HomeMy WebLinkAboutCommercial Real Estate Exchange - Sky MesaCOMMERCIAL REAL ESTATE EXCHANGE AGREEMENT
This Agreement is made between Sky Mesa East, LLC., an Idaho Limited Liability Company
(hereinafter referred to as "SKY MESA EAST"), and the City of Meridian City, an Idaho
Municipal Corporation (hereinafter referred to as "CITY"), collectively referred to herein as "the
Parties." This Agreement shall be made effective as of the date when fully executed by both
Parties ("Effective Date").
WHEREAS, SKY MESA EAST owns certain real property located in Ada County, Idaho,
legally described herein on Exhibit A-1 and Depicted on Exhibit B as "Exchange 1"; and,
WHEREAS, CITY owns certain real property located in Ada County, Idaho, legally
described herein on Exhibit A-2 and depicted on Exhibit B as "Exchange 2"; and,
WHEREAS, CITY desires to own Parcel A-1 to add usable land to its Well Lot ##28 , and
SKY MESA EAST desires to own Parcel A-2 to add land to its adjacent streetside landscaping;
and,
WHEREAS, the Parties have received tentative approval of an application for a Property
Boundary Adjustment by the City of Meridian (PBA A-2018-0025) for the lot configuration
depicted in Exhibit B. The PSA requires the parties to execute the necessary deeds to accomplish
the PBA as approved; and,
WHEREAS, on August 21St, 2018, the Meridian City Council passed Ordinance 18-1789
authorizing the land exchange detailed in this Agreement. Ordinance 18-1789 references
Woodside Harris, LLC as the owner of the parcel of land to be exchanged with CITY. SKY
MESA EAST, LLC is the successor in interest Woodside Harris LLC; and,
WHEREAS, the Parties desire to enter into this real property exchange agreement
whereby SKY MESA EAST will convey Parcel A-1 to CITY in exchange for CITY conveying
Parcel A-2 to SKY MESA EAST subject to certain terms and conditions contained herein; and,
NOW, THEREFORE, in return for good and valuable consideration, including the
agreement set forth herein and the Parties' proceeding to the closing of the property exchange
contemplated hereby, the receipt and sufficiency of such consideration being hereby
acknowledged, the Parties do hereby enter into this Agreement and the terms and conditions set
forth below.
1. EXCHANGE OF PROPERTY.
1.1 Identification of Exchange Parcels. The properties identified in the Premises as
Parcel A-1 and Parcel A-2 and legally described in Exhibits A-1 and A-2 are hereby incorporated
by reference. The Parcels may be referred to herein collectively as the "Properties."
COMMERCIAL REAP, ESTATE EXCHANGE AGREEMENT - 1
1.2 Conveyance of Title.
1.2.1 Title to the Properties shall be conveyed by statutory Warranty Deed.
Title to the Properties shall be marketable and insurable.
1.3 Title Insurance.
1.3.1 Commitment. Upon the acceptance of this Agreement by the CITY,
SKY MESA EAST shall order a Commitment for Title insurance ("Commitment") covering
both Properties issued by Title One Company, Boise Idaho, attention Heidi Hartman ("Title
Company.")
1.3.2 Objections to Title. Either Party shall have five (5) business days
after receipt of the Commitment to object in writing to the condition of the title as set forth
in the Commitment, unless said time period is extended pursuant to this Agreement. In the
event that a Party makes written objection to the title, the other Party shall have a reasonable
time to cure any defects of title. In the event the other Party cannot cure said defects, the
objecting Party may elect, as its sole remedy, to either (i) terminate this Agreement, or (ii)
proceed to closing, taking title subject to such defects. If the Parties do not so object, the
Parties shall be deemed to have accepted the condition of the title.
1.3.3 Policies. Each Party may pay for standard coverage owner's title
insurance policy on the respective properties which it receives after the exchange under the
terms of this Agreement.
1.4 Possession. The Parties shall be entitled to possession of their respective
properties upon closing.
2. REPRESENTATIONS, WARRANTIES. Each Party represents and warrants to the other
regarding their respective properties:
2.1 Property Ownership. At the time of Closing, the Parties shall have good,
marketable title to their respective parcels. At the time the deeds are placed into escrow, no
other Party shall have any right, title, or interest in the Properties.
