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HomeMy WebLinkAboutWarranty DeedNC,S• 9`113N(�;'A - I WHEN RECORDED, MAIL TO: Meridian CenterCal, LLC c/o CenterCal Properties, LLC 7455 SW Bridgeport Road, Suite 205 Tigard, Oregon 97224 Attn: Fred W. Bruning 1� DA A COUNTY RECORDER J. DAVID NAVARRO AMOUNT 57.0 10 9 BOISE IDAHO 07/31/08 01:46 PM DEPUTY Danielle Goulette III IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII RECORDED —REQUEST OF First American 108087267 SPECIAL WARRANTY DEED In consideration of Ten and 00/100 Dollars ($10.00) and other good and valuable consideration, THE JULIUS M. KLEINER MEMORIAL PARK TRUST, UTA DATED APRIL 5, 2007 (the "Grantor"), hereby grants and conveys to MERIDIAN CENTERCAL, LLC, a Delaware limited liability company, -whose address is 7455 SW Bridgeport Road, Suite 205, Tigard, Oregon 97224 (the "Grantee"), all of Grantor's undivided one-half (1/2) tenant -in -common fee interest in and to the real property located in Ada County, Idaho, and described as follows: See Exhibit A attached hereto and incorporated herein by this reference; TOGETHER with all easements, rights and hereditaments appurtenant thereto and all improvements located thereon; SUBJECT ONLY TO current taxes and assessments and to the reservations, easements, covenants, conditions, restrictions, and other rights or interests attached hereto as Exhibit B; and IN WITNESS WHEREOF, Grantor has executed this Special Warranty Deed this day of July, 2008. THE JULIUS M. KLEINER MEMORIAL PARK TRUST, UTA DATED APRIL 5, 2007 By: e M. Klein Co -Trustee By: Michael E. Huter Co -Trustee SPECIAL WARRANTY DEED - 1 - 42340.0002.1247461.2 STATE OF WASHINGTON ) ss. County of King On this day of , 2008, before me, A • cwa\)Lf(, a Notary Public in and for said tate, personally appeared Eugene M. Kleiner, known or identified to me to be the perso whose name is subscribed to the within instrument as a Co -Trustee of The Julius M. Kleiner Memorial Park Trust, UTA dated April 5, 2007, and acknowledged to me that he executed the same as such Co -Trustee. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. �Y Punic Notary Public 0� aVQ'�WIIUGT®' �itS�R9 E�SPeP Residing at My commission expires STATE OF IDAHO ) ss. County of Ada 20 } On this,.V day ojk , 2008, before me, 1S a Notary Public in and for said State, personally appeared Mich el E. Huter, known or identified to me to be the person whose name is subscribed to the within instrument as a Co -Trustee of The Julius M. Kleiner Memorial Park Trust, UTA dated April 5, 2007, and acknowledged to me that he executed the same as such Co -Trustee. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. "S 6 6116 819"es�e P►MY BI'V, 0 m P.A A�� L t� 00 OF I N 1►10 Residing at I My commission SPECIAL WARRANTY DEED - 2 - 42340.0002.1247461.1 EXHIBIT A Boundary Description %. of New Parcel I ' for Meridian Ceniercal, LLC Job 4vo. 6077070.00 A parcel of land situated in the southwest quarter of Section 4, 'Township 3 North, Range I East, Boise Meridian, Ada County, Idaho, bein& more particularly described as follows; I Commencing at a: brass cap. marking the southwest_ corner of Section 4, Township 3 North, I Range 1 East, Boise Meridian; . LAND Thence N60-10'43"E, 2618.49 feet along the west line of the southwest quarter to it brass - •PLANNING , cap mpg the west quarter Ction comer of Section 4; I Thence N89151'01"E, 70.00 feet along the north line of the southwest quarter to a brass cap on the east tight -of -way line of North Eagle Road, the POINT OF BEGINNING: , Thence N89 5I 01'% 1237.9feet along the north line of the west half of the CIVIL ENaINa[rtlMa , southwest quarter of Section 4; Thence StSO°08'S0"�V, 182.63 feet; Thence 16.85 feet on a curve to the right, having a radius of 511.67 feet, a cs�al - E LdNGGcwrc , . o , „ angle of 1o53 12' , a chord bearing of S0i 05 26 SN, and a chord length of 16.85 ANCNITCCTUNC � feet; Thence S02°02'n7M 720.47 feet; [ Thence 3$138- Beet on a cufve.to the left, having a radius of48833 feet, a cential - LAND •5°K°CY, angle of 44644* , a chord bearing of `S20°20'•22"E, and a chord length of 371.76 feet; Thence N89049' 17"W, 1344.74 feet to the, easf right-of-way line of North Eagle Road; . T 0 ` Thence•N0090'43'W,1260.65 feet along -the east right-of-way line ofNorth Eagle �a Road to the POINT OF BEGINNING. The above -described parcel contains 35.85 acres more or less. Subject to any existinig easements or rights -of -way ofecard or apparent. 