXXX XX XXXXXXXXXXXX, COUNTY OF HENNEPINXXXXXX XX XXXXXXXXXX, STATE OF MINNESOTAMARYLAND, MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL 1I: XXXXXX XALL THAT PIECE OR PARCEL OF LAND, XTOGETHER WITH THE IMPROVEMENTS THEREON AND APPURTENANCES THEREUNTO BELONGING, XLYING, XSITUATE AND BEING IN XXXXXXXXXX COUNTY, XMARYLAND, XBEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL LETTERED “C”, X AND J, REGISTERED LAND SURVEY IN BLOCK LETTERED “C” IN THE SUBDIVISION KNOWN AS WASHINGTONIAN CENTER; AS PER PLAT THEREOF RECORDED IN PLAT BOOK 156 AT PLAT NO. 1797, HENNEPIN 17750 AMONG THE LAND RECORDS OF XXXXXXXXXX COUNTY, MINNESOTAMARYLAND. TORRENS PROPERTY CERTIFICATE OF TITLE NOTE FOR INFORMATIONAL PURPOSES ONLY: TAX I.D. NO. 1362521 0-000-0000000 PARCEL 2II: EASEMENT TO CONSTRUCTTOGETHER WITH ALL RIGHTS AS ESTABLISHED BY “DECLARATION OF COVENANTS, RECONSTRUCTCONDITIONS, REPAIR, MAINTAIN, USE RESTRICTIONS AND OBTAIN ACCESS OVER, ACROSS AND THROUGH EASEMENTS” RECORDED IN LIBER 7144 AT FOLIO 287 AMONG THE SKYWAYS (AS DEFINED IN THE AGREEMENT, AS HEREINAFTER DEFINED) AS SET FORTH IN THAT CERTAIN SIXTH SKYWAY AGREEMENT, DATED AS OF FEBRUARY 27, 1992, RECORDED MARCH 31, 1992 AS ABSTRACT DOCUMENT NO. 5893893 AND RECORDED MAY 7, 1992 AS TORRENS DOCUMENT NO. 2248394 (THE “AGREEMENT”); AS AMENDED BY AMENDMENT TO SIXTH STREET SKYWAY AGREEMENT, DATED AS OF JANUARY 31, 2013, RECORDED JANUARY 31, 2013 AS DOCUMENT NOS. A9902192 AND T5038757. PARCEL 3: NON-EXCLUSIVE EASEMENT (A) FOR THE SUPPORT, MAINTENANCE, REPAIR, RECONSTRUCTION AND REMOVAL OF THE SKYWAY BRIDGE (AS DEFINED IN THE AGREEMENT, AS HEREINAFTER DEFINED), INCLUDING ALL NECESSARY CONNECTIONS OF THE SKYWAY BRIDGE TO THE SIXTH AND NICOLLET BUILDING (AS DEFINED IN THE AGREEMENT), (B) WITHIN THE SKYWAY BRIDGE FOR THE PURPOSES OF PEDESTRIAN ACCESS AND PASSAGE THROUGH THE SKYWAY BRIDGE AND REASONABLE INCIDENTAL USESAFORESAID LAND RECORDS, AND (C) OVER THE SIXTH AND NICOLLET INTERIOR CORRIDOR (AS DEFINED IN THE AGREEMENT) CONNECTING THE SKYWAY BRIDGE RESERVATION OF RIGHTS TO CITY CENTER (AS DEFINED IN THE AGREEMENT) AND OTHER STREETS AND OTHER SKYWAYS IN OR ADJACENT TO THE SIXTH AND NICOLLET BUILDING FOR PEDESTRIAN ACCESS AND PASSAGE, ALL AS SET FORTH IN THAT CERTAIN AMENDED AND RESTATED SKYWAY AGREEMENT, DATED AS OF OCTOBER 27, 2000, RECORDED OCTOBER 5, 2001 AS DOCUMENT NOS. 7554047 AND 3442897 (THE “AGREEMENT”). PARCEL 4: THE BENEFITS OF THE GRANT EASEMENTS AS CONTAINED IN EASEMENT AND CONSTRUCTION AGREEMENT DATED JUNE 6, 1989, RECORDED JUNE 28, 1989 AS ABSTRACT DOCUMENT NO. 5548948 AND RECORDED JULY 5, 1989 AS DOCUMENT NO. 2023731THEREIN; AS AMENDED BY FIRST AMENDMENT TO EASEMENT AND CONSTRUCTION AGREEMENT, DATED MAY 9, 2014, RECORDED JULY 31, 2014 AS DOCUMENT NO. T5188720. PARCEL 5: THE BENEFITS OF THE EASEMENTS AS CONTAINED IN EASEMENT AND CONSTRUCTION AGREEMENT DATED JUNE 6, 1989, RECORDED JUNE 28, 1989 AS ABSTRACT DOCUMENT NO. 5548949 AND RECORDED JULY 5, 1989 AS DOCUMENT NO. 2023732; AS AMENDED BY FIRST AMENDMENT TO EASEMENT AND CONSTRUCTION AGREEMENT DATED APRIL 24, 2007, RECORDED MAY 8, 2007 AS TORRENS DOCUMENT NO. 4384031. PARCEL 6: BENEFITS OF THE EASEMENTS SET FORTH IN THAT CERTAIN DECLARATION OF EASEMENTS AND COVENANTS, DATED AS OF JANUARY 31, 2013, RECORDED JANUARY 31, 2013 AS TORRENS DOCUMENT NO. T5038758; AS AMENDED BY FIRST AMENDMENT SUPPLEMENT TO DECLARATION OF EASEMENT AND COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS FOR WASHINGTONIAN CENTER DATED FEBRUARY 21DECEMBER 29, 20141988 AND RECORDED DECEMBER 15, RECORDED MARCH 7, 2014 AS DOCUMENT NO. T51565061989 IN LIBER 9123 AT FOLIO 600; AS AND FURTHER AMENDED BY SECOND AMENDMENT SUPPLEMENTAL TO DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS DATED APRIL 10, 1990 AND RECORDED APRIL 10, 1990 IN LIBER 9268 AT FOLIO 504 AND FURTHER AMENDED BY THIRD SUPPLEMENT TO DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS DATED MARCH 15, 1990 AND RECORDED MARCH 19, 1990 IN LIBER 9237 AT FOLIO 4; FURTHER AMENDED BY FOURTH SUPPLEMENT TO DECLARATION DATED MAY 2, 1997 RECORDED IN BOOK 14856 PAGE 256; FURTHER AMENDED BY FIFTH SUPPLEMENT TO DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS DATED MAY 23, 2008 AND RECORDED IN LIBER 35818 AT FOLIO 391; FURTHER AMENDED BY SIXTH SUPPLEMENT TO DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS DATED OCTOBER 1, 2008 AND RECORDED IN LIBER 36055 AT FOLIO 006; FURTHER AMENDED BY SEVENTH SUPPLEMENT TO DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS DATED JANUARY 12, 2009 AND RECORDED IN LIBER 36421 AT FOLIO 217; EIGHTH SUPPLEMENT TO DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS DATED OCTOBER 28, 2011 AND RECORDED IN LIBER 42601 AT FOLIO 95; NINTH SUPPLEMENT TO DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS DATED AUGUST 13, 2013 AND RECORDED IN LIBER 47544 AT FOLIO 460. AS AFFECTED BY AGREEMENT REGARDING COVENANTS, CONDITIONS AND RESTRICTIONS DATED MAY 2, 1997 AND RECORDED IN LIBER 14856 AT FOLIO 329. AS AFFECTED BY AGREEMENT REGARDING COVENANTS, CONDITIONS AND RESTRICTIONS DATED JUNE 18, 1999 AND RECORDED IN LIBER 17219 AT FOLIO 125. PARCEL III: TOGETHER WITH ALL RIGHTS AS ESTABLISHED BY “DECLARATION OF COVENANTS AND RECIPROCAL EASEMENT AGREEMENT PHASE I” DATED AUGUST 4, 1988 AND RECORDED AUGUST 22, 1988 IN LIBER 8429 AT FOLIO 135, AMONG THE LAND RECORDS OF XXXXXXXXXX COUNTY, MARYLAND. PARCEL IV: TOGETHER WITH TEMPORARY PARKING EASEMENT AS ESTABLISHED BY “TEMPORARY PARKING EASEMENT AGREEMENT PHASE I” DATED AUGUST 4, 1988 AND RECORDED AUGUST 22, 1988 IN LIBER 8429 AT FOLIO 187, AMONG THE LAND RECORDS OF XXXXXXXXXX COUNTY, MARYLAND, AND AS SUCH TEMPORARY PARKING EASEMENT AGREEMENT IS MODIFIED BY “DECLARATION OF PARKING AGREEMENT AND MODIFICATION OF TEMPORARY PARKING EASEMENT AGREEMENT” DATED MARCH 15, 1990 AND RECORDED MARCH 19, 1990 IN LIBER 9237 AT FOLIO 166, AMONG THE AFORESAID LAND RECORDS. PARCEL V: TOGETHER WITH ALL RIGHTS AS ESTABLISHED BY “DECLARATION OF COVENANTS AND UTILITY EASEMENT AGREEMENT PHASE I” DATED AUGUST 4, 1988 AND RECORDED AUGUST 22, 1988 IN LIBER 8429 AT FOLIO 250, AMONG THE LAND RECORDS OF XXXXXXXXXX COUNTY, MARYLAND. PARCEL VI: TOGETHER WITH BOARDWALK EASEMENT AS ESTABLISHED BY “BOARDWALK EASEMENT AGREEMENT PHASE I” DATED AUGUST 4, 1988 AND RECORDED AUGUST 22, 1988 IN LIBER 8429 AT FOLIO 281, AS AFFECTED BY THE AMENDMENT TO EASEMENT AGREEMENTS DATED MARCH 15, 1990 AND RECORDED IN LIBER 9236 AT FOLIO 881, AMONG THE LAND RECORDS OF XXXXXXXXXX COUNTY, MARYLAND. PARCEL VII: TOGETHER WITH RIGHT OF INGRESS AND EGRESS OVER “MARRIOTT DRIVE” AS ESTABLISHED BY EASEMENT FOR INGRESS AND EGRESS DATED DECEMBER 12, 1989 AND RECORDED IN LIBER 9123 AT FOLIO 589 AND AS FURTHER SET FORTH IN INGRESS AND EGRESS EASEMENT AGREEMENT FROM WILP AND WCD FOR MARRIOTT DRIVE AND SIDE ROAD ACCESS, DATED MARCH 15, 1990 AND RECORDED MARCH 19, 1990 IN LIBER 9236 AT FOLIO 821, AND RE-NUMBERED AS LIBER 9254 AT FOLIO 408, AMONG THE LAND RECORDS OF XXXXXXXXXX COUNTY, MARYLAND. PARCEL VIII: TOGETHER WITH THE BENEFICIAL RIGHTS SET FORTH IN THE RECIPROCAL EASEMENTS AND COVENANTS AS ESTABLISHED BY “DECLARATION OF RECIPROCAL EASEMENTS AND COVENANTS” DATED MARCH 15, 1990 AND RECORDED MARCH 19, 1990 IN LIBER 9237 AT FOLIO 12, AMONG THE LAND RECORDS OF XXXXXXXXXX COUNTY, MARYLAND. PARCEL IX: TOGETHER WITH ALL RIGHTS AS ESTABLISHED BY “UTILITY EASEMENT AGREEMENT” DATED