THIS DEED
MADE the 5th day of March, 2004
BETWEEN XxXXXX REALTY PARTNERS, L.P., a Pennsylvania limited
partnership having an address at c/o Xxxxxxx Xxxxxx Acquisition Corporation,
0000 Xxxxxxxxx Xxxx, Xxxxx 000, Xxxxxxx, Xxxxxxxxxxxx 00000 ("Grantor"),
AND
CEDAR XXXXXX, LLC, a Delaware limited liability company having an
address at 00 Xxxxx Xxxxxx Xxxxxx, Xxxx Xxxxxxxxxx, Xxx Xxxx 00000 ("Grantee"),
WITNESSETH, that in consideration of $17,400,000.00 paid by Grantee,
the receipt of which is hereby acknowledged, Grantor hereby grants and conveys
to Grantee the following:
ALL that certain piece, parcel or lot of land located in Xxxxx
Township, Clearfield County, Pennsylvania, more particularly identified and
described on Exhibit A attached hereto (the "Property").
TOGETHER WITH all and singular the buildings, improvements, ways,
streets, alleys, driveways, passages, waters, water-courses, rights, liberties,
privileges, hereditaments and appurtenances, whatsoever belonging to the
Property or in any way pertaining to the Property, and the reversions and
remainders, rents, issues, and profits thereof; and all the estate, right,
title, interest, property, claim and demand whatsoever of Grantor, as well at
law as in equity, of, in, and to the same.
TOGETHER WITH all of Grantor's rights and interests as Declarant under
that certain Declaration of Easements, Covenants, Conditions and Restrictions
made by XxXxxx Realty Partners, L.P. dated October 28, 1999, recorded as
Instrument No. 199918030; as amended and restated by Amended and Restated
Declaration of Easements, Covenants, Conditions and Restrictions dated December
16, 1999, recorded as Instrument No. 200004444; as amended by Amendment No. 1 to
Amended and Restated Declaration of Easements, Covenants, Conditions and
Restrictions dated March 21, 2001, recorded as Instrument No. 200104384; as
amended by Amendment No. 2 to Amended and Restated Declaration of Easements,
Covenants, Conditions and Restrictions dated October 11, 2001, recorded as
Instrument No. 200118409.
UNDER AND SUBJECT TO all prior instruments of record.
with the appurtenances: To Have and To Hold the same to and for the use of
Grantee, its successors and assigns forever, and Grantor, for its successors and
assigns, hereby covenants and agrees that it will WARRANT SPECIALLY the
properties hereby conveyed.
NOTICE -- THIS DOCUMENT MAY NOT / DOES 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 /
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 ANY HOUSE, BUILDING
OR OTHER STRUCTURE ON OR IN SUCH LAND, THE INCLUSION OF THIS NOTICE DOES NOT
ENLARGE, RESTRICT OR MODIFY ANY LEGAL RIGHTS OR ESTATES OTHERWISE CREATED,
TRANSFERRED, EXCEPTED OR RESERVED BY THIS INSTRUMENT. [This notice is set forth
in the manner provided in Section 1 of the Act of July 17, 1957, P.L. 984, as
amended, and is not intended as notice of unrecorded instruments, if any.]
IN WITNESS WHEREOF, Grantor has signed and sealed this Deed on the day
and year first above written.
XxXXXX REALTY PARTNERS, L.P.,
a Pennsylvania limited partnership
Attest: By: Xxxxxxx Xxxxxx Acquisition Corporation,
a Pennsylvania corporation, General Partner
/s/ [graphic of signature] By: /s/ Xxx X. XxXxxxxx
----------------------------- ------------------------------------
Xxx X. XxXxxxxx, Vice President
2
NOTICE THE UNDERSIGNED, AS EVIDENCED BY THE SIGNATURE TO THIS NOTICE AND THE
ACCEPTANCE AND RECORDING OF THIS DEED, IS FULLY COGNIZANT OF THE FACT THAT THE
UNDERSIGNED MAY NOT BE OBTAINING THE RIGHT OF PROTECTION AGAINST SUBSIDENCE, AS
TO THE PROPERTY HEREIN CONVEYED, RESULTING FROM COAL MINING OPERATIONS AND THAT
THE PURCHASED PROPERTY, HEREIN CONVEYED, MAY BE PROTECTED FROM DAMAGE DUE TO
MINE SUBSIDENCE BY A PRIVATE CONTRACT WITH THE OWNERS OF THE ECONOMIC INTEREST
IN THE COAL. THIS NOTICE IS INSERTED HEREIN TO COMPLY WITH THE BITUMINOUS MINE
SUBSIDENCE AND LAND CONSERVATION ACT OF 1966, AS AMENDED 1980, OCT. 10, X.X.