11 t3 Easl Winding CRADrive Eag[e.ID 836,18 PH2O8(2db,63D0 - - - FX 2D8/246.8320 . I lvwwwrDQesigrt.com - .. � - 1 - www.wrgdesign.con+ PAGE 1 OF 13 1101T 70,00` Wro of Bogrnabag �? Legend t f O I t t o i Pbroe $ 35.85 4 cV fr 0 - Boaedery Une - section Uae - EAsttng myttt-of-way line — section career ! — Ouarter—section Caner — Property Comet Ja acres t tiro Table r floe 8.ortn tin t t 1 I r I t I t 5V4 •rHCLS!V- r ®®® New Parcel la Exhibit_ Project No. 807M70.00 fQ$ Meridian Town Center pate: Wy: 07/ P.Cooper W3 E %1Q ft Cmk Dft Eed4 iD BM Tel 20�2/883pp FaX 206Y48.ti= „roee�e.eta.tas.uuoeurcataear>m-+ueMM hAeridIM Ciant+8r Mt t 1.0 Ctt Of uefidgm kW10- sheet No. 1 of 1 PAGE 2 OF 13 ' t i LAW 6 PLANNING CIVIL EpoINLCR1Ru . LAN 0lcwrs • ARQHITUCTURU FEE] Lax to • SUILV Cy 1173 East Winding Credo Drive - Eeg1e,.ID 83616 PH 2=46=0. FX 208/246.8320 www.Wrgdesign.eem. www.w[gdasfgr.com PAGE 3 •OF 13 ! I D E S 1 C M I M C. ' Boulndary•Description ' of Now Parcel 1b for Meridian-Centercal, LLC 1 Job No. 6077070.00 A parcel of land situated in the southwest quarter of Section 4, Township 3 'Nortb, Range 1 Eas ,Boise Meridian, Ada County, Idaho, being more paiticularly described as follows: Commencing at a brass cap ma rl#g the southwest none 6f Section 4, Township 3 North, Range I East, Bosse Meridian; Thence S89°46' 17"E, 2023.2S feet along the south line of the sou6iwesi quarter; Thence X00°13'i43"E, 52.81 feet fo the north righ"f way line of East Fairview Avenue, the POINT OF BEGIINNING: Thence N89°59'29' Vi , 777.49 feet along the -north right 0--way line of East Fairview Avenue to a 5/8 inch rebar, Thence S00000'31 "W, 5.00 feet along the north right of -way line of East Fairview Avenue to a 518 inch rebar; thenca N89°59'29"W, 631.00 feet along.& north right-of-way line of East Fairview - Avenue to a 5/8 inch rebar, Thence N00000'3111E,10.00 feet along the north right-of-way line of East Fairview Avenue to a 518 inch rebar, . I Thence N89°59'29" M 85.91 feet along the north righ"f-way line of East Fairview Avenue to a 5/8 inch rebar, Thelice N8,5°18"52"W,122.64 feet along the north right-of-way iine of East Fairview Avenue to a 5'/8 inch rebar; Thence N89°59'29"W, 217.51 feet along the north right-0f-way line of East Fairview ' Avenue to a 5/8 inch rebar; Thence N57625'03"W,129.24 feet -along the north nght••of way line of East Fairview Avenue to a brass cap on the east right=of-way line of North Eagle Read; Theni� N001110'43"E, 657.35 feet along the east right -of way line of North Eagle Road to abrass cap; ' Thence N02006'43"W, 25010 feet along the east rids -of -way line of North Eagle Road to a brass Cap; - New Parcel III continued... Thence: N•00110'43"E, 272.29 feet along the east right-of-way line of North Eagle Road to a 5/8 inch rebar on the south line of the north half of thet west half of the southwest gvart=; . Thence N00010'43"E, 48.74 feet along the east rightof-way.line of North Eagle Road; Thence S$9°49' 17"E,1344.14 feet; Thence 16.69 feet on a non -tangent curve to the left, concave easterly; having -a radius of 488.33 feeet; a central angle of 1 °5731 ; a chord bearing of S43°41'33 "E; end a chord length of 16.69 feet; Thence SW40'18"E, 649.89 feet; Thence 118-21 feel on a carve to the right, having a radius of 511.67 feet, a central angle of l3°14' 13' ,, a. chord bearing of SJ8°03'12'T; and a chord length of 117.95 feet; Thence N89°59'29 V,13.73 feet; Thence 281.5$ feet on a non tangent curve to the right, concavt