DECEMBER 12, 1989 AND RECORDED DECEMBER 15, 1989 IN LIBER 9123 AT FOLIO 643, AMONG THE LAND RECORDS OF XXXXXXXXXX COUNTY, MARYLAND. PARCEL X: TOGETHER WITH ALL RIGHTS AS ESTABLISHED BY “COVENANT AGREEMENT” DATED MARCH 15, 1990 AND RECORDED MARCH 19, 1990 IN LIBER 9237 AT FOLIO 297, AS MODIFIED BY INSTRUMENTS RECORDED IN LIBER 9535 AT FOLIO 536, LIBER 9725 AT FOLIO 374 AND LIBER 9771 AT FOLIO 16, AMONG THE LAND RECORDS OF XXXXXXXXXX COUNTY, MARYLAND. PARCEL XI: FURTHER TOGETHER WITH THE BENEFICIAL EASEMENTS CREATED BY THE EASEMENT BY AND BETWEEN WASHINGTON LAKE L.L.C. AND 9800 WASHINGTONIAN OFFICE, INC., DATED MAY 9APRIL 13, 20142010 AND RECORDED APRIL 4, RECORDED JULY 31, 2014 AS DOCUMENT NO2011 IN LIBER 41396 AT FOLIO 11. T5188532.EXHIBIT B Refinance and Recording Tax Affidavits
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Xxxxxxxxx, Xx. who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. .I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. .WITNESS my hand and official seal. Signature /s/ X. Xxxxx (Seal) X. Xxxxx Book:22962 - Page:1290 EXHIBIT A Legal Description REAL PROPERTY IN THE CITY OF MINNEAPOLISXXXXXXX, COUNTY OF HENNEPINST. LOUIS, STATE OF MINNESOTAMISSOURI, MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL 1: XXXXXX XA TRACT OF LAND BEING THE EAST 25 FEET OF LOT 5, XALL OF LOTS 6, X7, X8, X9, X10, X 21, 22, 23, 24, 25 AND JTHE EAST 30 FEET OF LOT 26, REGISTERED LAND SURVEY ALL IN BLOCK 12 OF THE TOWN, NOW CITY OF CLAYTON, MISSOURI, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 11, NOW PAGE 7 OF THE ST. LOUIS COUNTY RECORDS, AND A 20 FOOT WIDE VACATED EAST-WEST ALLEY, VACATED BY XXXX XX. 3322 AND ORDINANCE NO. 17973223 OF THE CITY OF XXXXXXX, HENNEPIN A CERTIFIED COPY OF WHICH IS RECORDED IN BOOK 6284, PAGE 2311 OF THE ST. LOUIS COUNTY RECORDS, ALL IN TOWNSHIP 00 XXXXX, XXXXX 0 XXXX, XX. LOUIS COUNTY, MINNESOTA. TORRENS PROPERTY CERTIFICATE MISSOURI AND BEING MORE PARTICULARLY DESCRIBED AS: BEGINNING AT THE SOUTHEAST CORNER OF TITLE SAID LOT 10, SAID POINT BEING ALSO A POINT IN THE NORTH LINE OF FORSYTH BOULEVARD, 80 FEET WIDE, AND IN THE WEST LINE OF A 20 FOOT WIDE VACATED NORTH-SOUTH ALLEY, VACATED BY BILL NO. 1362521 5630 AND ORDINANCE NO. 5512 OF THE CITY OF XXXXXXX, A CERTIFIED COPY OF WHICH IS RECORDED IN BOOK 13098, PAGE 176 OF THE ST. LOUIS COUNTY RECORDS; THENCE WESTWARDLY ALONG SAID NORTH LINE OF FORSYTH BOULEVARD, NORTH 83 DEGREES 32 MINUTES 30 SECONDS WEST 285.00 FEET TO THE SOUTHEAST CORNER OF A 25 FOOT WIDE PUBLIC ALLEY CREATED BY DEED RECORDED IN BOOK 6283, PAGE 2538, AND ACCEPTED FOR USE AND MAINTENANCE BY THE CITY OF XXXXXXX BY XXXX XX. 3321, ORDINANCE NO. 3222, A CERTIFIED COPY OF WHICH IS RECORDED IN BOOK 6283, PAGE 2537 OF THE ST. LOUIS COUNTY RECORDS; THENCE NORTHWARDLY ALONG THE EAST LINE OF SAID ALLEY AND ITS NORTHWARDLY PROLONGATION NORTH 06 DEGREES 30 MINUTES 00 SECONDS EAST 222.60 FEET TO A POINT IN THE ORIGINAL CENTERLINE OF THE ABOVE MENTIONED 20 FOOT WIDE VACATED EAST-WEST ALLEY; THENCE WESTWARDLY ALONG SAID CENTERLINE NORTH 83 DEGREES 33 MINUTES 15 SECONDS WEST 5.00 FEET TO A POINT; THENCE NORTH 06 DEGREES 30 MINUTES EAST 10.00 FEET TO A POINT IN THE SOUTH LINE OF AFORESAID LOT 26, SAID POINT BEING DISTANT 30 FEET WESTWARDLY ALONG SAID SOUTH LINE OF LOT 26 FROM THE SOUTHEAST CORNER THEREOF; THENCE NORTHWARDLY ALONG A LINE 30 FEET WEST OF AND PARALLEL TO THE EAST LINE OF LOT 26 NORTH 06 DEGREES 30 MINUTES EAST 212.60 FEET TO A POINT IN THE SOUTH LINE OF MARYLAND AVENUE, 80 FEET WIDE; THENCE EASTWARDLY ALONG SAID SOUTH LINE OF MARYLAND AVENUE SOUTH 83 DEGREES 34 MINUTES 00 SECONDS EAST 290.00 FEET TO THE NORTHEAST CORNER OF AFORESAID LOT 21, SAID POINT