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Home My WebLink AboutCommercial Real Estate Echange Agreement - Sky Mesa East LLCMeridian City Council Meeting Agenda September 4, 2018 – Page 288 of 461 Meridian City Council Meeting Agenda September 4, 2018 – Page 289 of 461 Meridian City Council Meeting Agenda September 4, 2018 – Page 290 of 461 Meridian City Council Meeting Agenda September 4, 2018 – Page 291 of 461 Meridian City Council Meeting Agenda September 4, 2018 – Page 292 of 461 Liih Dated this 44ay Sepkrnber of , 2018 THE CITY OF MERIDIAN ' PQ ` O Tammy de/yeerd, Mayor �2G vV ATTEST:- C(—Jay TTESTC J y Col zty Clerk -300 to A �S T �'ilvu/' o w . E IDIAN�. SEAL / COMMERCIAL REAL ESTATE EXCHANGE AGREEMENT - 6 �\ Meridian City Council Meeting Agenda September 4, 2018 – Page 294 of 461 Meridian City Council Meeting Agenda September 4, 2018 – Page 295 of 461 Meridian City Council Meeting Agenda September 4, 2018 – Page 296 of 461 RECORDING REQUESTED BYAND WHEN RECORDED RETURN TO: Meridian City Clerk 33 East Broadway Avenue Meridian, ID 83642 ACCESS EASEMENT (Space Above For Recorder's Use) This Access Easement is made effective this 4" day of Sep}Gmberrr, , 2018, by and between Sky Mesa East, LLC ("Grantor"), and City of Meridian ("Grantee"). The Grantor and Grantee may be collectively referred to as the parties. RECITALS: WHEREAS, Grantor is the owner of that certain property on E. Taconic Drive in the Blackrock Subdivision No 1 in Meridian Idaho, as more fully described in Exhibit A, which exhibit is attached hereto and incorporated herein ("Grantor's Property"); WHEREAS, Grantee is the owner of that certain property on E. Taconic Drive in the Blackrock Subdivision No 1 in Meridian Idaho, as more fully described in Exhibit B, which exhibit is attached hereto and incorporated herein ("Grantee's Property"); WHEREAS, Grantor desires to grant and Grantee desires to receive an easement for ingress and egress across the Grantor's property as legally described in Exhibit C depicted on Exhibit D under the terms and conditions outlined hereafter. AGREEMENT: NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: L Grant. Grantor hereby grants a non-exclusive perpetual access easement over, on, across, and through the Grantor's Property for ingress and egress in the location legally described in Exhibit C ("Easement"). 2. Purpose of Easement. The Easement shall be used for vehicular ingress and egress to the City of Meridian Well No 28 for the City of Meridian and its respective representatives, customers, invitees, and agents. No parking of any vehicles shall be permitted on the Easement. ACCESS EASEMENT - 1 DOCUMENT IV.B 071305 1500 BOI_MT2:586959.1 Meridian City Council Meeting Agenda September 4, 2018 – Page 298 of 461 deemed to constitute the Easement as a public way or a quasi -public way, but to the contrary the Easement shall constitute and remain a private way and drive. No dedication shall, however, be made of the Easement unless: a. Such Easement is accepted by the public entity for maintenance as a public street or drive; and b. The dedication does not preclude or prevent the continued use by Grantee of the entrance to and exit from the Easement then being used incident to the Grantee's Property. IN WITNESS WHEREOF, the undersigned have caused this Easement to be executed the day and year first written above. GRANTOR: SKY MESA EAST, LLC Travis Hunter, Manager STATE OF IDAHO ss County of Ada ) l� Tr-nv�S HunKr This record was acknowledged before me on 30'IX (date) by , on behalf of Sky Mesa East, LLC, in the following representative capacity: Manager .a •' • t� S Notary Signature • = • My Commission Expires: TE OF GRANTEE: THE CITY OF MERIDIAN Tanury 7 erd, Mayor ACCESS EASEMENT - 3 DOCUMENT IV.B 071305 1500 DOI MT2:586959.1 ATTES ay Cole , ity Clerk STATE OF IDAHO, ) : ss. County of Ada ) /GP uT� G � C IIY UC W C' E IDIgN� 4 IDAHD SEAL the This record was acknowledged before me on q-4;2618(date) by Tammy de Weerd and C.Jay Coles on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. �• �V Ch a W oj- -y, ' NR y Notary Signature -trz (.dam), t dAm �'' p My Commission Expires: 3 -A 8 •aDa a •••gone•• —TA ACCESS EASEMENT - 4 DOCUMENT IV.B 