westerly, having a - radius of 500.00 feet; a centrdl.angle of 32*15158", a chord bearing ofS16°07'22"E,• . and.a chord. Iength of 277.87 feet; . Theue a S00°00'37"W, 475.04 feet to the POINT OF BEGINNING. The above -described parcel contains 53.94 acres, more or less. i Subject to any e)dsting easements or rights -of -way of record or apparel t. D E. 9 I O N I N c PAGE:4 OF 13 5q4-------------------- -- --- Legend Boundary. Lkm Sealton We - — - Existing IGght-ol-Way Line - Sectlon Comer - Qudrtar-ScoSon Comer d Pmpe'ty Corner MIME f7TAF�7: 7ffPTT 1 OVUM �R!'GaC' MAN -i_"�I�i1J_�Mllljlu-� . m � of 1 DO' . -�_ EaN FaAvlen .twe„vi _ 88Y'�6'17'E ® New. Parcel #b EX* Nbif rm� W � °A0 Meridian "town Center ar Fcoopw m E Wnft CmR WA Each ID 11 W 9Cs1� r - 3W Tilt 208EOBlXt00 F= 20&Z,(9ZM Mwkftn Con tarcaL U-0 tux"a-smum.mmoma +andzxtm OiiAetidaet.(dat+a $haet NO. f flf i i i i i PAGE 5 OF 13 BLAND • • PI-�.NNINo ' GIVI2. - • ENOINCLRINO LwNbac/Ire I ARCNITLCTURC I - LANa SURVIIT - I - I o E S VG N I N 6. ' Boundary Dwription - ofN.ew Parcel 3 for Meridian Centeccal, LLC Job l4o. 6077070:00 A parcel of laird situated in the'ehst halfof the southwest quarter.and the west hatf of the southwedq iarter ofthe southeast quarter of Section 4, Township 3 North, Range 1 East•, � Boise Meridian, Ada County, Idaho, being more particularly descuibed as follows: Commencing at a brass cap marking the southwest corner of Section 4, Township 3 North, Range 1 East, Boise Meridian; Thence S89046' 17'E, 2659.51 feet along the south line of the southwest quarter to a 5/8 inch . rebar marling the south gwwter-section comer of Section 4;- , i'hence•S89°46'39"E, 664.61 feet along the south line of the southeast quarter; Thence N00'13'21"F, 57..74 feet to a 5/9 inch iebar marking the southwest comer of Vedture Subdivision, Book 27 of Plati at Pages 1704 & 1705, on the north right of-W7 line of East Fairview A;venne, the POINT OF BEGINNING: Thence N0000425"E,'741,97 feet along*the west line,of Venture Subdivision; Thence N89°59'29"W, 1379.91 feet; ' Thence 281.58 feet on a non -tangent curve to the rights concave westerly, having a radius of 500.00 feet; a central angle of 32°15'58"7a chord bearing of S16*07'22"R, and a chord length of 277.97 feet; Thence S00060'3T'W„ 475.04 feet to the -north right -of --way line of East Fairview lkyenue; ; Thence S891�T29"E; 63620 feet along the north right-of-way line -of East Fairview Avenue to -a 518 inch rebar; Thence S89099'29"E, 664.68 feet along the north right-of-way line of East Fairview Avenue to the POINT OF BEGINNING. , The above -described parcel contains 22.32 acres, mom or less. Subject to any existing easements or rights -of -way of record or apparent. 11T3 Ea3l Winding Creek Drive , EaDlo, D) 83616 PH Z08/248.830D - FX 209/24G.9320 wWw.wrpdas[prLcom www.wrgdesiQn.com �. PAGE 6 OF 13 Legend — Boundary tins --- - — Section tine — ExfsCmg Rot —of —Way Line — Sadlon Cornet Qaa W -SeatW Comas t Q - Proporty Corw I. t CuT aTahb 1 Qtrve Della Radlus I fwth Chord 64Parfn Chord lb t t t ® New Parcel 3.Exhibit project- b 6077070DO Date: - 07/01/08 Cr. Meridian Town Center - By, P.Coup®r W3 E wrm,Q aaak DM6 ads. ID Bsl8 tat zaaz4W= � 2W248MM ►W.a..�...d.u�o.aac,bsy.,ems.eureroa. mWkw Cemerca! l Lc . . C*y0 &Wkkm Naha sctile Moat ft r - 350' I of 1 PAGE 7 Of 13 l'D E 8 l G• N I •N C. I! / j Boundary Description . of New Parcel 4.a for Meridian Centercel, LLC ' 'Job No. 60770'10.00 . A pardel of land si toaWd in the east half of the southeast quarter• Section 5, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, being more particularly descnbed as -follows, Commenc" at a brass c th6 southeast section comer of Section 5, Township 3- North, - ap marking . North, Range 1 East, Boise -Meridian; Thence N00°10'43"E, 2618.49 feet along the east line of southeast quarter of Section 5 to the -cast quarter -section coiner of Section 5; Thence S89955'28"W, 70.06 feet along the north Brie of the east half of the southeast quarter