BEING ALSO A POINT IN THE WEST LINE OF THE ABOVE MENTIONED 20 FOOT WIDE VACATED NORTH-SOUTH ALLEY; THENCE SOUTHWARDLY ALONG SAID WEST LINE AND BEING PARTIALLY ALONG THE Book:22962 - Page:1290 EAST LINE OF SAID LOT 21 AND AFORESAID LOT 10, SOUTH 06 DEGREES 30 MINUTES 00 SECONDS WEST 445.33 FEET TO THE POINT OF BEGINNING AND CONTAINING 128,014 SQUARE FEET OR 2.939 ACRES, ACCORDING TO A SURVEY BY XXXX, INC. PARCEL 2: EASEMENT A TRACT OF LAND BEING PART OF LOTS 11 THROUGH 20 INCLUSIVE IN BLOCK 12 OF THE TOWN, NOW CITY OF CLAYTON, MISSOURI, ACCORDING TO CONSTRUCTTHE PLAT THEREOF RECORDED IN PLAT BOOK 1, RECONSTRUCTPAGE 11, REPAIRNOW PAGE 7, MAINTAINOF THE ST. LOUIS COUNTY RECORDS, USE IN TOWNSHIP 45 NORTH, RANGE 0 XXXX, XX. LOUIS COUNTY, MISSOURI AND OBTAIN ACCESS OVERBEING MORE PARTICULARLY DESCRIBED AS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 11, ACROSS AND THROUGH THE SKYWAYS (AS DEFINED SAID POINT BEING IN THE AGREEMENTNORTH LINE OF FORSYTH BOULEVARD, 80 FEET WIDE, AND IN THE EAST LINE OF A 20 FOOT WIDE VACATED NORTH-SOUTH ALLEY, VACATED BY BILL NO. 5630 AND ORDINANCE NO. 5512 OF THE CITY OF XXXXXXX, A CERTIFIED COPY OF WHICH IS RECORDED IN BOOK 13098, PAGE 176 OF THE ST. LOUIS COUNTY RECORDS; THENCE NORTHWARDLY ALONG SAID EAST LINE OF THE 20 FOOT WIDE VACATED NORTH-SOUTH ALLEY, BEING ALSO ALONG THE WEST LINE OF AFORESAID LOTS 11 THROUGH 20, NORTH 06 DEGREES 30 MINUTES 00 SECONDS EAST 445.34 FEET TO THE NORTHWEST CORNER OF SAID LOT 20, SAID POINT BEING ALSO A POINT IN THE SOUTH LINE OF MARYLAND AVENUE, 80 FEET WIDE; THENCE EASTWARDLY ALONG SAID SOUTH LINE OF MARYLAND AVENUE, SOUTH 83 DEGREES 34 MINUTES 00 SECONDS EAST 139.31 FEET TO A POINT IN THE WEST LINE OF XXXXXX ROAD, AS HEREINAFTER DEFINED) AS SET FORTH WIDENED BY INSTRUMENT RECORDED IN THAT CERTAIN SIXTH SKYWAY AGREEMENTBOOK 4799 PAGE 235 OF THE ST. LOUIS COUNTY RECORDS; THENCE SOUTHWARDLY ALONG SAID WEST LINE OF XXXXXX ROAD, DATED AS THE FOLLOWING COURSES AND DISTANCES: ALONG A CURVE TO THE RIGHT WHOSE RADIUS POINT BEARS SOUTH 28 DEGREES 17 MINUTES 59 SECONDS WEST 69.50 FEET FROM THE LAST MENTIONED POINT, A DISTANCE OF FEBRUARY 2782.73 FEET, 1992SOUTH 06 DEGREES 30 MINUTES 00 SECONDS WEST 331.37 FEET AND ALONG A CURVE TO THE RIGHT WHOSE RADIUS POINT BEARS NORTH 83 DEGREES 30 MINUTES 00 SECONDS WEST 54.50 FEET FROM THE LAST MENTIONED POINT, RECORDED MARCH 31A DISTANCE OF 62.04 FEET TO A POINT IN THE AFORESAID NORTH LINE OF FORSYTH BOULEVARD, 1992 AS ABSTRACT DOCUMENT NO. 5893893 80 FEET WIDE; THENCE WESTWARDLY ALONG SAID NORTH LINE NORTH 83 DEGREES 32 MINUTES 30 SECONDS WEST 151.34 FEET TO THE POINT OF BEGINNING AND RECORDED MAY 7CONTAINING 80,285 SQUARE FEET OR 1.843 ACRES, 1992 AS TORRENS DOCUMENT NO. 2248394 (THE “AGREEMENT”); AS AMENDED ACCORDING TO SURVEY BY AMENDMENT TO SIXTH STREET SKYWAY AGREEMENTXXXX, DATED AS OF JANUARY 31, 2013, RECORDED JANUARY 31, 2013 AS DOCUMENT NOS. A9902192 AND T5038757INC. PARCEL 3: NONA TRACT OF LAND BEING THE TWENTY FOOT WIDE VACATED NORTH-EXCLUSIVE EASEMENT (A) FOR THE SUPPORTSOUTH ALLEY, MAINTENANCE, REPAIR, RECONSTRUCTION VACATED BY XXXX XX. 5630 AND REMOVAL ORDINANCE NO. 5512 OF THE SKYWAY BRIDGE (CITY OF XXXXXXX, A CERTIFIED COPY OF WHICH IS RECORDED IN BOOK 13098, PAGE 176 OF THE ST. LOUIS COUNTY RECORDS, IN BLOCK 12 OF THE TOWN, NOW CITY OF Book:22962 - Page:1290 CLAYTON, MISSOURI AS DEFINED SHOWN ON THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 11, NOW PAGE 7, OF THE ST. LOUIS COUNTY RECORDS, IN TOWNSHIP 45 NORTH, RANGE 0 XXXX, XX. LOUIS COUNTY, MISSOURI, EXTENDING FROM FORSYTH BOULEVARD ON THE SOUTH TO MARYLAND AVENUE ON THE NORTH AND BEING MORE PARTICULARLY DESCRIBED AS: BEGINNING AT THE SOUTHEAST