C-11518-025-id assign ground lse 4/5/90
ASSIGNMENT OF GROUND LEASE
THIS ASSIGNMENT OF GROUND LEASE ("Assignment") is made and entered
into as of the 6th day of April, 1990, by and between PACE ENTERTAINMENT GROUP,
INC., a Texas corporation, having an office at 000 Xxxx Xxx Xxxxxxxxx, Xxxxx
000, Xxxxxxx, Xxxxx 00000 ("Assignor") and YM/PACE PARTNERSHIP, a New York
general partnership, having an office at 0000 Xxxxxxxx, Xxxxx 0000, Xxx Xxxx,
Xxx Xxxx 00000 ("Assignee").
WHEREAS, Assignor is the owner of the leasehold estate (the
"Leasehold Estate") in the land located at the southwest intersection of U.S.
Route 22 and Pennsylvania Route 18, in Hanover Township, Washington County,
Pennsylvania, and more particularly described on Exhibit A hereto, and in the
improvements erected thereon, pursuant to a Lease Agreement, dated November 1,
1989, by and between Crossroads Properties, Incorporated, and Assignor, a
memorandum of which was recorded on January 12, 1990, in the Recorder's Office
of Washington County, Pennsylvania in Deed Book Volume 2394, Page 524 (the
"Ground Lease"); and
WHEREAS, pursuant to the terms of that certain Partnership Agreement
of Assignee, dated of even date herewith, between Pace Concerts, Inc. and YM
Corp., Pace Concerts, Inc. has agreed to cause Assignor to assign Assignor's
interest in the Ground Lease to Assignee.
NOW, THEREFORE, for TEN DOLLARS ($10.00) cash in hand paid, and for
other good and valuable consideration, the receipt and sufficiency of which are
acknowledged hereby, and intending to be legally bound hereby, the parties agree
as follows:
1. Assignor hereby assigns, transfers and conveys to Assignee all of
the right, title and interest of Assignor in and to (a) the Leasehold Estate,
free and clear of all liens and encumbrances except those exceptions (the
"Permitted Exceptions") shown on Exhibit B hereto, and (b) the rights, powers,
privileges and benefits of the Tenant (as defined in the Ground Lease) in, to
and under the Ground Lease, to have and to hold the same forever. Assignor shall
indemnify and hold harmless Assignee from and against any and all liability,
loss and expense (including reasonable attorneys' fees and disbursements)
incurred by Assignee in connection with any matter arising under the Ground
Lease prior to the date hereof. Pursuant to the terms of the Ground Lease, the
within assignment of the Leasehold Estate and the rights, powers, privileges and
benefits of the Tenant will not operate to release Assignor from its obligations
under the Ground Lease.
2. Assignee hereby accepts this Assignment and assumes all of the
obligations of the Tenant under the Ground Lease arising from and after the date
hereof. Assignee shall indemnify and hold
harmless Assignor from and against any and all liability, loss and expense
(including reasonable attorneys' fees and disbursements) incurred by Assignor in
connection with any matter arising under the Ground Lease from and after the
date hereof.
3. Assignee hereby acknowledges that an outdoor entertainment
facility is currently under construction on the real property covered by the
Ground Lease and agrees that the term "Permitted Exceptions", as used herein,
shall include any and all liens, claims or encumbrances arising out of such
construction including, without limitation, inchoate mechanics' and
materialmen's liens.
4. This Assignment shall be construed under the laws of the State of
Pennsylvania.
5. The provisions hereof shall bind and inure to the benefit of
Assignor and Assignee and their respective successors and assigns.
6. Assignor and Assignee each represent to the other that they have
full power and authority to execute and deliver this Assignment.
IN WITNESS WHEREOF, and intending to be legally bound, the parties
hereto have executed this Assignment as of the day and year above written.
PACE ENTERTAINMENT GROUP, INC., a
Texas corporation
ATTEST:
/s/ Xxxxxxx X. Xxxxx By: /s/ Xxxxx X. Xxxxxx
----------------------- -----------------------
Name: Xxxxxxx X. Xxxxx Name: Xxxxx X. Xxxxxx
Title: Vice President Title: Vice President
YM/PACE PARTNERSHIP, a New York
general partnership
By: YM Corp., Partner
ATTEST:
/s/ Xxxx Xxxxxxxx By: /s/ Xxxxxx Xxxx
----------------------- -----------------------
Name: Xxxx Xxxxxxxx Name: Xxxxxx Xxxx
Title: Assistant Secretary Title: Vice President
By: Pace Concerts, Inc., Partner
ATTEST:
/s/ Xxxxxxx X. Xxxxx By: /s/ Xxxxx X. Xxxxxx
----------------------- -----------------------
Name: Xxxxxxx X. Xxxxx Name: Xxxxx X. Xxxxxx
Title: Vice President Title: Vice President
-2-
EXHIBIT A
DESCRIPTION OF LAND
All that certain piece, parcel and tract of land lying, being and situate in the
Township of Hanover, County of Washington, Commonwealth of Pennsylvania, said
piece, parcel and tract of land hereby conveyed being more specifically and
particularly bounded and described as follows:
Beginning at a point at the Southwest corner of Reservation No. 1 Xxxxxxxxx
Charities, Inc., Tract VI, Deed Book Volume 989, Page 129 thence along the land
now or formerly of Pennsylvania Game Commission, Xxxxx Xxxx Xxxxx Xx. 000, Xxxxx
81(degrees) 32' 00" West 1478.75 feet to a point; thence along land now or
formerly of Pennsylvania State Game Commission, Parcel 1, Deed Book Volume 1396,
Page 18, South 34(degrees) 35' 50" West 1697.07 feet to a point common to this
land and to land of the Pennsylvania State Game Commission and to land now or
formerly of Xxxxx and Xxxx Xxxxxxx; thence along land now or formerly of Xxxxx
and Xxxx Xxxxxxx North 14(degrees) 53' 00" West 197.21 feet to a point; thence
along land now or formerly of Xxxxx and Xxxx Xxxxxxx North 81(degrees) 08' 00"