FO to the West right -of way 6fNorth Eagle Road; . - CIVIL. Thence•S00010'43"W, 45.00 feet along the west right-of-way line ofNorthllagie Roadto a 51a inch rei�air, the PbINT OF BEGXNNING:. Thence S00010'43"W, 1242.94 feet along the westright-ofway line ofNorth Eagle Road; t - `""°�°�� Thehc.6 N89°49,'17"W;1253.55 feet to the east line of Packard Subdivision No. 4, ' ARCJpTt:CTUHa • r Book 82 of Piats•at Pages 9064 & 9065, records of Ada County; Thencd N00007' 13 "B, 682.98 feet along the east Me of Packard Subdivision No. 4,. • to a 5/8 iach rebar msrldng the southeast comer of Packard Subdivision No. 3, Book LA"o 80.of Plats at Pages 8697 & 8�U, xcords ofAda Coutrty; Thence N001107' 13'T, 23931 feet along the east line of Packard•Subdivision•No. 3, _ to a 519 inch rebar m=king the south right-of-way lime of$ast Chateau Drive; Thence N89°51'06"B, 91-55 feet along the south right -of way line ofEast Char �G Drive to a 5/8,inch rebar, t Thence 109.96 feet on a curve to the left having a,radim 70.00 feet, a central angle of p a 90°00.'00 ; a chord bearing of N'44°51'06'% and a chord length of 98.99 feet, along ilia right-of-way line of East Chateau Drive to a 5/8 inch rebar, /Cyq� � Thence N00008'54"W, 289.87 feet along the east right-of-way line of East Chi mu Drive to a 5/9 inch rebi r on the north•line of the east half of the southe®st quarter of 1173 East Winding CnekVft Section 51 Eagle, ID 63516 Thence N89055'28"E, 721.26 feet along the north line of the east half of the PH Zoei2OMM southeast quarter of Section 5 to a 5/8 inch. rebar, FX 0=48-e32o E t www.wDdes[g>Lcom ' i www.wrgdesigmOm PAGE• 8-OF 13 ' New Parcel 4a continued... Thence S20034' I4"E, 48.04 feet to a 5/8 inch rebhr, Thence N89°5528"E, 556.73 feet parallel with the north line of the east half of the ;southeast quaiter of Section 5 to the POINT OF BEGINNING. The above-d=ribed parcel contains 35.32 acres; mare or less. Subject to any existing easements or rights -of -way of record or apparent." ! duo •. PLa..,'_f,B ft l D' E. $ I O N f N C. i PAGE 9 OF 13 N8p'S7'2E'E Mf.1br SDD't0'IS"W f.4,00' S ¢ 1i69'S3= S"E SSi7J I IB.DE' i i Point of Brpw*o ; ' f Evert chotwu "a r r . __J � i sr"�.astrl�s•e i � r i Parcel 4a 35.32 Acres f l r CIw■ Tubb Lvm Odfo ttadlht+I Lwvfh Pg;—d B-arfn Ck"d � b CT D ' .3 . .E I 1251-W• 1 1 i •r 1. roo • Iq • � I O Legend � x S=Wn ,h ; �G f - ExEslLig !ttbhl-of-tYa9 Ws r i se«w1. cane. �- (} _ voa'ce�soairon corner I f 0f �� �3 O - Property Comw 1 ® New Parcel 4a Exhibit Project "°• OW07000 101/08 o a •. o N 1 N Meridian Town Center e%r. . P M E ftft ae* Deg► I�M* M Meriden Centen* L• LC Sceia= r - 3w . rca rec a4MW AM 2=4&8tzD ,ua+dn •.,ors,,• worowc..ve.n...r.Imane e y Ci Jrfer�cfui, idet+o Shoot Zia 1011 PAGE 10 OF 13 PLANMJNG • •• CIVIL (!NOINECRINa - 1173 East Winding CreekDrWe Eagle, ID 836f6 PH 208/246.8300 , PX 208n46.8320 www.wradestan m n www.wrgdesion.com D E S I G N I N C. Boundary Description of New Parcel 4b - for Meridian. Centercal L,C Job No. 6677070.00 . A parcel ofland :situated in the east half of the southeast quarter of Section 5, Township 3 Forth, Range 1 East, Boise Meridian, Ada County, Idaho, being more par icularlydescribed as follows: Commencing at a brass cap marldag the southeast corner of Sectiorr5, Township 3 North, Range 1 Fast, Boise Meridian; ' Tlxence $89-46'56"W, 1322.11 feet along the south line of the eastJWf of the southeast quarter of Section 5 to the southwest comer of the east half.of the southeast quarter of Section 5;. Vence N00006'.56"E, 4528 feet along the west -lino. ofthe eist•half of the southeast quarter of Section 5 to' 5/8 inch rebpr on the north right -of --way line of East Fairview Avenue the POINT OF BEGINNING: ' Thence N00°06' 56"E,.1265.40 feet along the west line of the east half of th.'e southeast gvartei of Section 5 fo a 5/8 inch rebar marking the southeast cotter of Packard.Subdivision No. 4, Book 82 of Plats at Pages 9064 & 9065, records of Ada. County; Thence N00°07' 13"E, 28.71 feet,along the east line ofPixckard SubdivisionNo. 