000, XX. 000 xx.0.
CEDAR XXXXXX, LLC
a Delaware limited liability company
By: Cedar Shopping Centers Partnership, L.P.,
a Delaware limited partnership, Member
By: CEDAR SHOPPING CENTERS, INC.
By: /s/ Xxxxxx X. Xxxxxx
---------------------------------------
Xxxxxx X. Xxxxxx, Vice President
CERTIFICATE OF RESIDENCE
I hereby certify that Grantee's precise residence is 00 Xxxxx Xxxxxx
Xxxxxx, Xxxx Xxxxxxxxxx, XX 00000.
/s/ Xxxx X. Xxxxxx
----------------------------------------
Attorney or Agent for Grantee
3
Commonwealth of Pennsylvania )
) ss.
County of Allegheny )
On this, the 5th day of March, 2004, before me, the undersigned
officer, personally appeared Xxx X. XxXxxxxx, who acknowledged himself to be the
Vice President of Xxxxxxx Xxxxxx Acquisition Corporation, a Pennsylvania
corporation and the General Partner of XxXxxx Realty Partners, L.P., a
Pennsylvania limited partnership, and that he as such officer, being authorized
to do so, executed the foregoing instrument for the purpose therein contained by
signing the name of the corporation by himself as such officer.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
/s/ Xxxx X. Xxxxxx
---------------------------------------
Notary Public
My Commission Expires:
COMMONWEALTH OF PENNSYLVANIA
[graphic omitted]
Member: Pennsylvania Association of Notaries
Exhibit A
PARCEL No. 1:
-------------
ALL that certain piece, parcel or tract of land lying and being situate
in Xxxxx Township, Clearfield County, Pennsylvania, bounded and described as
follows to wit:
BEGINNING at an existing 3/4" rebar set by previous survey on the
northern right-of-way for a 16 foot unopened alley as shown on the Xxxxxxx Xxxxx
Plan of Lots and surveyed by Xxxxxx Xxxx, CE in 1916, said rebar being N 74
degrees 15 minutes 46 seconds W a distance of 694.45 feet from a 3/4" rebar set
by previous survey at the intersection of the rights-of-way of said unopened 16
foot alley and Xxxxxxx Road, and being the southeast corner of the herein
described parcel,
THENCE; N 74 degrees 15 minutes 46 seconds W along the northern
right-of-way line of a 16 foot unopened alley a distance of 1021.21 feet to an
existing 3/4" rebar set by previous survey at the southeast corner of land now
or formerly Xxx Xxx Xxxxxxxx & Xxxxxxx X. Xxxxxx,
THENCE; N 15 degrees 44 minutes 14 seconds E along lands now or
formerly Xxx Xxx Xxxxxxxx & Xxxxxxx X. Xxxxxx a distance of 150,00 feet to an
existing 3/4"' rebar set by previous survey,
THENCE; N 74 degrees 15 minutes 29 seconds W along lands now or
formerly Xxx Xxx Xxxxxxxx & Alberta G, Xxxxxx a distance of 200.00 feet to an
existing 3/4" rebar set by previous survey,
THENCE; S 15 degrees 44 minutes 14 seconds W along lands now or
formerly Xxx Xxx Xxxxxxxx & Xxxxxxx X. Xxxxxx a distance of 150,00 feet to an
existing 3/4" rebar set by previous survey on the northern line of an unopened
16 foot alley,
THENCE; N 74 degrees 15 minutes 46 seconds W along the northern line of
a 16 foot unopened alley a distance of 124.17 feet to an existing 3/4" rebar set
by previous survey, and being the southwest corner of the herein described
parcel,
THENCE; N 16 degrees 05 minutes 56 seconds E along lands now or
formerly Xxxxx Real Estate Development Corporation a distance of 758.96 feet to
an existing 3/4" rebar set by previous survey, and being the northwest corner of
the herein described parcel,
THENCE; S 74 degrees 21 minutes 30 seconds E along lands now or
formerly Xxxxx Real Estate Development Corporation a distance of 1365.50 feet to
an existing W rebar set by previous survey, and being the northeast corner of
the herein described parcel,
THENCE; S 16 degrees 04 minutes 09 seconds W along lands now or
formerly Xxxx'x Home Improvement Warehouse a distance of 406.81 feet to a P.K.
nail set by this survey,
THENCE; S 54 degrees 25 minutes 38 seconds W along lands now or
formerly Xxxx'x Home Improvement Warehouse a distance of 33.03 feet to a P.K.
nail set by this survey,
THENCE; S 16 degrees 04 minutes 09 seconds W along lands now or
formerly Xxxx'x Home Improvement Warehouse a distance of 328.66 feet to the
place of beginning.