West 140.00 feet to a point; thence along land now or formerly of Xxxxx and Xxxx
Xxxxxxx North 80(degrees) 35' 00" West 991.14 feet to a point; thence along land
now or formerly of Xxxxx and Xxxx Xxxxxxx and thence along land now of
Crossroads Properties, Incorporated North 27(degrees) 44' 00" West 2560.46 feet
to a point; thence along land now of Crossroads Properties, Incorporated North
52(degrees) 49' 22" East 171.80 feet to a point; thence along land now of
Crossroads Properties, Incorporated North 20(degrees) 10' 00" West 1306.52 feet
to a point on the southerly Right-of-Way line of U.S. Route 22; thence along
that same Right-of-Way North 72(degrees) 36' 09" East 15.00 feet to a point;
thence along that same Right-of-Way North 17(degrees) 23' 51" West 25.00 feet to
a point; thence along that same Right-of-Way North 72(degrees) 36' 09" East
492.00 feet; thence along that same Right-of-Way South 17(degrees) 23' 51" East
35.00 feet to a point; thence along that same Right-of-Way North 72(degrees) 36'
09" East 300.00 feet to a point; thence along that same Right-of-Way North
17(degrees) 23' 51" West 35.00 feet to a point; thence along that same
Right-of-Way North 72(degrees) 36' 09" East 1109.61 feet to a point; thence
along that same Right-of-Way South 13(degrees) 57' 50" East 42.00 feet to a
point; thence along that same Right-of-Way North 76(degrees) 02' 10" East 332.06
feet to a point; thence along that same Right-of-Way by a curve to the Right,
which curve is the arc of a circle having a radius of 537.27 feet, an arc
distance of 57.25 feet to a point, the chord for the curve being South
72(degrees) 58' 55" East; thence along that same Right-of-Way South 20(degrees)
04' 20" West 100.00 feet to a point; thence by a curve to the Right, which curve
is the arc of a circle having a radius of 437.27 feet, an arc distance of 241.76
feet to a point, the chord of the curve being South 53(degrees) 52' 47" East;
thence along that same Right-of-Way South 65(degrees) 43' 13" East 243.01 feet
to a point; thence along that same Right-of-Way North 24(degrees) 16' 47" East
68.00 feet to a point; thence along that same Right-of-Way South 65(degrees) 43'
13" East
164.02 feet to a point; thence along that same Right-of-Way by a curve to the
Left, which curve is the arc of a circle having a radius of 398.00 feet, an arc
distance of 364.59 feet to a point, the chord of the arc being North 87(degrees)
01' 11" East; thence along that same Right-of-Way South 30(degrees) 14' 23" East
30.00 feet to a point; thence along that same Right-of-Way by a curve to the
Left, which curve is the arc of a circle having a radius of 428.00 feet, an arc
distance of 40.92 feet to a point, the chord of the curve being North
57(degrees) 01' 17" East; thence along that same Right-of-Way North 54(degrees)
16' 47" East 168.00 feet to a point; thence along that same Right-of-Way South
80(degrees) 43' 13" East 45.00 feet to a point; thence South 35(degrees) 43' 13"
East 560.00 feet to a point; thence along land now or formerly of X. X. Xxxxxx
and J. R. Xxxxxx South 17(degrees) 46' 00" West 66.00 feet to a point; thence
along land now or formerly of X. X. Xxxxxx and J. R. Xxxxxx North 77(degrees)
44' 00" East 160.00 feet to a point; thence to the centerline of Pennsylvania
State Route 18 North 74(degrees) 30' 00" East 63.84 feet to a point; thence
along the centerline of Pennsylvania State Route 18 South 36(degrees) 14' 00"
East 1971.67 feet to a point; thence leaving the centerline of Pennsylvania
State Route 18 and along land now or formerly of Bologna Coal Company, South
53(degrees) 46' 00" West 518.80 feet to a point; thence along land now or
formerly of Bologna Coal Company, along land now or formerly Royal Helicopter
Service and along Reservation No. 1 Xxxxxxxxx Charities, Inc., Tract VI, South
29(degrees) 43' 20" East 935.04 feet to the point of beginning.
Containing 327.22 Acres.
BEING a part of those certain pieces, parcels and tracts of land conveyed by
Xxxxxxxxx Charities, Inc., as Grantor, to Crossroads Properties, Inc., as
Grantee, by Deed dated June 19, 1989 and recorded, in the Office of the Recorder
of Deeds of Washington County, at Deed Book Volume 2371, Page 225, et seq.
A-2
All that certain piece, parcel and tract of land lying, being and situate in the
Township of Hanover, County of Washington and Commonwealth of Pennsylvania, said
piece, parcel and tract of land to be used for vehicular and pedestrian ingress
and egress to and from the 327.22 Acre Tract and being more completely bounded
and described as follows:
Beginning at a point within the Right-of-Way of Hanover Township Road Number
400, said beginning point being South 37(degrees) 32' 00" East 537.43 feet more
or less from the Northwest corner of land of Crossroads Properties,
Incorporated, identified as Tract No. 1 and as more fully described on the Deed
from Xxxxxxxxx Industries, Incorporated, as Grantor, to Crossroads Properties,
Incorporated, as Grantee, said Deed being dated June 19, 1989 and recorded, in
the Office of the Recorder of Deeds of Washington County, at Deed Book Volume
2371, Page 220; thence, from said point of beginning, North 79(degrees) 48' 21"
East 3584.25 feet to a point; thence along a portion of the land of the 327.22
Acre Tract, South 20(degrees) 10' 00" East 101.53 feet to a point; thence South
79(degrees) 48' 21" West 3550.13 feet to a point within the Right-Of-Way of
Hanover Township Road Number 400; thence from said point within the Right-Of-Way
of Hanover Township Road Number 400 North 37(degrees) 32' 00" West 112.57 feet
to the point of beginning.