4; Thence S89d49' 1TT,1253.55 feet to the west right-of-way ling ofNorth Eagle Road, , Thence S00°10'43"W, 344.28 feet atong'the west right -of way litic of North Eagle Road to a Brass Cap; ' Thence S02028109'V, 250.20 feet along the west right -of way liue,ofNorth Eagle Road to a Brass Cap; Thence S00010'43"W; 606.46 feet along the west right -of way line of North Eagle Road to a Brass Cap; Thence S57°26-07"W,117.34 feet along the north right-of-way line of East Fairview Avenue to a S/8 inch zebar, . = Thence S$7033' 08"W, 385.28 feet -along: the north right -of way line of East Fairview Avenue to a 5/8 inch rebar; . Thence N89°59'27"W, 52.93 feet along the -north right-of-way line of East Fairview Avencie to a 5/9 inch rebar ' .. -j PAGE 11 OF 13 -New Parcel 4b continued... Thence S00000'33"W, i0.0o feet along the north right -of way line of East Fairview Avenue to a 5/8 inch rebar, , Tjience N890S9'27"W, 705,66 feetalong the north right-of-way tine of East Fai vie* Avenue to the POINT OF BEGINNINO, The'above-descn'bed parcel contains 36.67 acres, more or less. S6ject to any existing easements or tights -of -way. of -record or apparent aA i v _ iSi. • " Dt PAGE 12.OF 1;3 , - ----- 594 Legend ` ' � sectionswamry - erne abt:n � 7 8 - QOrtar•-Seaton Comer i 1 P�Vwty CO . ,_ 4 Parcel 4b f 38.67 Acres t , � g � I , , ern. j fs ibk,t oI :estn+►no • • So0'oo?3"W A n9�7'w ��•w. poses' . 5 r4 _- aria rm W ijm fEdO Air '♦ �.� New Parcel 4b Exhibit Project No. 607MM.00 Dates 08 Meridian Town Center W. P.co�f � By: oper . °Wf center i:t .c sOW82 r M OW F say a lNatitf nano sheet NO. i et f PAGE 13 OF 13 EXHIBIT B Parcels I and 1B 1. General and Special Taxes for the year 2008, an accruing lien not due or payable until the fourth Monday in November 2008 when the bills are issued, the first half of which is not delinquent until after December 20, 2008. 2. General taxes which may be assessed and extended on any "subsequent" or "occupancy" tax roll, which may escape assessment of the regular tax roll; which are a lien not yet due or payable. 3. Liens, levies and assessments by Nampa -Meridian Irrigation District. 4. Ezcept mineral or water rights, claims or title to mineral or water. 5. Rights, rights of way, reservations and exceptions in the patent recorded in Book 5 of Patents, Page 18. 6. Covenants, conditions, restrictions and easements contained in the Deed to the State of Idaho, conveying a portion of the property adjoining. Recorded: July 28, 1955, as Instrument No. 380667. 7. Agreement upon the terms, conditions and provisions contained therein: Dated: Parties: NAMPA & MERIDIAN IRRIGATION DISTRICT & MORRISON-KNUDSEN COMPANY Recorded: April 5, 1973 Instrument No.: 841610 8. Easement, including terms and provisions contained therein: Recording Information: 8026154 In Favor of: IDAHO POWER COMPANY For: power lines 9. Easement, including terms and provisions contained therein: Recording Information: 95030008 In Favor of: IDAHO POWER COMPANY For: power lines 10. Covenants, conditions, restrictions and easements contained in the Deed to the State of Idaho, conveying a portion of the property adjoining. Recorded: May 25, 1995, as Instrument No. 95035388. 11. License Agreement upon the terms, conditions and provisions contained therein: Dated: August 5, 1996 Parties: NAMPA & MERIDIAN IRRIGATION DISTRICT & MORRISON-KNUDSEN COMPANY Recorded: April 9, 1996 Instrument No.: 96066964 12. Unrecorded Leaseholds, if any, rights of parties in possession other than the vestees herein, rights of chattel mortgages, vendors and vendees under conditional sales contracts of personal property installed on the premises herein, and rights of tenants to remove trade fixtures. 