CORNER OF LOT 10 IN BLOCK 12 OF SAID TOWN, NOW CITY OF CLAYTON, MISSOURI, SAID POINT BEING ALSO A POINT IN THE AGREEMENTNORTH LINE OF FORSYTH BOULEVARD, AS HEREINAFTER DEFINED)80 FEET WIDE; THENCE NORTHWARDLY ALONG THE EAST LINE OF SAID LOT 10, INCLUDING ALL NECESSARY CONNECTIONS ALONG THE EAST LINE OF THE SKYWAY BRIDGE VACATED 20 FOOT WIDE EAST-WEST ALLEY, VACATED BY BILL NO. 3322 AND ORDINANCE NO. 3223 OF THE CITY OF XXXXXXX, A CERTIFIED COPY OF WHICH IS RECORDED IN BOOK 6284, PAGE 2311 OF THE ST. LOUIS COUNTY RECORDS, AND ALONG THE EAST LINE OF LOT 21 OF SAID BLOCK 12, NORTH 06 DEGREES 30 MINUTES 00 SECONDS EAST 445.33 FEET TO A POINT IN THE SOUTH LINE OF MARYLAND AVENUE, 80 FEET WIDE; THENCE EASTWARDLY ALONG SAID SOUTH LINE SOUTH 83 DEGREES 34 MINUTES 0 SECONDS EAST 20.00 FEET TO THE SIXTH NORTHWEST CORNER OF LOT 20 OF SAID BLOCK 12; THENCE SOUTHWARDLY ALONG THE WEST LINE OF LOTS 20, 19, 18, 17, 16, 15, 14, 13, 12 AND NICOLLET BUILDING (AS DEFINED 11 OF SAID BLOCK 12, SOUTH 06 DEGREES 30 MINUTES 00 SECONDS WEST 445.34 FEET TO A POINT IN THE AGREEMENT)AFORESAID NORTH LINE OF FORSYTH BOULEVARD, (B) WITHIN THE SKYWAY BRIDGE FOR THE PURPOSES OF PEDESTRIAN ACCESS AND PASSAGE THROUGH THE SKYWAY BRIDGE AND REASONABLE INCIDENTAL USES80 FEET WIDE; THENCE WESTWARDLY ALONG SAID NORTH LINE, AND (C) OVER THE SIXTH AND NICOLLET INTERIOR CORRIDOR (AS DEFINED IN THE AGREEMENT) CONNECTING THE SKYWAY BRIDGE TO CITY CENTER (AS DEFINED IN THE AGREEMENT) AND OTHER STREETS AND OTHER SKYWAYS IN OR ADJACENT NORTH 83 DEGREES 32 MINUTES 30 SECONDS WEST 20.00 FEET TO THE SIXTH POINT OF BEGINNING AND NICOLLET BUILDING FOR PEDESTRIAN ACCESS AND PASSAGECONTAINING 8.906 SQUARE FEET OR 0.204 ACRES, ALL AS SET FORTH IN THAT CERTAIN AMENDED AND RESTATED SKYWAY AGREEMENTACCORDING TO A SURVEY BY XXXX, DATED AS OF OCTOBER 27, 2000, RECORDED OCTOBER 5, 2001 AS DOCUMENT NOS. 7554047 AND 3442897 (THE “AGREEMENT”)INC. PARCEL 4: EXCLUSIVE PERMANENT EASEMENT OVER AND ACROSS UNDERGROUND ROADWAY FOR THE BENEFITS PURPOSE OF THE EASEMENTS AS CONTAINED IN EASEMENT PEDESTRIAN AND CONSTRUCTION AGREEMENT DATED JUNE 6VEHICULAR ACCESS BETWEEN UNDERGROUND PARKING GARAGES, 1989, RECORDED JUNE 28, 1989 AS ABSTRACT DOCUMENT NO. 5548948 AND RECORDED JULY 5, 1989 AS DOCUMENT NO. 2023731; AS AMENDED BY FIRST AMENDMENT ACCORDING TO EASEMENT AGREEMENT RECORDED IN BOOK 11092, PAGE 201. FOR INFORMATIONAL PURPOSES ONLY: TAX ID NOS. 18K321096 AND CONSTRUCTION AGREEMENT, DATED MAY 9, 2014, RECORDED JULY 31, 2014 AS DOCUMENT NO. T5188720. PARCEL 5: THE BENEFITS OF THE EASEMENTS AS CONTAINED IN EASEMENT AND CONSTRUCTION AGREEMENT DATED JUNE 6, 1989, RECORDED JUNE 28, 1989 AS ABSTRACT DOCUMENT NO. 5548949 AND RECORDED JULY 5, 1989 AS DOCUMENT NO. 2023732; AS AMENDED BY FIRST AMENDMENT TO EASEMENT AND CONSTRUCTION AGREEMENT DATED APRIL 24, 2007, RECORDED MAY 8, 2007 AS TORRENS DOCUMENT NO. 4384031. PARCEL 6: BENEFITS OF THE EASEMENTS SET FORTH IN THAT CERTAIN DECLARATION OF EASEMENTS AND COVENANTS, DATED AS OF JANUARY 31, 2013, RECORDED JANUARY 31, 2013 AS TORRENS DOCUMENT NO. T5038758; AS AMENDED BY FIRST AMENDMENT TO DECLARATION OF EASEMENT AND COVENANTS, DATED FEBRUARY 21, 2014, RECORDED MARCH 7, 2014 AS DOCUMENT NO. T5156506; AS FURTHER AMENDED BY SECOND AMENDMENT TO DECLARATION OF EASEMENT AND COVENANTS, DATED MAY 9, 2014, RECORDED JULY 31, 2014 AS DOCUMENT NO. T5188532.18K321085 NAI-1503492337v3