Containing an area of 8.189 Acres.
Being a part of that certain piece, parcel and tract of land identified as Tract
No. 1 in the Deed from Xxxxxxxxx Industries, Incorporated, as Grantor, to
Crossroads Properties, Incorporated, as Grantee, dated June 19, 1989 and
recorded, in the Office of the Recorder of Deeds of Washington County, at Deed
Book Volume 2371, Page 220.
A-3
EXHIBIT B
PERMITTED EXCEPTIONS
TRACT NO. 1 -- Deed of Xxxxxxxxx Charities, Inc. to Crossroads Properties,
Incorporated dated June 19, 1989, recorded June 27, 1989 in the Recorder of
Deeds Office of Washington County, Pennsylvania, in Deed Book 2371, Page 225.
1. Any variation in location of lines or dimensions or other matters which
an accurate survey would disclose.
2. Provisions of local zoning and subdivision ordinances.
3. A right-of-way granted by Xxxxxxxxx Charities, Inc. to Peoples Natural
Gas Company for a three inch pipeline per instrument dated December 13, 1968,
recorded January 8, 1969 in Deed Book 1291, Page 596.
4. An easement for a limited access for a highway recorded in Deed Book
1274, Page 246.
5. Agreement by Xxxxx X. Xxxxxxxx with Xxxxxxx X. Xxxxx to convey property
on or before November 15, 1939. The Agreement is dated October 11, 1939. Only a
few days after this Agreement, Xxxxx X. Xxxxxxxx conveyed the property to the
Greensburg-Connellsville Coal & Coke Company. Nothing was found of record to
show that Xxxxxxx X. Xxxxx was acting on behalf of the said
Greensburg-Connellsville Coal & Coke Company. Landlord agrees to commence and
successfully complete, on or before October 24, 1990, an Action to Quiet Title
against Xxxxxxx X. Xxxxx or otherwise to appropriately acquire the interest of
Xxxxxxx X. Xxxxx.
6. An oil and gas lease dated April 24, 1908 granted to X.X. Xxxxxxxx per
instrument recorded in Deed Book 359, Page 440.
7. Timber on the property was conveyed to W.E. Xxxxxx under an Article of
Agreement dated April 6, 1933, recorded April 11, 1933 in Deed Book 591, Page
108.
8. NOTICE -- This document may not sell, convey, transfer, include or
insure the title to the coal and right of support underneath the surface land
described or referred to herein, and the owner or owners of such coal may have
the complete legal right to remove all of such coal, and, in that connection,
damage may result to the surface of the land and in any house, building, or
other structure on or in such land. (This notice is set forth in the manner
provided in Section 1 of the Act of July 17, 1957, P.L. 984.)
9. See Plan Book 21, Page 415.
10. Excepting and reserving all oil and gas as set forth in the Deed to
Crossroads Properties, Incorporated recorded in Deed Book 2371, Page 225 in the
following language: "EXCEPTING AND RESERVING to the Grantor herein all oil and
gas in and underlying said six tracts of land but without the right to use the
surface estate for any purpose whatsoever."
11. Excepting and reserving all the coal together with mining rights as
set forth in the deed to Crossroads Properties, Incorporated recorded in Deed
Book 2371, Page 225 as follows: "ALSO EXCEPTING AND RESERVING to the Grantor
herein all coal
within and underlying each of the six above-described premises together with,
for each and every vein of coal, the free and uninterrupted right-of-way into,
upon, and under said land at such points and in such manner as may be proper and
necessary for the purpose of digging, mining, coking, draining, ventilating, and
carrying away said coal, etc., together with the privilege of mining and
removing through the described premises other coal or materials belonging to the
Grantor herein, its successors or assigns, or which may hereafter be acquired.
The reserved rights herein shall not be interpreted to include use of the
surface.
Grantor and Grantee hereby expressly acknowledge their intention and agree
that the rights and privileges herein excepted and reserved to Grantor shall not
be construed to and do not, in fact, include and permit any surface use
whatsoever by bore holes, shafts, slopes, ventilation fans, hoists, pumps and
the like, of the Estate(s) hereby conveyed to Grantee.
Grantor and Grantee further hereby expressly acknowledge their intention
and agree that the rights, title and interest herein granted and conveyed to
Grantee shall be construed to grant and convey to Grantee, inter alia, the right
of surface support".
12. If a stream of water flows on or abuts the premises, then the premises
are subject to riparian rights of owners of ground abutting said stream.
TRACT NO. 2 - Deed of Xxxxxxxxx Charities, Inc. to Crossroads Properties,
Incorporated dated June 19, 1989, recorded June 27, 1989 in the Recorder of
Deeds Office of Washington County, Pennsylvania, in Deed Book 2371, Page 225.
1. Any variation in location of lines or dimensions or other matters which
an accurate survey would disclose.
2. Provisions of local zoning and subdivision ordinances.
3. A right-of-way granted by Xxxxxxxxx Charities, Inc. to Peoples Natural
Gas Company for a three inch pipeline per instrument dated December 13, 1968,
recorded January 8, 1969 in Deed Book 1291, Page 596.
4. An easement for a limited access for a highway recorded in Deed Book
1274, Page 246.
5. An oil and gas lease granted to Xxxxxxx X. Xxxxxxx per instrument dated
May 10, 1907 and recorded in Deed Book 351, Page 73.
6. A right-of-way granted to South Penn Oil Company per instrument dated
February 4, 1921 and recorded in Deed Book 489, Page 611.