CONTAINING 999,266 square feet or 22.94 Acres.
TOGETHER WITH the free and common use, right, liberty and privilege of
a perpetual easement for ingress and egress over lands now or formerly of XxXxxx
Realty Partners, L.P., Xxxxx Real Estate Development Corporation and Developac,
Inc. pursuant to and as set forth and more particularly described in (a) that
certain Industrial Drive Easement among XxXxxx Realty Partners, L.P., Xxxxx Real
Estate Development Corporation and Developac, Inc. dated October 28,1999 and
recorded in the Office of the Recorder of Deeds of Clearfield County as
Instrument No. 199918027, and (b) that certain Agreement dated March 27, 1992
between Xxxxx X. XxXxxx and Xxxxx Real Estate Development Corporation recorded
in the Office of the Recorder of Deeds of Clearfield County in Volume 1451, page
426, as modified by that certain Modification of Easement dated October 28,1999
and recorded in the Office of the Recorder of Deeds of Clearfield County as
Instrument No. 199918024.
PARCEL "B":
-----------
ALL that certain piece, parcel or tract of land lying and being situate
in Xxxxx Township, Clearfield County, Pennsylvania, bounded and described as
follows to wit:
BEGINNING at a existing rebar, said rebar being along the eastern
right-of-way for Commons Drive and along the southern right-of-way for First
Street (T-811; 60-foot R/W) and also being the northwest corner of the herein
described parcel;
THENCE, S 77 Degrees 49 Minutes 25 Seconds E along the southern
right-of-way for First Street a distance of 300.13 feet to a existing rebar,
said rebar being along the western right-of-way for an unopened 16-foot alley
and also being the northeast corner of the herein described parcel;
THENCE, S 12 Degrees 10 Minutes 35 Seconds W along said unopened
16-foot alley a distance of 150.00 feet to a existing rebar, said rebar being
along the northern right-of-way for an unopened 12-foot alley and also being the
southeast corner of the herein described parcel;
THENCE, N 77 Degrees 49 Minutes 25 Seconds W along said unopened
12-foot alley a distance of 302,88 feet to a existing rebar, said rebar being
along the eastern right-of-way for Commons Drive and also being the southwest
corner of the herein described parcel;
THENCE, along the eastern right-of-way for Commons Drive by a curve to
the left, said curve having a radius of 275.00 feet and an arc distance of 37.27
feet, said arc having a chord bearing of N 16 Degrees 08 Minutes 51 Seconds E
and a chord distance of 37.24 feet, to a existing rebar;
THENCE, N 12 Degrees 15 Minutes 54 Seconds E along the eastern
right-of-way for Commons Drive a distance of 112.85 feet to a existing rebar,
the point of beginning.
CONTAINING 45,067.58 square feet or 1.03 acres.
PARCEL "C":
-----------
ALL that certain piece, parcel or tract of land lying and being situate
in Xxxxx Township, Clearfield County, Pennsylvania, bounded and described as
follows to wit:
BEGINNING at a existing rebar, said rebar being along the southern
right-of-way for First Street (T-811; 60-foot R/W) and also being the northwest
corner of lands now or formerly of Varischetti & Sons, Inc, (Instrument No.
200000767, Parcel 29 on Clearfield County Assessment Map 128-C3-653) and the
northeast corner of the herein described parcel;
THENCE, S 12 Degrees 10 Minutes 35 Seconds W along said lands of
Varischetti & Sons, Inc. a distance of 150.00 feet to a existing rebar, said
rebar being along the northern right-of-way for a 12-foot unopened alley and
also being the southwest corner of said lands of Varischetti & Sons, Inc. and
the southeast corner of the herein described parcel;
THENCE, N 77 Degrees 49 Minutes 25 Seconds W along said 12-foot
unopened alley a distance of 100.00 feet to a existing rebar, said rebar being
along the eastern right-of-way for a 16-foot unopened alley and being the
southwest corner of the herein described parcel;
THENCE, N 12 Degrees 10 Minutes 35 Seconds E along said 16-foot
unopened alley a distance of 150.00 feet to a existing rebar, said rebar being
along the southern right-of-way for First Street and also being the northwest
corner of the herein described parcel;
THENCE, S 77 Degrees 49 Minutes 25 Seconds E along the southern
right-of-way for First Street a distance of 100.00 feet to a existing rebar, the
point of beginning.