13. Any facts, rights, interests or claims which would be disclosed by a correct ALTA/ACSM survey. CADocuments and SettingsVfg\Local SettingsWentporaryInternet Files10LK7ZExhibit B -Parcels IA and IB.doc 2 EXHIBIT B Parcels 3, 4A and 413 1. General and Special Taxes for the year 2008, an accruing lien not due or payable until the fourth Monday in November 2008 when the bills are issued, the first half of which is not delinquent until after December 20, 2008. 2. General taxes which may be assessed and extended on any "subsequent" or "occupancy" tax roll, which may escape assessment of the regular tax roll; which are a lien not yet due or payable. 3. Liens, levies and assessments by Nampa -Meridian Irrigation District. 4. Except mineral or water rights, claims or title to mineral or water. 5. Rights, rights of way, reservations and exceptions in the patent recorded in Book 3 of Patents, Page 113. 6. Rights, rights of way, reservations and exceptions in the patent recorded in Book 5 of Patents, Page 18. 7. Easement, including terms and provisions contained therein: Recording Information: Book 19 of Miscellaneous Records at Page 624 In Favor of IDAHO POWER COMPANY For: power lines 8. Covenants, conditions, restrictions and easements contained in the Deed to the State of Idaho, conveying a portion of the property adjoining. Recorded: July 28, 1955, as Instrument No. 380667. 9. Easement, including terms and provisions contained therein: Recording Information: 7749046 In Favor of. IDAHO POWER COMPANY For: power lines 10. Covenants, conditions, restrictions and easements contained in the Deed to the State of Idaho, conveying a portion of the property adjoining. Recorded: May 25, 1995, as Instrument No. 95035387. 11. License Agreement upon the terms, conditions and provisions contained therein: Dated: August 5, 1996 Parties: NAMPA & MERIDIAN IRRIGATION DISTRICT & INTERMOUNTAIN GAS COMPANY Recorded: August 9, 1996 Instrument No.: 96066964 12. Terms and Conditions contained in Easement, by and between Joint School District No. 2 and Walter H. Kleiner and Eugene M. Kleiner, recorded December 23, 1999, as Instrument No. 99121751, Records'at Ada County, Idaho. 13. Unrecorded Leaseholds, if any, rights of parties in possession other than the vestees herein, rights of chattel mortgages, vendors and vendees under conditional sales contracts of personal property installed on the premises herein, and rights of tenants to remove trade fixtures. 14. Any facts, rights, interests or claims which would be disclosed by a correct ALTA/ACSM survey. CADocuments and SettingsVfg\Local Settings\Temporary Intemet Fiks10LK721Exhibi1 B - Parccls 34A and 4B.doc 0) Al ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT 21.00 1� 3 BOISE IDAHO 07/31108 01:46 PM II IIIIII I I I II III DEPUTY Danielle Boulette III IIIIIIIIIIIIIIIIII RECORDED —REOUEST OF 108087268 First American Recording Requested By and When Recorded Return to: Richard D. Hemdon Griffin Fletcher & Hemdon LLP 3500 Red Bank Road Cincinnati, Ohio 45227 SPACE ABOVE TM5 LNE FOR RECORDER'S USE ONLY SPECIAL WARRANTY DEED In consideration of Ten and 00/100 Dollars ($10.00) and other good and valuable consideration, DAVID E. KLEINER, AS TRUSTEE OF THE 2008 KLEINER FAMILY TRUST U/r/D MARCH 4, 2008 (the "Grantor"), hereby grant and convey to MERIDIAN CENTERCAL, L.L.C., a Delaware limited liability company, whose address is 7455 SW Bridgeport Road, Suite 205, Tigard, Oregon 97224 (the "Grantee'), all of Grantor's undivided one half (1/2) fee interest in and to the real property located in Ada County, Idaho, and described as follows: See Exhibit A attached hereto and incorporated herein by this reference; TOGETHER with all easements, rights and hereditaments appurtenant thereto and all improvements located thereon; SUBJECT ONLY TO current taxes and assessments and to the reservations; easements, covenants, conditions, restrictions, and other rights or interests attached hereto as Exhibit B; and the restrictive covenant and equitable servitude hereby imposed that no portion of the real property conveyed hereby shall be employed for the construction, use or operation of any resort, timeshare facility, hotel, motel, motor lodge, recreational