7. A conveyance of 2.27 acres of coal made to Xxxxxx Creek Coal
Corporation per instrument dated April 23, 1934 and recorded in Deed Book 592,
Page 446.
E-2
8. A lease of 11.86 acres of coal made to Xxxxxx Creek Coal Corporation
per instrument dated December 3, 1936, recorded December 4, 1936 in Deed Book
610, Page 134.
9. Various instruments in the chain of title providing that the property
is subject to a private right-of-way from the said Xxxxxxxx to Burgettstown
Public Road to the land now or late of Xxxxxx Xxxxxxx.
10. NOTICE -- This document may not sell, convey, transfer, include or
insure the title to the coal and right of support underneath the surface land
described or referred to herein, and the owner or owners of such coal may have
the complete legal right to remove all of such coal, and, in that connection,
damage may result to the surface of the land and in any house, building, or
other structure on or in such land. (This notice is set forth in the manner
provided in Section 1 of the Act of July 17, 1957, P.L. 984.)
11. See Plan Book 21, Page 415.
12. Excepting and reserving all oil and gas as set forth in the Deed to
Crossroads Properties, Incorporated recorded in Deed Book 2371, Page 225 in the
following language: "EXCEPTING AND RESERVING to the Grantor herein all oil and
gas in and underlying said six tracts of land but without the right to use the
surface estate for any purpose whatsoever."
13. Excepting and reserving all the coal together with mining rights as
set forth in the deed to Crossroads Properties, Incorporated recorded in Deed
Book 2371, Page 225 as follows: "ALSO EXCEPTING AND RESERVING to the Grantor
herein all coal within and underlying each of the six above-described premises
together with, for each and every vein of coal, the free and uninterrupted
right-of-way into, upon, and under said land at such points and in such manner
as may be proper and necessary for the purpose of digging, mining, coking,
draining, ventilating, and carrying away said coal, etc., together with the
privilege of mining and removing through the described premises other coal or
materials belonging to the Grantor herein, its successors or assigns, or which
may hereafter be acquired. The reserved rights herein shall not be interpreted
to include use of the surface.
Grantor and Grantee hereby expressly acknowledge their intention and agree
that the rights and privileges herein excepted and reserved to Grantor shall not
be construed to and do not, in fact, include and permit any surface use
whatsoever by bore holes, shafts, slopes, ventilation fans, hoists, pumps and
the like, of the Estate(s) hereby conveyed to Grantee.
Grantor and Grantee further hereby expressly acknowledge their intention
and agree that the rights, title and interest herein granted and conveyed to
Grantee shall be construed to grant and convey to Grantee, inter alia, the right
of surface support".
E-3
14. If a stream of water flows on or abuts the premises, then the premises
are subject to riparian rights of owners of ground abutting said stream.
TRACT NO. 3 -- Deed of Xxxxxxxxx Charities, Inc. to Crossroads Properties,
Incorporated dated June 19, 1989, recorded June 27, 1989 in the Recorder of
Deeds Office of Washington County, Pennsylvania, in Deed Book 2371, Page 225.
1. Any variation in location of lines or dimensions or other matters which
an accurate survey would disclose.
2. Provisions of local zoning and subdivision ordinances.
3. A right-of-way granted by Xxxxxxxxx Charities, Inc. to Peoples Natural
Gas Company for a three inch pipeline per instrument dated December 13, 1968,
recorded January 8, 1969 in Deed Book 1291, Page 596.
4. An easement for a limited access for a highway recorded in Deed Book
1274, Page 246.
5. Oil and gas lease granted to Xxxxx Xxxxxxxx per instrument dated August
1, 1901 and recorded in Deed Book 231, Page 410.
6. Oil and gas lease granted to X.X. Xxxxxxxxx per instrument dated
December 26, 1900 and recorded in Deed Book 255, Page 498.
7. Deed to Greensburg-Connellsville Coal and Coke Company dated March 2,
1940 and recorded in Deed Book 634, Page 523. Excepting and reserving all oil
and gas leases heretofore conveyed and landowner's interest in the leases
reserved.
8. NOTICE -- This document may not sell, convey, transfer, include or
insure the title to the coal and right of support underneath the surface land
described or referred to herein, and the owner or owners of such coal may have
the complete legal right to remove all of such coal, and, in that connection,
damage may result to the surface of the land and in any house, building, or
other structure on or in such land. (This notice is set forth in the manner
provided in section 1 of the Act of July 17, 1957, P.L. 984.)
9. See Plan Book 21, Page 415.
10. Excepting and reserving all oil and gas as set forth in the Deed to
Crossroads Properties, Incorporated recorded in Deed Book 2371, Page 225 in the
following language: "EXCEPTING AND RESERVING to the Grantor herein all oil and
gas in and underlying said six tracts of land but without the right to use the
surface estate for any purpose whatsoever."
11. Excepting and reserving all the coal together with mining rights as
set forth in the deed to Crossroads Properties, Incorporated recorded in Deed
Book 2371, Page 225 as follows: "ALSO EXCEPTING AND RESERVING to the Grantor
herein all coal within and underlying each of the six above-described premises
E-4
together with, for each and every vein of coal, the free and uninterrupted
right-of-way into, upon, and under said land at such points and in such manner
as may be proper and necessary for the purpose of digging, mining, coking,
draining, ventilating, and carrying away said coal, etc., together with the
privilege of mining and removing through the described premises other coal or
materials belonging to the Grantor herein, its successors or assigns, or which
may hereafter be acquired. The reserved rights herein shall not be interpreted
to include use of the surface.
Grantor and Grantee hereby expressly acknowledge their intention and agree
that the rights and privileges herein excepted and reserved to Grantor shall not
be construed to and do not, in fact, include and permit any surface use
whatsoever by bore holes, shafts, slopes, ventilation fans, hoists, pumps and
the like, of the Estate(s) hereby conveyed to Grantee.