2.2 Compliance with Laws. The Parties have received no notice from any
governmental agency that the properties are in violation of any statute, law, ordinance, rule,
regulation, or deed restriction affecting the Properties.
2.3 No Litigation. There is no equitable, legal, or administrative suit, action,
arbitration, or other proceedings pending or threatened against or affecting the Properties.
2.4 Broker Fees. Neither Party is obligated to pay any fee or commission to any
broker, finder, or intermediary for or on account of the transaction contemplated by this
Agreement.
COMMERCIAL REAL ESTATE EXCHANGE AGREEMENT .2
3. HAZARDOUS SUBSTANCES.
3.1 Definitions. The terms "hazardous substance," "release," and "removal" shall
have the definition and meaning as set forth in 42 U.S.C. § 9601 (or the corresponding provision
of any future law); provided, however, that the term "hazardous substance" shall 'include
"hazardous waste" as defined in 42 U.S.C. § 6903 (or the corresponding provision of any future
law) and "petroleum" as defined in 42 U.S.C. § 6991 (or the corresponding provision of any
future law). The term "superfund" shall mean the Comprehensive Environmental Response,
Compensation and Liability Act of 1980, as amended, 42 U.S.C. §§ 9601, et seq. ("CERCLA")
(or the corresponding provision of any future law) and any similar statute, ordinance, rule or
regulation of any state or local legislature, agency or body. The term "underground storage tank"
shall have the definition and meaning as set forth in 42 U.S.C. § 6991 (or the corresponding
provision of any future law).
3.2 Representations and Warranties Regarding Hazardous Substances. SKY
MESA EAST represents with regard to Parcel A-1 and CITY represents with regard to Parcel A-
2, that;
3.2.1 The Parcel is not contaminated with any hazardous substance.
3.2.2 The Parcel is not subject to any pending, threatened, or likely federal,
state, or local "superfund" lien, proceedings, claim, liability, or action for the cleanup,
removal, or remediation of any hazardous substance from the Parcel.
3.2.3 There is no asbestos on the Parcel.
3.2.4 There is no underground storage tank on the Parcel.
4. CONDITIONS PRECEDENT TO CLOSING.
4.1 Intentionally Deleted.
4.2 Conditions Precedent to Obligations of Each Party. The obligations of each
Party under this Agreement are subject to the satisfaction of the .following conditions:
4.2.1 Representations and Warranties True. The representations and warranties
of each Party are true, complete, and accurate as of the date of this Agreement and as of
the date of Closing as if made as of such date.
4.2.2 Covenants Performed. Each Party has performed all obligations, covenants
and agreements to be performed before Closing as set forth in this Agreement.
4.2.3 Title Policy. The Title Company is prepared to issue policies in accordance
with the provisions of this Agreement.
4.2.4 Execution and Delivery of Documents. The Parties (and others where
required) shall have executed and delivered to the Closing Agent the following:
COMMERCIAL REAL ESTATE EXCHANGE AGREEMENT - 3
(a) The Warranty Deed(s); and
(b) Any other documents necessary to effect the transfers of title
contemplated by this Agreement.
4.2.5 Access Easement. The Parties shall have reached agreement on the terms
and conditions of an easement in favor of City providing Parcel Exchange 1 connectivity
to E. Taconic Drive across the property of SKY MESA EAST. The Parties shall 'include
an escrow instruction to record the Access Easement after Closing.
5. CLOSING.
5.1 Definition. "Closing" shall occur on the date on which the deeds to all properties
are recorded in satisfaction of the requirements of this Agreement.
5.2 Closing Agent. The Closing Agent for this Agreement shall be Title One
Company, Boise ("Closing Agent"), Each Party shall each pay one-half of the Closing Agent's
Closing Fees at Closing.
5.3 Time, Date and Place of Closing. Closing shall be at the offices of the Closing
Agent at such other time, date, and place as may be mutually agreed by the Parties. The parties
shall endeavor to close this transaction at the earliest possible opportunity.
5.4 Closing Agent Instructions. The Parties shall execute and deliver to the Closing
Agent instructions on the form generally provided by the Closing Agent with such modifications
as are reasonably made by the Parties that are consistent with the terms and conditions of this
Agreement for the purpose of effecting the transaction provided herein.