vehicle or motor home campground, camping resort, or other form of hospitality facility or for any industrial purposes, as such terms are defined in the applicable zoning code then in effect. By accepting this Deed, Grantee acknowledges, covenants and agrees for itself and for its successors and assigns that the foregoing restriction and servitude shall apply to and be enforceable against any other undivided fee interest in the real property herein described acquired by Grantee or its successors to the same and fiill extent applicable to the interests of the Grantor hereby conveyed. GRANTOR, for itself and for its successors in interest, does by these presents expressly limit the covenants in this Deed to those herein expressed, excludes all covenants arising or to arise by statutory or other implication, and does hereby covenant against all persons whomsoever lawfully claiming or to claim by, through, or under Grantor, and not otherwise, that it shall warranty and defend the title to the above -described real property. IN WITNESS WHEREOF, Grantor has executed this Special Warranty Deed this ,21—k day of July, 2008. ,# DAVID E. KLEINTER, AS THE TRUSTEE OF THE 2008 KLEINER FAMILY TRUST U/T/D MARCH 4, 2008 STATE OF } SS: COUNTY OF I certify that I know or have satisfactory evidence that DAVID E. KLEINER is the person who appeared before me, and said person(s) acknowledged that he signed this instrument, on oath stated that he is authorized to execute the instrument and acknowledged it as Trustee of the 2008 KLEINER FAMILY TRUST U/T/D MARCH 4, 2008, to be the free and voluntary act of such patty for the uses and purposes mentioned in this instrument. Dated: e� Notary or printed): No---ry 'c m and for the State of Residing at: ,,11 r r r r r r 11,p",� My appointment expires. �l j- ` mact\sdlc's special WacraGy Dad (hood caaici m) (072108).doc NMAR'y PUBLIC,-` "- 22�' uNu ,�.NNtNo CIVIL [NOtN[[RINO LANOOCA►S ARCMITi6Tuwt LwN0 54RY[Y EMIBIT A Boundary D'egeription of New Panel In for Meridian Cedtereal, LLC Job No. 6077070.00 A parcel of land situated in the southwest quarter of Section 4, Township 3 North, Range I. - East, Boise Meridian, Ada County, Idaho, being more particularly described as follows; Commencing at a brass cap marling the southwest corner of Section 4, Township 3 North, Range 1 Fast, Boise Meridian; Thence N00'10'43"E, 2618.49 feet along the west line of the southwest quarter to a brass .cap marking the west quarter -section comer of Section 4; .... �,.,...,�. T... sT, .Tn nn r_� _.___ .t_ _�L f:__ .;c.�— ___�t_•�� _..�.__._ _ t_.._ ..,._ 1173 East Winding COADMe I - Esgle.ID 83616 - PH 298/246.8300 FX 208/248.83Z0 rrrw:r+Ndetlgn.eom www.wrgdesign.com Page l of 1 "LAND t'LANn�ND CIVIL CN[INa[MNY LAN[[CA►[ A11CN1i[CTull[ ' FS LA.0 • 'suwer 1173 Eat Winding Unr 0rty Eaglt,•l0 83616 PH 2081246.8300 FX 208n46.8320 www.vngdision.com. www.wrgusign.com D 6 6 1 e N ! N Co ` Boundary Description of New Parcel Ib ' for Meridian Centercal, L.LC Job No. 6077070.00 A parcel of land situated in the southwest quarter of Section 4, Township 3 North, Range I East, Boise Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at a brass cap marlang the southwest oorrier. of Section 4, Township 3 North, kange 1 East, Boise Meridian; Thence S89046' 17"E, 2023.25 feet along the south line' of the southwest quarter, Thence NOOD 13'43 "E, 52.81 feet io the north right-of-way line of East Fairview Avenue, the POINT OF BEGR4NING: Thbrtoe N89059'29W, 777.49 feet along the north right -of --way line of East Fairview . Avenue to a 519 inch rebar, Thence S0000011"W, 5.00.feet along the north right-of-way line of East Fairview Avenue to a 5/8 inch rebF, , Thence N89D59'29"W, 631.00 feet along,the north right-of-way line of East Fairview Avenue to a 519 inch rebar; Thence NOOD00'317,10.00 feet along the µorth right-of-way line of East Fairview Avenue; to a 518 inch rebar, Thence N89D59'29"W, 85.91 feet along the north right-of-way line of East