Grantor and Grantee further hereby expressly acknowledge their intention
and agree that the rights, title and interest herein granted and conveyed to
Grantee shall be construed to grant and convey to Grantee, inter alia, the right
of surface support".
12. If a stream of water flows on or abuts the premises, then the premises
are subject to riparian rights of owners of ground abutting said stream.
TRACT NO. 4 - Deed of Xxxxxxxxx Charities, Inc. to Crossroads Properties,
Incorporated dated June 19, 1989, recorded June 27, 1989 in the Recorder of
Deeds Office of Washington County, Pennsylvania, in Deed Book 2371, Page 225.
1. Any variation in location of lines or dimensions or other matters which
an accurate survey would disclose.
2. Provisions of local zoning and subdivision ordinances.
3. A right-of-way granted by Xxxxxxxxx Charities, Inc. to Peoples Natural
Gas Company for a three inch pipeline per instrument dated December 13, 1968,
recorded January 8, 1969 in Deed Book 1291, Page 596.
4. An easement for a limited access for a highway recorded in Deed Book
1274, Page 246.
5. An oil and gas lease granted to Xxxxxxx X. Xxxxxxx per instrument dated
May 10, 1907 and recorded in Deed Book 351, Page 73.
6. NOTICE -- This document may not sell, convey, transfer, include or
insure the title to the coal and right of support underneath the surface land
described or referred to herein, and the owner or owners of such coal may have
the complete legal right to remove all of such coal, and, in that connection,
damage may result to the surface of the land and in any house, building, or
other structure on or in such land. (This notice is set forth
E-5
in the manner provided in Section 1 of the Act of July 17, 1957, P.L. 984.)
7. See Plan Book 21, Page 415.
8. Excepting and reserving all oil and gas as set forth in the Deed to
Crossroads Properties, Incorporated recorded in Deed Book 2371, Page 225 in the
following language: "EXCEPTING AND RESERVING to the Grantor herein all oil and
gas in and underlying said six tracts of land but without the right to use the
surface estate for any purpose whatsoever."
9. Excepting and reserving all the coal together with mining rights as set
forth in the deed to Crossroads Properties, Incorporated recorded in Deed Book
2371, Page 225 as follows: "ALSO EXCEPTING AND RESERVING to the Grantor herein
all coal within and underlying each of the six above-described premises together
with, for each and every vein of coal, the free and uninterrupted right-of-way
into, upon, and under said land at such points and in such manner as may be
proper and necessary for the purpose of digging, mining, coking, draining,
ventilating, and carrying away said coal, etc., together with the privilege of
mining and removing through the described premises other coal or materials
belonging to the Grantor herein, its successors or assigns, or which may
hereafter be acquired. The reserved rights herein shall not be interpreted to
include use of the surface.
Grantor and Grantee hereby expressly acknowledge their intention and agree
that the rights and privileges herein excepted and reserved to Grantor shall not
be construed to and do not, in fact, include and permit any surface use
whatsoever by bore holes, shafts, slopes, ventilation fans, hoists, pumps and
the like, of the Estate(s) hereby conveyed to Grantee.
Grantor and Grantee further hereby expressly acknowledge their intention
and agree that the rights, title and interest herein granted and conveyed to
Grantee shall be construed to grant and convey to Grantee, inter alia, the right
of surface support".
10. If a stream of water flows on or abuts the premises, then the premises
are subject to riparian rights of owners of ground abutting said stream.
TRACT NO. 5 -- Deed of Xxxxxxxxx Charities, Inc. to Crossroads Properties,
Incorporated dated June 19, 1989, recorded June 27, 1989 in the Recorder of
Deeds Office of Washington County, Pennsylvania, in Deed Book 2371, Page 225.
1. Any variation in location of lines or dimensions or other matters which
an accurate survey would disclose.
2. Provisions of local zoning and subdivision ordinances.
3. A right-of-way granted by Xxxxxxxxx Charities, Inc. to Peoples
Natural Gas Company for a three inch pipeline per
E-6
instrument dated December 13, 1968, recorded January 8, 1969 in Deed Book 1291,
Page 596.
4. An easement for a limited access for a highway recorded in Deed Book
1274, Page 246.
5. An oil and gas lease granted to Xxxxxxx X. Xxxxxxx per instrument dated
May 10, 1907 and recorded in Deed Book 351, Page 73.
6. NOTICE - This document may not sell, convey, transfer, include or
insure the title to the coal and right of support underneath the surface land
described or referred to herein, and the owner or owners of such coal may have
the complete legal right to remove all of such coal, and, in that connection,
damage may result to the surface of the land and in any house, building, or
other structure on or in such land. (This notice is set forth in the manner
provided in Section 1 of the Act of July 17, 1957, P.L. 984.)
7. See Plan Book 21, Page 415.
8. Excepting and reserving all oil and gas as set forth in the Deed to
Crossroads Properties, Incorporated recorded in Deed Book 2371, Page 225 in the
following language: "EXCEPTING AND RESERVING to the Grantor herein all oil and
gas in and underlying said six tracts of land but without the right to use the
surface estate for any purpose whatsoever."
9. Excepting and reserving all the coal together with mining rights as set
forth in the deed to Crossroads Properties, Incorporated recorded in Deed Book
2371, Page 225 as follows: "ALSO EXCEPTING AND RESERVING to the Grantor herein
all coal within and underlying each of the six above-described premises together
with, for each and every vein of coal, the free and uninterrupted right-of-way
into, upon, and under said land at such points and in such manner as may be
proper and necessary for the purpose of digging, mining, coking, draining,
ventilating, and carrying away said coal, etc., together with the privilege of
mining, and removing through the described premises other coal or materials
belonging to the Grantor herein, its successors or assigns, or which may
hereafter be acquired. The reserved rights herein shall not be interpreted to
include use of the surface.