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Xxxxxxxxx, Xx. who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/aresubscribed to the within instrument and acknowledged to me that he/she/they executed the same inhis/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument theperson(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature /s/ Xxxxxxx Xxxxxx Xxxxxxxx (Seal) ADMINISTRATIVE AGENT: BANK OF AMERICA, N.A., a national banking association, as Administrative Agent By: /s/ Xxxxx XxXxxx Name: Xxxxx XxXxxx Title: Senior Vice President ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ORANGE On 11/01/2021 before me, XXXXX XXXXXX , Notary Public, (insert name and title of the officer) personally appeared XXXXX XXXXXX who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature /s/ X. Xxxxx Xxxxxx (Seal) EXHIBIT A Legal Description REAL PROPERTY IN THE CITY OF MINNEAPOLIS, COUNTY OF HENNEPIN, STATE OF MINNESOTA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL 1: XXXXXX X, X, X, X, X, X, X AND J, REGISTERED LAND SURVEY NO. 1797, HENNEPIN COUNTY, MINNESOTA. TORRENS PROPERTY CERTIFICATE OF TITLE NO. 1362521 PARCEL 2: EASEMENT TO CONSTRUCT, RECONSTRUCT, REPAIR, MAINTAIN, USE AND OBTAIN ACCESS OVER, ACROSS AND THROUGH THE SKYWAYS (AS DEFINED IN THE AGREEMENT, AS HEREINAFTER DEFINED) AS SET FORTH IN THAT CERTAIN SIXTH SKYWAY AGREEMENT, DATED AS OF FEBRUARY 27, 1992, RECORDED MARCH 31, 1992 AS ABSTRACT DOCUMENT NO. 5893893 AND RECORDED MAY 7, 1992 AS TORRENS DOCUMENT NO. 2248394 (THE “AGREEMENT”); AS AMENDED BY AMENDMENT TO SIXTH STREET SKYWAY AGREEMENT, DATED AS OF JANUARY 31, 2013, RECORDED JANUARY 31, 2013 AS DOCUMENT NOS. A9902192 AND T5038757. PARCEL 3: NON-EXCLUSIVE EASEMENT (A) FOR THE SUPPORT, MAINTENANCE, REPAIR, RECONSTRUCTION AND REMOVAL OF THE SKYWAY BRIDGE (AS DEFINED IN THE AGREEMENT, AS HEREINAFTER DEFINED), INCLUDING ALL NECESSARY CONNECTIONS OF THE SKYWAY BRIDGE TO THE SIXTH AND NICOLLET BUILDING (AS DEFINED IN THE AGREEMENT), (B) WITHIN THE SKYWAY BRIDGE FOR THE PURPOSES OF PEDESTRIAN ACCESS AND PASSAGE THROUGH THE SKYWAY BRIDGE AND REASONABLE INCIDENTAL USES, AND (C) OVER THE SIXTH AND NICOLLET INTERIOR CORRIDOR (AS DEFINED IN THE AGREEMENT) CONNECTING THE SKYWAY BRIDGE TO CITY CENTER (AS DEFINED IN THE AGREEMENT) AND OTHER STREETS AND OTHER SKYWAYS IN OR ADJACENT TO THE SIXTH AND NICOLLET BUILDING FOR PEDESTRIAN ACCESS AND PASSAGE, ALL AS SET FORTH IN THAT CERTAIN AMENDED AND RESTATED SKYWAY AGREEMENT, DATED AS OF OCTOBER 27, 2000, RECORDED OCTOBER 5, 2001 AS DOCUMENT NOS. 7554047 AND 3442897 (THE “AGREEMENT”). PARCEL 4: THE BENEFITS OF THE EASEMENTS AS CONTAINED IN EASEMENT AND CONSTRUCTION AGREEMENT DATED JUNE 6, 1989, RECORDED JUNE 28, 1989 AS ABSTRACT DOCUMENT NO. 5548948 AND RECORDED JULY 5, 1989 AS DOCUMENT NO. 2023731; AS AMENDED BY FIRST AMENDMENT TO EASEMENT AND CONSTRUCTION AGREEMENT, DATED MAY 9, 2014, RECORDED JULY 31, 2014 AS DOCUMENT NO. T5188720. PARCEL 5: THE BENEFITS OF THE EASEMENTS AS CONTAINED IN EASEMENT AND CONSTRUCTION AGREEMENT DATED JUNE 6, 1989, RECORDED JUNE 28, 1989 AS ABSTRACT DOCUMENT NO. 5548949 AND RECORDED JULY 5, 1989 AS DOCUMENT NO. 2023732; AS AMENDED BY FIRST AMENDMENT TO EASEMENT AND CONSTRUCTION AGREEMENT DATED APRIL 24, 2007, RECORDED MAY 8, 2007 AS TORRENS DOCUMENT NO. 4384031. PARCEL 6: BENEFITS OF THE EASEMENTS SET FORTH IN THAT CERTAIN DECLARATION OF EASEMENTS AND COVENANTS, DATED AS OF JANUARY 31, 2013, RECORDED JANUARY 31, 2013 AS TORRENS DOCUMENT NO. T5038758; AS AMENDED BY FIRST AMENDMENT TO DECLARATION OF EASEMENT AND COVENANTS, DATED FEBRUARY 21, 2014, RECORDED MARCH 7, 2014 AS DOCUMENT NO. T5156506; AS FURTHER AMENDED BY SECOND AMENDMENT TO DECLARATION OF EASEMENT AND COVENANTS, DATED MAY 9, 2014, RECORDED JULY 31, 2014 AS DOCUMENT NO. T5188532.. Property Tax Identification No. 22-029-24-44-0112 Property Tax Identification No. 22-029-24-44-0113 Property Tax Identification No. 22-029-24-44-0117 Property Tax Identification No. 22-029-24-44-0119 Property Tax Identification No. 22-029-24-44-0111 Property Tax Identification No. 22-029-24-44-0114 Property Tax Identification No. 22-029-24-44-0118 Property Tax Identification No. 22-029-24-44-0120