CONTAINING 15,000 square feet or 0.34 acres.
PARCEL "D":
-----------
ALL that certain piece, parcel or tract of land lying and being situate
in Xxxxx Township, Clearfield County, Pennsylvania, bounded and described as
follows to wit:
BEGINNING at a existing rebar, said rebar being along the southern
right-of-way for First Street (T-811; 60-foot R/W) and also being the northeast
corner of lands now or formerly of Xxxxx X. and Xxxxxx X. Xxxxx (Deed Book 1047
Page 232, Parcel 18 on Clearfield County Assessment Map 128-C3-653) and the
northwest corner of the herein described parcel;
THENCE, S 77 Degrees 49 Minutes 25 Seconds E along the southern
right-of-way for First Street a distance of 100.00 feet to a existing rebar,
said rebar being along the western right-of-way for Commons Drive (50-foot R/W)
and also being the northeast corner of the herein described parcel;
THENCE, S 12 Degrees 15 Minutes 54 Seconds W along the western
right-of-way for Commons Drive a distance of 112.77 feet to a existing rebar,
said rebar being the PC of a curve to the right;
THENCE, along the western right-of-way for Commons Drive by a curve to
the right, said curve having a radius of 225.00 feet and an arc length of 37.41
feet, said arc having a chord bearing of S 17 Degrees 01 Minutes 40 Seconds W
and a chord distance of 37.36 feet to a existing rebar, said rebar being along
the northern right-of-way for a 12-foot unopened alley and being the southeast
corner of the herein described parcel;
THENCE, N 77 degrees 49 Minutes 25 Seconds W along the northern
right-of-way for said 12-foot unopened alley a distance of 96.67 feet to a
existing rebar, said rebar being the southwest corner of the herein described
parcel;
THENCE, N 12 Degrees 10 Minutes 35 Seconds E along said lands of Xxxxx
a distance of 150.00 feet to a existing rebar, the point of beginning.
CONTAINING 14,944.22 square feet or 0.34 acres.
PARCEL "E":
-----------
ALL that certain piece, parcel or tract of land lying and being situate
in Xxxxx Township, Clearfield County, Pennsylvania, bounded and described as
follows to wit:
BEGINNING at a existing rebar, said rebar being along the northern
right-of-way for S.R.255 (30-foot R/W) and also being the southeast corner of
lands now or formerly of Xxxxx X. and Xxxxxx Xxxxx (Deed Book 1047 Page 232,
Parcel 18 on Clearfield County Assessment Map 128-C3-653) and the southwest
corner of the herein described parcel;
THENCE, N 15 Degrees 32 Minutes 02 Seconds E along said lands of Xxxxx
a distance of 250.52 feet to a existing rebar, said rebar being the northwest
corner of the herein described parcel;
THENCE, S 77 Degrees 49 Minutes 25 Seconds E along the southern
right-of-way for a 12-foot unopened alley a distance of 86.02 feet to a existing
rebar, said rebar being along the western right-of-way for Commons Drive
(50-foot R/W) and also being the northeast corner of the herein described
parcel;
THENCE, along the western right-of-way for Commons Drive by a curve to
the right, said curve having a radius of 225.00 feet and an arc length of 36.45
feet, said arc having a chord bearing of S 29 Degrees 32 Minutes 50 Seconds W
and a chord distance of 36.42 feet, to a existing rebar, said rebar being the PT
of said curve;
THENCE, S 34 Degrees 11 Minutes 19 Seconds W along the western
right-of-way for Commons Drive a distance of 39.92 feet to a existing rebar,
said rebar being the PC of a curve to the left;
THENCE, along the western right-of-way for Commons Drive by a curve to
the left, said curve having a radius of 275.00 feet and an arc length of 89.54
feet, said arc having a chord bearing of S 24 Degrees 51 Minutes 41 Seconds W
and a chord distance of 89.14 feet to a existing rebar, said rebar being the PT
of said curve;
THENCE, S 15 Degrees 32 Minutes 02 Seconds W along the western
right-of-way for Commons Drive a distance of 44.44 feet to a existing rebar,
said rebar being the PC of a curve to the right;
THENCE, along the western right-of-way for Commons Drive and along the
northern right-of-way for S.R.255 by a curve to the right, said curve having a
radius of 50.00 feet and an arc length of 78.37 feet, said arc having a chord
bearing of S 60 Degree 26 Minutes 21 Seconds W and a chord distance of 70.59
feet to a existing rebar, the point of beginning.
CONTAINING 14,325.18 square feet or 033 acres.