Grantor and Grantee hereby expressly acknowledge their intention and agree
that the rights and privileges herein excepted and reserved to Grantor shall
not be construed to and do not, in fact, include and permit any surface use
whatsoever by bore holes, shafts, slopes, ventilation fans, hoists, pumps and
the like, of the Estate(s) hereby conveyed to Grantee.
Grantor and Grantee further hereby expressly acknowledge their intention
and agree that the rights, title and interest herein granted and conveyed to
Grantee shall be construed to grant and convey to Grantee, inter alia, the right
of surface support".
E-7
10. If a stream of water flows on or abuts the premises, then the premises
are subject to riparian rights of owners of ground abutting said stream.
TRACT NO. 6 -- Deed of Xxxxxxxxx Charities, Inc. to Crossroads Properties,
Incorporated dated June 19, 1989, recorded June 27, 1989 in the Recorder of
Deeds Office of Washington County, Pennsylvania, in Deed Book 2371, Page 225.
1. Any variation in location of lines or dimensions or other matters which
an accurate survey would disclose.
2. Provisions of local zoning and subdivision ordinances.
3. A right-of-way granted by Xxxxxxxxx Charities, Inc. to Peoples Natural
Gas Company for a three inch pipeline per instrument dated December 13, 1968,
recorded January 8, 1969 in Deed Book 1291, Page 596.
4. An easement for a limited access for a highway recorded in Deed Book
1274, Page 246.
5. All of the coal under the tract conveyed to X.X. Xxxxxxx per Deed Book
207, Page 28. Note that this was the coal which was conveyed to Xxxxxx
Xxxxxxxxxx in a Family Agreement and then to be sold by him.
6. In the deed from the Xxxxxx Creek Coal Corporation to the Pennsylvania
Game Commission, all of the coal together with mining rights, waiver of surface
damage and oil and gas was excepted and reserved per instrument recorded in Deed
Book 658, Page 216. Also, Xxxxxx Creek Coal Corporation reserved the right to
mine by the strip mine method.
7. An oil and gas lease granted to X.X. Xxxxxxxx, et al. per instrument
dated August 16, 1890, recorded in Deed Book 161, Page 220.
8. An oil and gas lease granted to X.X. Xxxxxxxxx per instrument dated
December 12, 1900, recorded in Deed Book 255, page 494.
9. A right-of-way granted to Southwest Pennsylvania, Pipelines Company per
instrument recorded in Deed Book 645, page 375.
10. A right-of-way granted to the Pennsylvania Game Commission for a road
per instrument recorded in Deed Book 654, page 620.
11. Deeds in the chain of title state that they except and reserve to the
lawful owners all of the rights-of-way and minerals previously excepted and
reserved per instrument recorded in Deed Book 1396, Page 11.
12. NOTICE - This document may not sell, convey, transfer, include or
insure the title to the coal and right of support underneath the surface land
described or referred to herein, and the owner or owners of such coal may have
the complete legal right to remove all of such coal, and, in that connection,
damage
E-8
may result to the surface of the land and in any house, building, or other
structure on or in such land. (This notice is set forth in the manner provided
in Section 1 of the Act of July 17, 1957, P.L. 984.)
13. See Plan Book 21, Page 415.
14. Excepting and reserving all oil and gas as set forth in the Deed to
Crossroads Properties, Incorporated recorded in Deed Book 2371, Page 225 in the
following language: "EXCEPTING AND RESERVING to the Grantor herein all oil and
gas in and underlying said six tracts of land but without the right to use the
surface estate for any purpose whatsoever."
15. Excepting and reserving all the coal together with mining rights as
set forth in the deed to Crossroads Properties, Incorporated recorded in Deed
Book 2371, Page 225 as follows: "ALSO EXCEPTING AND RESERVING to the Grantor
herein all coal within and underlying each of the six above-described premises
together with, for each and every vein of coal, the free and uninterrupted
right-of-way into, upon, and under said land at such points and in such manner
as may be proper and necessary for the purpose of digging, mining, coking,
draining, ventilating, and carrying away said coal, etc., together with the
privilege of mining and removing through the described premises other coal or
materials belonging to the Grantor herein, its successors or assigns, or which
may hereafter be acquired. The reserved rights herein shall not be interpreted
to include use of the surface.
Grantor and Grantee hereby expressly acknowledge their intention and agree
that the rights and privileges herein excepted and reserved to Grantor shall not
be construed to and do not, in fact, include and permit any surface use
whatsoever by bore holes, shafts, slopes, ventilation fans, hoists, pumps and
the like, of the Estate(s) hereby conveyed to Grantee.
Grantor and Grantee further hereby expressly acknowledge their intention
and agree that the rights, title and interest herein granted and conveyed to
Grantee shall be construed to grant and convey to Grantee, inter alia, the right
of surface support".
16. If a stream of water flows on or abuts the premises, then the premises
are subject to riparian rights of owners of ground and abutting said stream.
TRACT NO. 1 - Deed of Xxxxxxxxx Industries Incorporated to Crossroads
Properties, Incorporated dated June 19, 1989, recorded June 27, 1989 in the
Recorder of Deeds Office of Washington County, Pennsylvania, in Deed Book 2371,
Page 220.
1. Any variation in location of lines or dimensions or other matters which
an accurate survey would disclose.
2. Provisions of local zoning and subdivision ordinances.
E-9
3. An easement or right-of-way in deed of Xxxxxxxxx Industries
Incorporated to Washington County dated June 27, 1983 and recorded in Deed Book
2118, Page 53.
4. An easement or right-of-way in deed of Xxxxxxxxx Industries
Incorporated to Washington County dated June 27, 1983 and recorded in Deed Book
2118, Page 45.