6. GENERAL PROVISIONS.
6.1 Incorporation of Recitals. The recitals set forth in this Agreement are a material
and integral part of this Agreement and are incorporated herein by reference.
6.2 Governing Lav, Jurisdiction, and Venue. This Agreement shall be construed
and interpreted in accordance with the laws of the State of Idaho. The Parties agree that the
courts of Idaho shall have exclusive jurisdiction and agree that Ada County is the proper venue.
6.3 Time of the Essence. Time is of the essence with respect to the obligations to be
performed under this Agreement.
6.4 Rights Cumulative. Except as expressly provided in this Agreement, and to the
extent permitted by law, any remedies described in this Agreement are cumulative and not
alternative to any other remedies available at law or in equity.
6.5 Nonwaiver of Remedies. The failure or neglect of a Party to enforce any remedy
available by reason of the failure of the other Party to observe or perform a term or condition set
forth in this Agreement shall not be a waiver of such term or condition. A waiver by a Party
(i) shall not affect any term or condition other than the one specified in such waiver, and (ii) shall
COMMERCIAL REAL ESTATE EXCHANGE AGREEMENT - 4 f ��
waive a specified term or condition only for the time and in a manner specifically stated in the
waiver.
6.6 Entire Agreement. All Schedules and Exhibits to this Agreement are a part of
this Agreement. This Agreement, together with the accompanying Schedules and Exhibits, is the
entire agreement among the Parties and supersedes all prior memoranda, correspondence,
conversations and negotiations.
6.7 Severability. The invalidity of any portion of this Agreement, as determined by a
court of competent jurisdiction, shall not affect the validity of any other portion of this
Agreement.
6.8 Counterparts. This Agreement may be executed in one or more counterparts,
each of which shall be deemed to be an original, but all of which together shall constitute one and
the same instruments.
6.9 Attorneys' Fees. If either party shall default in the full and timely performance of
this Agreement and said default is cured with the assistance of an attorney for the other party and
before the commencement of a suit thereon, as a part of curing said default, the reasonable
attorneys' fees incurred by the other party shall be reimbursed to the other party upon demand. In
the event of any litigation between the parties concerning this Agreement, the unsuccessful party
in such litigation shall fully reimburse the prevailing party for all reasonable costs and expenses,
including reasonable attorney's fees, incurred in such litigation.
6.10 Survival of Representations, Warranties, and Covenants. All representations,
warranties, and covenants of the Parties set forth in this Agreement shall survive the Closing and
shall survive the recording of the Warranty Deed(s).
7. EXECUTION OF AGREEMENT. SKY MESA EAST acknowledges that this agreement
will be executed by SKY MESA EAST before CITY executes the agreement and that the
execution of the agreement by the CITY is contingent upon ratification of the terms and
conditions of this agreement by the Meridian City Council and the Council's authorization for the
Meridian City Mayor to execute this agreement on behalf of the CITY.
8. SIGNATURES.
Dated this IDay of A � t,,,A , 2018
SKY MESA EAST, LLC
Travis Hunter, Manager
COMMERCIAL REAL ESTATE EXCHANGE AGREEMENT - 5
Ii+h Sept ember
Dated this 44ay of .12018
THE CITY OF MERIDIAN
Tammy de eerd, Mayor
ATTEST
Cry ColcUity Clerk
PQpRATtu q�G�
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City of w
E IDIAN�
SEAL
COMMERCIAL REAL ESTATE EXCHANGE AGREEMENT - 6 �~
EXHIBIT A-1
"EXCHANGE I"
Leel Description
Sky Mesa, East, LLC to the City of Meridian - Exchange Parcel
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 1/z 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 1/a of said
Section 32, from which an Aluminum Cap monument marking the northeast corner of said NE 1/a
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, the POINT OF
BEGINNING;
Thence S 0001'24" 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 89040'11" 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 a point;
Thence leaving said southerly boundary prolongation N 0°00'49" E a distance of 12.63 feet to a
point marking the northerly angle point of the southerly boundary of said Parcel B;
Thence S 89°59'15" E along said southerly boundary a distance of 150.06 feet to the POINT OF
BEGINNING.