071305 1500 BOI_MT2:586959.1 Meridian City Council Meeting Agenda September 4, 2018 – Page 301 of 461 Meridian City Council Meeting Agenda September 4, 2018 – Page 302 of 461 Meridian City Council Meeting Agenda September 4, 2018 – Page 303 of 461 Meridian City Council Meeting Agenda September 4, 2018 – Page 304 of 461 RECORDING REQUESTED BYAND WHEN RECORDED RETURN TO: Sky Mesa East LLC 729 S. Bridgeway Place Eagle, Idaho 83616 WARRANTY DEED (Space Above For Recorder's Use) For value received THE CITY OF MERIDIAN, an Idaho Municipal Corporation ("Grantor"), conveys, grants, bargains, and sells to Sky Mesa East, LLC ("Grantee"), whose current address is 729 S. Bridgeway Place Eagle, Idaho 83616, and its successors and assigns forever, the following described real property situated in Ada County, State of Idaho: See attached Exhibit A SUBJECT TO taxes and assessments for the current year and all subsequent years, together with any and all existing easements, rights-of-way, reservations, restrictions and encumbrances of record, to all zoning laws and ordinances, and to any state of facts an accurate survey or inspection of the premises would show. This conveyance shall include any and all estate, right, title, interest, appurtenances, tenements, hereditaments, reversions, remainders, easements, rents, issues, profits, rights-of-way and water rights in anywise appertaining to the real property herein described. The Grantor covenants to the Grantee that Grantor is the owner in fee simple of said real property; that the real property is free from all encumbrances, excepting those as may be herein set forth, and excepting those of record, and that Grantor will warrant and defend the same from all lawful claims. IN WITNESS WHEREOF, the Grantor has executed this instrument on this day of SP.eXlbtr, 26m. 2018 GRANTOR THE CITY OF MERIDIAN Tammy VE, Mayor WARRANTY DEED -1 STATE OF IDAHO, ) . ss. County of Ada ) QORp,TEDA[J�,GS i f'ily of � w E IDIgN� SEAL / This record was acknowledged before me on q -y'26 18 (date) by Tammy de Weerd and C.Jay Coles on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. (stamp) •0.... .. • .•3,1,�'.LS '•. WARRANTY DEED - 2 ct"woaq- Notary Signature My Commission Expires: 3'x2 "cR o2 EXHIBIT A A parcel being a portion of Lots 16 and 24, Block 1 of Blackrock Subdivision No. 1 as shown in Book 96 of Plats on Pages 12003 thru 12008, records of Ada County, Idaho, and being located in the E ½ of Section 32, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at an Aluminum Cap monument marking the southeast corner of the NE ¼ of said Section 32, from which an Aluminum Cap monument marking the northeast corner of said NE ¼ bears N 0°13’21” E a distance of 2677.54 feet; Thence N 89°21’39” W a distance of 1556.63 feet to a point marking the southeast corner of that parcel shown as Parcel B on Record of Survey No. 9866, records of Ada County, Idaho; Thence S 0°01’24” E along the prolongation of the easterly boundary of said Parcel B a distance of 13.46 feet to a point; Thence leaving said prolongation N 89°40’11” W along the southerly boundary and prolongation of Lot 24 of said Block 1 of Blackrock Subdivision No. 1 a distance of 150.07 feet to the POINT OF BEGINNING; Thence leaving said southerly boundary prolongation S 0°00’49” W a distance of 20.00 feet to a point marking the southerly angle point of the southerly boundary of said Parcel B; Thence N 89°40’11” W along said southerly boundary and the northerly right-of-way of E. Taconic Drive a distance of 82.00 feet to a point marking the southwest corner of said Parcel B and the southeasterly corner of Southern Highlands Subdivision No. 3 as shown in Book 111 of Plats on Pages 16149 thru 16153, records of Ada County, Idaho; Thence N 0°00’49” E along the westerly boundary of said Parcel B and the easterly boundary of said Southern Highlands Subdivision No. 3 a distance of 20.00 feet to a point; Thence leaving said westerly boundary S 89°40’11” E a distance of 82.00 feet to the POINT OF BEGINNING. This parcel contains 1,640 square feet (0.038 acres) and is subject to any easements existing or in use. WARRANTY DEED - 3 Meridian City Council Meeting Agenda September 4, 2018 – Page 307 of 461