HomeMy WebLinkAboutDeed V1APN: 51117438451
AFTER RECORDING RETURN TO AND
MAIL STATEMENT TO:
MB Overland Wells, LLC
Attn: Ari Steinberg
7301 Peak Drive, Suite 150B
Las Vegas, Nevada 89128
ADA COUNTY RECORDER Phil McGrane 2021-105900
BOISE IDAHO Pgs=6 CHE FOWLER 07/14/2021 01:02 PM
FNTG NCS (LAS VEGAS) $15.00
Space Above This Line for Recorder's Use Only
SPECIAL WARRANTY DEED
WINCO FOODS, LLC, a Delaware limited liability company ("Grantor"), in
consideration of the sum of Ten Dollars and other good and valuable consideration, in hand paid,
hereby sells, transfers, conveys and warrants against all claiming by, through or under Grantor, to
MB OVERLAND WELLS, LLC, a Nevada limited liability company ("Grantee"), whose
address is 7301 Peak Drive, Ste. 15013, Las Vegas, Nevada, 89128, the following real property
situated in Ada County, State of Idaho:
See Exhibit A attached hereto and incorporated herein by reference.
Grantor, for Grantor's heirs, hereby covenants with and to Grantee and Grantee's heirs and
assigns that Grantor is lawfully seised in fee simple of the described Property; that Grantor has the
right and authority to convey said Property to Grantee; that the described Property is free from all
encumbrances, except those shown on Exhibit B attached hereto ("Permitted Exceptions"); that
Grantor and Grantor's heirs will forever warrant the quiet and peaceable possession of such
Property and will defend Grantee and Grantee's heirs and assigns, against any and all persons
lawfully claiming the Property or any part thereof.
[Signature on next page]
IN WITNESS WHEREOF, Grantor has executed this instrument this day of
`75-0l , 2021.
STATE OF IDAHO )
ss.
COUNTY OF ADA )
GRANTOR:
WINCO FOODS, LLC
Its: (- Fo
On this I3 day of %) l , 2021, before me, the undersigned notary public
for said state, personally appeared Davia M. Butler, known to me to be the CFO of WinCo Foods, LLC, a
Delaware limited liability company, the person whose name is subscribed to the foregoing instrument, and
acknowledged to me that he executed the same on behalf of said limited liability company.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year in this certificate first above written.
Kendra Smith
NOTARY PUBLIC in and for the State
of Idaho, residing at Boise
My commission expires September 28, 2023
A parcel of land located odom 17. Township 3
North, Range 1 East, Boise Merklian, Meridian, Ada County, Idaho, being more
particularly described as follows:
Commencing at the $114 corner of said Section 17 from which the SE comer of
said Section 17 bears North 8944;60V'East. 2656.88 feet',
-thence North 00*24V511 East;, 45,00 feet to the SE comer & Destination Ptace
Subdfvl!Mon filed in:Book 93 of Flats at Pages 11190 through 11192, records of Ada
County, Idaho said point also: being on the North Tight -of-" line of E., Overland
Road;
thence along said North right-of-way line the following 4 c"rses; and distances,
thence North SW46'00" East, 597,70 feet, -
thence North 453334 East, 2&68 feet;
thence North WMVEast, 11, 58 feet;
thence North 89sS71 East 71-96 feet to the REAL POINT OF BEGINNING:
thence leaving said North right-ofway line North it East 1134,59 feel
to a point on the southerly right-of-way fineof Interstate 84',
thence along said southerly right-of-way line the following 2 courses and
distances,
thence 633.16 feetalong the arc of a non4angent curve to; the right, said curve
bay'" a radius Of 1,809,86 feet, a central angle of 20P0239" and a tong chord of
629.93 foal which bears South 74*WW East;
Overland Way Subdivision filed in Book 46 of Plats at Pages 3798 and 3799, records
of Ada County, Idaho*,:
thence along said North right -cif -way line the following 4 courses and distances:
thence South. 8T46VO' Wast, 600.41 feet
thence North 4103a26' West, 29. 30 feet-,
thence North 00'1'24'06' East, 919 feeL
thence South 89659*57'West, 18,04 feet to the REAL POINT OF
Containing 15.875 acres, more or less.