This parcel contains 1,958 square feet (0.045 acres) and is subject to any easements existing or
in use.
COMMERCIAL REAL ESTATE EXCHANGE AGREEMENT - 7
EXHIBIT A-2
EXCHANGE 2
Legal Description
City of Meridian to Ski Mesa East, LLC Exchange Parcel
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 1/z 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 1/ of said
Section 32, from which an Aluminum Cap monument marking the northeast corner of said NE 1/4
bears N 0013'21" E a distance of 2677.54 feet;
Thence N 89021'39" 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 891140'11" 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 0000'49" 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 89040'11" 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 8940'11" 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.
COMMERCIAL REAL ESTATE EXCHANGE AGREEMENT - 8
EXHIBIT B
PROPERTY BOUNDARY ADJUSTMENT- RECORD OF SURVEY
FOR SKY MESA EAST. LLC AND THECITYOF MERIDIAN
A PORTION OF LOTS 16 AND 29, BLOCK 1 OF BiACKROCK SUBDMSION NO. 1,
LOCATED IN SECTION 32, T3N, RI E. BM, CITY OF MERIDIAN, ADA COUNTY. IDAHO
2018
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RECORDING REQUESTED BY AND
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 Y" day of Sep ember , 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:
1. 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 s01_MT2;5s6959.1
3. Binding on Successors. This Easement shall be recorded in the official records of Ada
County Idaho, and shall be binding on the heirs, successors, administrators, executors and
assigns of all parties hereto and shall run with the land.
4. Counterparts. This Easement may be executed in counterparts, each part being
considered an original document, all parts being but one document.
5. Remedies. In the event of a breach hereunder by any party, the non -breaching party shall
have all remedies available at law or in equity, including the availability of injunctive relief. In
any suit, action or appeal therefrom to enforce or interpret this Easement, the prevailing party
shall be entitled to recover its costs incurred therein, including reasonable attorneys' fees and
disbursements.
6. Easement Obstructions. No fence or other barrier shall be erected or permitted within
or across the Easement which would prevent or obstruct the passage of pedestrian or vehicular
travel; provided, however, that the foregoing shall not prohibit (i) the temporary erection of
barricades which are reasonably necessary for security and/or safety purposes in connection with
the construction, reconstruction, repair and maintenance of improvements, including the
Easement, on the Grantor's Property, it being agreed by the parties however, that all such work
shall be conducted in the most expeditious manner reasonably possible to minimize the
interference with the use of the Easement by Grantor, and such work shall be diligently
prosecuted to completion, or (ii) the construction of limited curbing or other forms of traffic
controls along the outer perimeter of the Easement.
7. Notices. All notices, demands and requests required or desired to be given under this
Agreement must be in writing and shall be deemed to have been given as of the date such writing
is (i) delivered to the party intended, (ii) delivered to the then current address of the party
intended, or (iii) rejected at the then current address of the party intended, provided such writing
was sent prepaid. The initial address of the signatories hereto is:
Grantee: City of Meridian
City Cleric
33 East Broadway Avenue
Meridian, Idaho 83642
Grantor: Sky Mesa East, LLC
James H. Hunter
729 S. Bridgeway Place
Eagle, Idaho 83616
Upon at least ten (10) days' prior written notice, each party shall have the right to change
its address to any other address within the United States of America.
S. Dedications. Grantor excepts and reserves unto itself, its successors and assigns, the
right to dedicate the Easement as a public street or drive at any time at its sole election. Upon
any such dedication all private rights of Grantee therein shall automatically terminate and expire.