5. Deed of PennWeir Construction Company to Washington County dated May
25, 1967 and recorded in Deed Book 1264, Page 997.
6. Deed from PennWeir Construction Company to Washington County dated
March 5, 1968 and recorded in Deed Book 1274, Page 693.
7. A right-of-way granted by Pennweir to Xxxx Telephone Company per
instrument dated May 24, 1966 and recorded in Deed Book 1236, Page 432.
8. A right-of-way granted by PennWeir to West Penn Power Company per
instrument dated October 1, 1965 and recorded in Deed Book 1221, Page 71.
9. A right-of-way granted by PennWeir to Manufacturers Light and Heat
Company for a six and eight inch pipeline per instrument dated February 21,
1969, recorded in Deed Book l297, Page 1072.
10. An easement for a limited access highway from PennWeir as recorded in
Deed Book 1293, Page 1114.
11. Oil and gas leases were found of record as follows:
a. To Xxxx Xxxxx, et ux. per instrument dated August 6, 1900, and
recorded in Deed Book 231, Page 504.
b. To Xxxxxxx Xxxxxxx per instrument dated June 18, 1902, and
recorded in Deed Book 279, Page 345.
c. To Xxxxxxx X. Xxxxxxx & Co. per instrument dated May 15, 1907,
and recorded in Deed Book 351, Page 72.
d. To The Peoples Natural Gas Co. per instrument dated October 29,
1910, and recorded in Deed Book 380, Page 445.
e. To Peoples Natural Gas Company per instrument dated September 9,
1924, and recorded in Deed Book 528, Page 72.
12. A coal lease granted to Hanover Coal Company of Ohio per instrument
dated October 14, 1918, and recorded in Deed Book 460, Page 397 for a period of
twenty-five years or as much longer as it may be necessary to remove and mine
all of the coal.
13. Exception and reservations of the oil, gas, coal and mining rights by
deed of National Steel Corporation to Weirton Ice & Coal Supply Company per
instrument recorded in Deed Book 1056, Page 674. (See also Deed Book 1061, Page
380.) 19.
14. NOTICE -- This document may not sell, convey, transfer, include or
insure the title to the coal and right of support, underneath the surface land
described or referred to herein, and the owner or owners of such coal may have
the complete legal right to remove all of such coal, and, in that connection,
damage may result to the surface of the land and in any house, building,
E-10
or other structure on or in such land. (This notice is set forth in the manner
provided in Section 1 of the Act of July 17, 1957, P.L. 984.)
15. See Plan Book 21, Page 416.
16. Excepting and reserving all oil and gas as set forth in the Deed to
Crossroads Properties, Incorporated recorded in Deed Book 2371, Page 220 in the
following language: "EXCEPTING AND RESERVING to the Grantor herein all oil and
gas in and underlying said two tracts of land but without the right to use the
surface estate for any purpose whatsoever."
17. Excepting and reserving all the coal together with mining rights as
set forth in the deed to Crossroads Properties, Incorporated recorded in Deed
Book 2371, Page 220 as follows: "ALSO EXCEPTING AND RESERVING to the grantor
herein all coal within and underlying each of the two above-described premises
together with, for each and every vein of coal, the free and uninterrupted
right-of-way into, upon, and under said land at such points and in such manner
as may be proper and necessary for the purpose of digging, mining, coking,
draining, ventilating, mining and removing through the described premises other
coal or materials belonging to the Grantor herein, its successors or assigns, or
which may hereafter be acquired. The reserved rights herein shall not be
interpreted to include use of the surface.
Grantor and Grantee hereby expressly acknowledge their intention and agree
that the rights and privileges herein excepted and reserved to Grantor shall not
be construed to and do not, in fact, include and permit any surface use
whatsoever by Grantor including any surface use by Grantor for, inter alia, bore
holes, shafts, slopes, ventilation fans, hoists, pumps and the like, of the
Estate(s) hereby conveyed to Grantee.
Grantor and Grantee further expressly acknowledge their intention and
agree that the rights, title and interest herein granted and conveyed to Grantee
shall be construed to grant and convey to Grantee, inter alia, the right of
surface support."
18. If a stream of water flows on or abuts the premises, then the premises
are subject to riparian rights of owners of ground abutting said stream.
E-11
[SEAL] REALTY TRANSFER TAX State Tax Fund
COMMONWEALTH OF PENNSYLVANIA STATEMENT OF VALUE __________________________
DEPARTMENT OF REVENUE Book Number
BUREAU OF INDIVIDUAL TAXES __________________________
XXXX XXXXXX XXX 0000 Xxxx Xxxxxx
XXXXXXXXXX, XX 00000-0000 __________________________
Date Recorded
__________________________
See Reverse for Instructions
================================================================================
Complete each section and file in duplicate with Recorder of Deeds when (1) the
full value/consideration is not set forth in the deed, (2) when the deed is
without consideration, or by gift, or (3) a tax exemption is claimed. A
Statement of Value is not required if the transfer is wholly exempt from tax
based on: (1) family relationship or (2) public utility easement. If more space
is needed, attach additional sheet(s).