Fairview Avenue to a 518 inch rebar, Thence N85°18'52"W,122.64 feet along the north right-of-way line of East Fairview Avenue to it SA inch rebar; Thence N89D59'29"W, 217.51 feet along the north right-of-way line of East Fairview Avenue to a 5/8 inch rebar, . Thence N57°25'03"W,129.24 feet along -the north right-of-way line of East Fairview Avenue to a brass cap on the east right-of-way line of North Eagle Read; Thence N00010'43"E, 657.35 feet along the east right-of-way line of North Eagle Road to a brass cap; Thence N02006'43"W, 250.20 feet along the east right-of-way line ofNosth Eagle 'Road to a brass cap; Page 1 of 2 i New Parcel 1 b continued... Thence N00°10'43"E, 27219 feat along the east right-of-way line of North Eagle Road to a 5/8.inch mbar on the south line of the north half of the west half of the southwest quarter Thence N00°10'43"E, 48.74 feet alongthe east right-of-way.line of North Eagle Road;. Thence S89.49' 1 T'E, 1344.14 feet; Thence 16.69 feet on anon -tangent curve to the left, concave easterly, having a radius of 488.33 feet, a central angle of 1°5T31", a chord bearing of S43041'33"E; and a chord length of 16.69 feet; Thence S44°40'18"E, 649.89 feet; Thence 118.21 fear = a curve to the right,• having a radius of 511.67 feet, a central angle of 13°14' 13", a chord bearing of S38°03' 12"E, and a chord length of 117.93 . feet; Thence N89059'29"W,13.73 feet; Thence 281.58 feet on a non -tangent curve to the right, concave westerly, having a radius of 500.00 feet, a central angle of 32°15'•58"; a chord bearing of S16007'22E, and.a chord length of277.87 feet; . Thence S00060'37"W, 475.04 feet to the POINT OF BEGINNING. The above -described parcel contains 53.94 acres, more or less., Subject to any existing easements or rights -of --way of record orapparent. • yir%�` to � • o/ 9 - I qEL S. Page:2'of 2 0 e 3 e N i N C. EXHIBIT B l . General and Special Taxes for the year 2008, an accruing lien not due or payable until the fourth Monday in November 2008 when the bills are issued, the first half of which is not delinquent until after December 20, 2008. 2. General Taxes which may be assessed and extended on any "subsequent' or "occupancy" tax roll, which may escape assessment of the regular tax roll; which are a lien not yet due or payable. 3. Liens, levies and assessments by Nampa -Meridian Irrigation District, of which are paid current. 4. Except mineral or water rights, claims or title to mineral or water. 5. Rights, rights of way, reservations and exceptions in the patent recorded in Book 5 of Patents, Page 18. 6. Covenants, conditions, restrictions and easements contained in the Deed to the State of Idaho, conveying a portion of the property adjoining. Recorded: July 28, 1955, as Instrument No. 380667. 7. Agreement upon the terms, conditions and provisions contained therein: Dated: Parties: NAMPA & MERIDIAN IRRIGATION DISTRICT & MORRISON KNUDSEN COMPANY Recorded: April 5, 1973 Instrument No.: 841610 8. Easement, including terms and provisions contained therein: Recording Information: 8026154 In Favor of: IDAHO POWER COMPANY For: power lines 9. Easement, including terms and provisions contained therein: Recording Information: 95030008 In Favor of: IDAHO POWER COMPANY For: power lines 10. Covenants, conditions, restrictions and easements contained in the Deed to the State of Idaho, conveying a portion of the property adjoining. Recorded: May 25, 1995, as Instrument No. 95035388 0 11. License Agreement upon the terms, conditions and provisions contained therein: Dated: August 5, 1996 Parties: NAMPA & MERIDIAN IRRIGATION DISTRICT & INTERMOUNTAIN GAS COMPANY Recorded: August 9, 1996 Instrument No.: 96066964 12. Easement, including terms and provisions contained therein: Recording Information: 7749046 In Favor of: IDAHO POWER COMPANY For: power lines 13. Matters that would be shown by an accurate survey of the Property. 1,:tClients\CenterCallMeridianTJeiner Contract\Sellets Warranty Deed Exhibit B (072108).doc 2 C