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Samples: Easement and Construction Agreement (KBS Real Estate Investment Trust III, Inc.)
Xxxxxxxxx, Xx. Xxxxxxx X. Xxxxxxxxx, Xx., Chief Executive Officer SMRH:4842-8642-7337.7 X-0 Xxxxxxxxx Xxxxx - Xxxxxxxx, 0XXX-000000 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) ) County of Orange ) On October 20, 2020, before me, X. Xxxxx, Notary Public, a Notary Public, personally appeared Xxxxxxx X. Xxxxxxxxx, Xx. who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the of State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. : Signature /s/ X. Xxxxx (Seal) EXHIBIT A Legal Description REAL PROPERTY IN THE CITY OF MINNEAPOLISLEGAL DESCRIPTION Note: The phrase "vacated 18 foot alley" as used in these legal descriptions is in reference to the 18 foot wide North-South alley lying in Block 50 which was vacated by Ordinance recorded January 5, COUNTY OF HENNEPIN, STATE OF MINNESOTA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL 1907 as Document No. 3974491. Parcel 1: XXXXXX XThe South 275.06 feet (measured perpendicularly) of the following described property, Xall taken as a tract: Block 50 and the vacated 18 foot alley in said Block 50 (except that part of Block 50 and the vacated alley therein, Xlying in Madison Street as widened) in the Original Town of Chicago in the Southwest 1/4 of Section 9, XTownship 39 North, XRange 14 East of the Third Principal Meridian in Xxxx County, XIllinois. Parcel 2a: That part of the following described property, X AND Jall taken as a tract, REGISTERED LAND SURVEY NOlying below a horizontal plane having an elevation of +23.00 feet Chicago City Datum and lying North of the South 275.06 feet (measured perpendicularly) of said tract: Block 50 and the vacated 18 foot alley in said Block 50 (except that part of Block 50 and the vacated alley therein, lying in Madison Street as widened) in the Original Town of Chicago in the Southwest 1/4 of Section 9, Township 39 North, Range 14 East of the Third Principal Meridian in Xxxx County, Illinois. 1797Parcel 2b: Easement for the benefit of Parcels 1, HENNEPIN COUNTY2a and 2c, MINNESOTA. TORRENS PROPERTY CERTIFICATE OF TITLE NO. 1362521 PARCEL 2: EASEMENT TO CONSTRUCTas created by the Declaration of Easements, RECONSTRUCTCovenants, REPAIRConditions and Restrictions made by Chicago and Northwestern Transportation Company, MAINTAINa Delaware corporation, USE AND OBTAIN ACCESS OVER, ACROSS AND THROUGH THE SKYWAYS (AS DEFINED IN THE AGREEMENT, AS HEREINAFTER DEFINED) AS SET FORTH IN THAT CERTAIN SIXTH SKYWAY AGREEMENT, DATED AS OF FEBRUARY 27, 1992, RECORDED MARCH and Chicago Title and Trust Company as Trustee under Trust Agreement dated March 31, 1992 AS ABSTRACT DOCUMENT NO. 5893893 AND RECORDED MAY 1982 and known as Trust Number 1079000, dated March 31, 1982 and recorded September 7, 1992 AS TORRENS DOCUMENT NO1984 as Document No. 2248394 27245590, over the following described property: That part of the following described property, all taken as a tract, lying above a horizontal plane having an elevation of +23.00 feet Chicago City Datum, lying below a horizontal plane having an elevation of +59.63 feet Chicago City Datum, and lying North of the South 275.06 feet (THE “AGREEMENT”); AS AMENDED BY AMENDMENT TO SIXTH STREET SKYWAY AGREEMENTmeasured perpendicularly) of said tract: Block 50 and the vacated 18 foot alley in said Block 50 (except that part of Block 50 and the