================================================================================
A CORRESPONDENT -- All inquiries may be directed to the following person:
================================================================================
Name Telephone Number
Xxx X. Xxxxxxx Area Code (000) 000-0000
--------------------------------------------------------------------------------
Xxxxxx Xxxxxxx Xxxx Xxxxx Zip Code
0000 Xxxxx Xxxxxxxx Xxxxxxxxxx, XX 00000
=======================================-----------------------------------------
B TRANSFER DATA Date of Acceptance of Document
=======================================-----------------------------------------
Assignor Assignee
PACE Entertainment Group, Inc. YM/PACE Partnership
--------------------------------------------------------------------------------
Xxxxxx Xxxxxxx Xxxxxx Xxxxxxx
000 Xxxx Xxx Xxxxxxxxx, Xxxxx 000 1515 Broadway, Suite 3804
--------------------------------------------------------------------------------
City State Zip Code City State Zip Code
Xxxxxxx, XX 00000 Xxx Xxxx, XX 00000
================================================================================
C PROPERTY LOCATION
================================================================================
Street Address City, Township, Borough
Hanover Township
--------------------------------------------------------------------------------
County School District Tax Parcel Number
Washington see below
================================================================================
D VALUATION DATA
================================================================================
1. Actual Cash 2. Other Consideration 3. Total Consideration
Consideration
+ =
--------------------------------------------------------------------------------
4. County Assessed 2. Common Level Ratio 3. Fair Market Value
Value Factor
$83,290.00 x 3.73 = $312,578.62
================================================================================
E EXEMPTION DATA
================================================================================
1a: Amount of Exemption 1b. Percentage of Interest
Claimed Conveyed
100%
------------------------------------------------------
2. Check Appropriate Box Below for Exemption Claimed
|_| Will or intestate succession __________________________________________
(Name of Decedent) (Estate File Number)
Tax Number 340-010-00-00-0015-00
|_| Transfer to Industrial Development Agency. 340-010-00-00-0014-00
340-009-00-00-0010-00
|_| Transfer to agent or straw party. (Attach copy 340-010-00-00-0016-00
of agency/straw party agreement). 340-009-00-00-0009-00
|_| Transfer between principal and agent. (Attach
copy of agency/straw trust agreement). Tax paid prior to deed
(Partial) 340-032-00-00-0008-01
(Partial) 340-010-00-00-0017-00
|_| Transfers to the Commonwealth, the United States, and Instrumentalities
by gift, dedication, condemnation or implied condemnation. (Attach copy
of resolution).
|_| Transfer from mortgagor to a holder of a mortgage in default. Mortgage
Book Number _________, Page Number ________.
|_| Corrective deed (Attach copy of the prior deed).
|_| Statutory corporate consolidation, merger or division. (Attach copy of
articles).
|X| Other (Please explain exemption claimed, if other than listed above.)
No Transfer Tax is payable on this assignment of ground lease pursuant
-----------------------------------------------------------------------
to 61 PA Code 91.193 B 27
-----------------------------------------------------------------------
-----------------------------------------------------------------------
--------------------------------------------------------------------------------
Under penalties of law, I declare that I have examined this Statement, including
accompanying information, and to the best of my knowledge and belief, it is
true, correct and complete.
--------------------------------------------------------------------------------
Signature of Correspondent or Responsible Party Date
/s/ Xxx X. Xxxxxxx 04/06/90
--------------------------------------------------------------------------------
[SEE REVERSE]
STATE OF NEW YORK )
: ss.:
COUNTY OF NEW YORK )
On this 6th day of April 1990, before me, the undersigned notary
public, personally appeared Xxxxx Xxxxxx and Xxxxxxx Xxxxx who acknowledged
themselves to be the Vice President and Vice President of Pace Entertainment
Group, Inc., a Texas corporation, and that they, as such Vice President and Vice
President, being authorized so to do, executed the foregoing instrument for the
purposes therein contained, by signing the name of such corporation by
themselves as Vice President and Vice President.
In witness whereof, I hereunto set my hand and official seal.
/s/ Xxxxxxx Xxxxxx
-------------------------
Notary Public
XXXXXXX XXXXXX
Notary Public, State of New York
No. 00-0000000
Qualified in Kings County
Commission Expires July 31, 0000
0-00-00
XXXXX XX XXX XXXX )
: ss.:
COUNTY OF NEW YORK )
On this 6th day of April 1990, before me, the undersigned notary
public, personally appeared Xxxxxx Xxxx and Xxxx Xxxxxxxx who acknowledged
themselves to be the Vice President and Assistant Secretary of YM Corp., a
Delaware corporation, and that they, as such Vice President and Assistant
Secretary, being authorized so to do, executed the foregoing instrument for the
purposes therein contained, by signing the name of such corporation by
themselves as Vice President and Assistant Secretary respectively, which
corporation is a partner of YM/Pace Partnership, a New York general partnership,
the partnership which executed the foregoing instrument, and that said
corporation was duly authorized to execute the same as such partner on behalf of
said partnership. YM/PACE PARTNERSHIP
In witness whereof, I hereunto set my hand and official seal.
/s/ Xxxxxxx Xxxxxx
-------------------------
Notary Public
XXXXXXX XXXXXX
Notary Public, State of New York
No. 00-0000000
Qualified in Kings County
Commission Expires July 31, 0000
0-00-00
XXXXX XX XXX XXXX )
: ss.:
COUNTY OF NEW YORK )
On this 6th day of April 1990, before me, the undersigned notary
public, personally appeared Xxxxx Xxxxxx and Xxxxxxx Xxxxx who acknowledged
themselves to be the Vice President and Vice President of Pace Concerts, Inc., a
Texas corporation, and that they, as such Vice President and Vice President,
being authorized so to do, executed the foregoing instrument for the purposes
therein contained, by signing the name of such corporation by themselves as Vice
President and Vice President respectively, which corporation is a partner of
YM/Pace Partnership, a New York general partnership, the partnership which
executed the foregoing instrument, and that said corporation was duly authorized
to execute the same as such partner on behalf of said partnership.
In witness whereof, I hereunto set my hand and official seal.
/s/ Xxxxxxx Xxxxxx
-------------------------
Notary Public
XXXXXXX XXXXXX
Notary Public, State of New York
No. 00-0000000
Qualified in Kings County
Commission Expires July 31, 1991
7-31-91
RECORDED
WASHINGTON COUNTY, PA.
90 APR-9 AM 11:59
[SEAL]
/s/ [ILLEGIBLE]
RECORDER OF DEEDS