Until and unless an express dedication is made of the Easement, no use hereunder shall be
ACCESS EASEMENT - 2 DOCUMENT IV.B
071305 1500 BOLMT2:536959.1
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 ) 1�
Trnv�S t1unK�'
This record was acknowledged before me on 0'i (date) by , on
behalf of Sky Mesa East, LLC, in the following representative capacity: Manager
,,�� Ef ��,,• �A� <�LN l�lVyV
p'fARY�'•. ':
t� Notary Signature
�'� _ = My Commission Expires:*19tp�l *0006
GRANTEE: THE CITY OF MERIDIAN
Tammy erd, Mayor
ACCESS EASEMENT - 3 DOCUMENT IV.B
071305 1500 BOl_MT2:536959.1
ATTES
ay Cole ity Clerk
STATE OF IDAHO, )
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County of Ada )
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C-�►'[ EI VIDIAN
-1 IDAHO
SEAL 4/
This record was acknowledged before me onq-4-2618(date) by Tammy de Weerd
and C.]ay Coles on behalf of the City of Meridian, in their capacities as Mayor and City
Clerk, respectively.
y, SNR Y Notary Signature 1 f n4 ,d&Xj, t3d&A0
p My Commission Expires; 3-a 8 •aoaa
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ACCESS EASEMENT - 4 DOCUMENT IV.B
071305 1500 BOI_MT2'586959.1
EXHIBIT A
(Grantor's Property Legal Description)
[note — this is the property that Sky Mesa East will own after the exchange]
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 1/2 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 1/4 of said
Section 32, from which an Aluminum Cap monument marking the northeast corner of said NE 1/a
bears N 0013'21" 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 0001'24" 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 89040'11" 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 0000'49" 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 000'49" 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 89040'11" 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.
ACCESS EASEMENT - 5 DOCUMENT IV.B
071305 1500 BOI_MT2:586959.1
EXHIBIT B
(Grantee's Property)
Parcel 1 as identified in Record of Survey No , recorded on the day of
2018 in the records of Ada County Idaho, identified as Instrument Number
ACCESS EASEMENT - 6 DOCUMENT IV.B
071305 1500 1301_NIT2:586959.1
EXHIBIT C
(Easement Legal Description)
City of Meridian — Well #28 Access Easement
An easement being over a portion of Lot 16, 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 1/9 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 NE1/a of said
Section 32, from which an Aluminum Cap monument marking the northeast corner of said NE 1/4
bears N 013'21" E a distance of 2677.54 feet;
Thence N 89021'39" 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 89040'11" W along the southerly boundary and prolongation
of Lot 24 of said Block 1 of Blackrock Subdivision No. 1 a distance of 196.67 feet to the POINT
OF BEGINNING;
Thence leaving said prolongation of the southerly boundary S 01100'49" E a distance of 20.00
feet to a point on the northerly right-of-way of E. Taconic Drive;
Thence N 89040'11" W along said northerly right-of-way a distance of 30.00 feet to a point;
Thence leaving said northerly right-of-way N 0000'49" E a distance of 20.00 feet to a point on
said prolongation of the southerly boundary of Lot 24;
Thence S 89°40'11" E along said prolongation of the southerly boundary a distance of 30.00
feet to the POINT OF BEGINNING.
Said easement contains 600 square feet.
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ACCESS EASEMENT - 7 DOCUMENT 1V.B
071305 1500 D01_MT2:586959.1
EXHIBIT D
PROPERTY BOUNDARYADJUSTMENT-RECORD OF SURVEY
FOR SKY MESA EAST, LLC AND THE CITY OF MERIDIAN
A PORTION OF LOTS 16 AND 24, BLOCK 1 OF BLACKROCKSUBDIVJSION NO. 1,
LOCATED IN SECTION 32. T3N, R I E, SM. CITY OF MERIDIAN, ADA COUNTY, IDAHO
2018
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RECOttRDERS CERTIFICATE
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REFERENCES
NOTES
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ACCESS EASEMENT - 8 DOCUMENT XV.B
071305 1500 BOT—MV—:586959.1
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
�o, 2tm- 2018
GRANTOR
THE CITY OF MERIDIAN
Tammy de d, Mayor
WARRANTY DEED -1
ATTEST:
X4'1
ay Coles
Clerk
STATE OF IDAHO, )
. ss.
County of Ada )
�LjNTEDA(jG
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/ W
. E IDIAN�-
IOAHO
SEAL
This record was acknowledged before me on `{'q'2619(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.
WARRANTY DEED - 2
Chvivul W
��
Notary Signature
My Commission Expires: 3'a9 'c2baq
10.14 Is 111]8W1
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 %2 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'/4 of said
Section 32, from which an Aluminum Cap monument marking the northeast corner of said NE 1/4
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 0000'49" 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