vacated alley therein, DATED AS OF JANUARY 31, 2013, RECORDED JANUARY 31, 2013 AS DOCUMENT NOS. A9902192 AND T5038757. PARCEL 3: NON-EXCLUSIVE EASEMENT (Alying in Madison Street as widened) FOR THE SUPPORT, MAINTENANCE, REPAIR, RECONSTRUCTION AND REMOVAL OF THE SKYWAY BRIDGE (AS DEFINED IN THE AGREEMENT, AS HEREINAFTER DEFINED), INCLUDING ALL NECESSARY CONNECTIONS OF THE SKYWAY BRIDGE TO THE SIXTH AND NICOLLET BUILDING (AS DEFINED IN THE AGREEMENT), (B) WITHIN THE SKYWAY BRIDGE FOR THE PURPOSES OF PEDESTRIAN ACCESS AND PASSAGE THROUGH THE SKYWAY BRIDGE AND REASONABLE INCIDENTAL USES, AND (C) OVER THE SIXTH AND NICOLLET INTERIOR CORRIDOR (AS DEFINED IN THE AGREEMENT) CONNECTING THE SKYWAY BRIDGE TO CITY CENTER (AS DEFINED IN THE AGREEMENT) AND OTHER STREETS AND OTHER SKYWAYS IN OR ADJACENT TO THE SIXTH AND NICOLLET BUILDING FOR PEDESTRIAN ACCESS AND PASSAGE, ALL AS SET FORTH IN THAT CERTAIN AMENDED AND RESTATED SKYWAY AGREEMENT, DATED AS OF OCTOBER 27, 2000, RECORDED OCTOBER 5, 2001 AS DOCUMENT NOS. 7554047 AND 3442897 (THE “AGREEMENT”). PARCEL 4: THE BENEFITS OF THE EASEMENTS AS CONTAINED IN EASEMENT AND CONSTRUCTION AGREEMENT DATED JUNE 6, 1989, RECORDED JUNE 28, 1989 AS ABSTRACT DOCUMENT NO. 5548948 AND RECORDED JULY 5, 1989 AS DOCUMENT NO. 2023731; AS AMENDED BY FIRST AMENDMENT TO EASEMENT AND CONSTRUCTION AGREEMENT, DATED MAY in the Original Town of Chicago in the Southwest 1/4 of Section 9, 2014Township 39 North, RECORDED JULY 31Range 14 East of the Third Principal Meridian in Xxxx County, 2014 AS DOCUMENT NOIllinois, SMRH:4842-8642-7337.7 Exhibit A Accenture Tower - Mortgage, 0YWK-314211 EXHIBIT A LEGAL DESCRIPTION (continued) for the construction, maintenance, use, repair, replacement, renovation, reconstruction and improvement with caissons, support posts, arches, columns or other support devices; and for the installation and maintenance of utility lines. T5188720. PARCEL 5Parcel 2c: THE BENEFITS OF THE EASEMENTS AS CONTAINED IN EASEMENT AND CONSTRUCTION AGREEMENT DATED JUNE 6That part of the following described property, 1989all taken as a tract, RECORDED JUNE 28lying above a horizontal plane having an elevation of +59.63 feet Chicago City Datum and lying North of the South 275.06 feet (measured perpendicularly) of said tract: Block 50 and the vacated 18 foot alley in said Block 50 (except that part of Block 50 and the vacated alley therein, 1989 AS ABSTRACT DOCUMENT NO. 5548949 AND RECORDED JULY 5, 1989 AS DOCUMENT NO. 2023732; AS AMENDED BY FIRST AMENDMENT TO EASEMENT AND CONSTRUCTION AGREEMENT DATED APRIL 24, 2007, RECORDED MAY 8, 2007 AS TORRENS DOCUMENT NO. 4384031. PARCEL 6: BENEFITS OF THE EASEMENTS SET FORTH IN THAT CERTAIN DECLARATION OF EASEMENTS AND COVENANTS, DATED AS OF JANUARY 31, 2013, RECORDED JANUARY 31, 2013 AS TORRENS DOCUMENT NO. T5038758; AS AMENDED BY FIRST AMENDMENT TO DECLARATION OF EASEMENT AND COVENANTS, DATED FEBRUARY 21, 2014, RECORDED MARCH 7, 2014 AS DOCUMENT NO. T5156506; AS FURTHER AMENDED BY SECOND AMENDMENT TO DECLARATION OF EASEMENT AND COVENANTS, DATED MAY lying in Madison Street as widened) in the Original Town of Chicago in the Southwest 1/4 of Section 9, 2014Township 39 North, RECORDED JULY 31Range 14 East of the Third Principal Meridian in Xxxx County, 2014 AS DOCUMENT NOIllinois. T5188532PIN Nos.: 17-09-342-002-0000 17-09-342-004-0000 17-09-342-005-0000 FOR REFERENCE PURPOSES ONLY, THE ABOVE DESCRIBED PROPERTY IS COMMONLY KNOWN AS: 000 Xxxx Xxxxxxx Xxxxxx Xxxxxxx, Xxxxxxxx 00000 SMRH:4842-8642-7337.7 0 Xxxxxxxxx Xxxxx - Xxxxxxxx,
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Samples: Security Agreement and Fixture Filing (KBS Real Estate Investment Trust III, Inc.)