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage, and the Company will not pay costs, attorney's fees,
or expenses that arise by reason of:
1. Intentionally deleted.
2. Intentionally deleted.
3. Intentionally deleted.
4. Intentionally deleted.
5. Intentionally deleted.
6. Water rights or easements appurtenant to water rights, claims or title to water, whether or not
the matters excepted are shown by the public records.
7. Intentionally deleted.
8. Taxes, including any assessments collected therewith, for the year 2021 which are a lien not yet due
and payable.
9. Special assessments, if any, for the City of Meridian.
10. Levies and assessments of the Nampa Meridian Irrigation District, and the rights, powers and
easements of said district as by law provided.
11. Intentionally deleted.
12. Right of the public in and to that portion of the premises lying within the right-of-way of Overland
Road.
13. An easement for the purpose shown below and rights incidental thereto as set forth in document:
Granted To: Idaho Power Company
Purpose: Public Utilities
Recorded: January 2, 1980
Instrument No.: 8000128
14. An easement for the purpose shown below and rights incidental thereto as set forth in a docu vent:
Granted To: Idaho Transportation Board for the Division of Highways
Purpose: Easement
Recorded: January 29, 1988
Instrument No.: 8804516
15. Intentionally deleted.
16. An easement for the purpose shown below and rights incidental thereto as set forth in document:
Granted To: Idaho Power Company
Purpose: Public Utilities
Recorded: February 21,2002
Instrument No.: 102021025
17. Agreement and the teens and conditions contained therein
Between: Ronald W. Van Auker, a married man
And: Ada County Highway District
Purpose: Permanent Slope Easement Agreement
Recorded: November 8, 2002
Instrument No.: 102131546
18. Intentionally deleted.
19. An easement for the purpose shown below and rights incidental thereto as set forth in a document:
Granted To: Integra Telecom Holdings, Inc., by and through its wholly owned subsidiary, Electric
Lightwave, LLC
Purpose: Communications System Easement
Recorded: August 24, 2010
Instrument No.: 110078393
20. Intentionally deleted.
21. Agreement and the terms and conditions contained therein
Between: City of Meridian
And: Volante Investments
Purpose: Development Agreement
Recorded: July 7, 2018
Instrument No.: 2016-060157
22. Unrecorded leaseholds, if any, and the rights of vendors and holders of security interest in personal
property of tenants to remove said personal property at the expiration of the term.
23. Reservations and exceptions in the United States Patent, and in the act authorizing the issuance
thereof.
Recorded: June 1, 1896.
Book: 3 at Page: 372
Official Records: Ada County,
24. Rights, interests or claims which may exist or arise by reason of the following fact(s) shown on a
survey plat entitled ALTA/NSPS Land Title Survey Mazel Bros., LLC
Dated: June 18, 2021
Prepared by: The Land Group
Project No.: 120124
Fact(s):
a.) Fence lines do not define boundary lines of the Land.
b.) Irrigation Field Ditches throughout property and generally run along the Southerly, Easterly and
Northerly boundaries of the Land.
c.) Irrigation Ditch lies outside of easement in the Northwesterly portion of the Land.
d.) Gravity Irrigation Line in Northeasterly corner of the Land.
e.) Gravel field road running along Easterly and Northerly boundaries of the Land.
f.) Natural Gas and Underground Telephone lines running along the Southerly boundary of the Land.
g.) Water Line, Underground Power Line and Sanitary Sewer Line cross the Southerly boundary of
the Land.
Note: Subject to Disclaimer of Interest from WinCo Foods, LLC dated June 24, 2021, as provided to
MB Overland Wells, LLC and on file with the Company
25. Intentionally deleted.
26. Cross -Access Easement and Restriction Agreement and the terms and conditions contained therein
Between: Winco Foods, LLC, a Delaware limited liability company
And: MB Overland Wells, LLC, a Nevada limited liability company
Recorded: XX/XX/2021
Instrument No.: 2021-105861
27. Site Development Agreement and the terms and conditions contained therein
Between: Winco Foods, LLC, a Delaware limited liability company
And: MB Overland Wells, LLC, a Nevada limited liability company
Disclosed by: Memorandum of Site Development Agreement
Recorded: XX/XX/2021
Instrument No.: 2021-105862
END OF SCHEDULE B