HomeMy WebLinkAboutAFFIDAVIT OF LEGAL INTEREST - 2100 S. SILVERSTONE WAY V1APPROVED
DAT 02/28/22
ADA COUNTY RECORDER Christopher D. Rich AMOUNT 19.00 4
BOISE IDAHO 08/13/2013 09:54 AM
DEPUTY Bonnie Oberbilligllllll IIII IIIIIIIIII IIII IIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIII
SimpliFile Electronic Recording
RECORDED -REQUEST OF
CROWN CASTLE USA 113092355
MEMORANDUM OF MASTER PREPAID LEASE
AND MANAGEMENT AGREEMENT
Recording Requested by and Return to:
Crown Castle
1220 Augusta Drive
Houston, TX 77057
Attention: PEP
Phone: 713-570-3118
Grantor/ Lessor / "T-Mobile Lessor"
Document Prepared by:
Matt Barnes
Burr & Forman LLP
20 North 20th Street, Suite 3400
Birmingham, AL 35203
Phone: 205-458-5120
T-Mobile West Tower LLC, a Delaware limited liability company
with an address of 12920 S.E. 38'h Street, Bellevue, WA 98006
By CCTMO LLC, a Delaware limited liability company, its Attorney in Fact
NOTE: Limited Power of Attorney, dated November 12, 2012, recorded on 6/18/2013
at Instrument Number E 113067678, of the official records of Ada County, ID
Grantee / Lessee / "Crown"
CCTMO LLC, a Delaware limited liability company,
with an address of 1220 Augusta Drive, Houston TX 77057
822731 Ada ID
Ilabama
Prepared Out of State By:
APPROVED ones, Esq.
02/28/22 LLP
'" E Street, Suite 3400
%UtIB_eA2G22 = 35203
After Recording Return To:
Old Republic Residential Information Services
530 S. Main Street, Suite 1031
Akron, Ohio 44311
Attention:
Cross Reference to:
MEMORANDUM OF MASTER PREPAID LEASE
AND MANAGEMENT AGREEMENT
THIS MEMORANDUM OF MASTER P PID LEASE AND MANAGEMENT
AGREEMENT (this "Memorandum") is made this day of A JD
, 2013, by
and between T-MOBILE WEST TOWER LLC, a Delaware limited liability company ("T-
Mobile Lessor"), having a mailing address of 12920 S.E. 38th Street, Bellevue, Washington
98006, and CCTMO LLC, a Delaware limited liability company ("Crown"), having a mailing
address of 2000 Corporate Drive, Canonsburg, Pennsylvania 15317.
1. Sundance Investments Limited Partnership and VoiceStream PCS II Corporation
("Original T-Mobile Tenant") entered into that certain Site Lease With Option dated May 28,
2004, for certain real property as described on Exhibit A attached hereto and incorporated herein
by reference (the "Land").
2. T-Mobile Lessor and Crown are parties to (a) a Master Prepaid Lease (the "MPL")
and (b) a Management Agreement (the "MA"), each with an effective date of November 30,
2012, pursuant to which T-Mobile Lessor (as successor to Original T-Mobile Tenant) has
granted to Crown and Crown has accepted, either (y) a leasehold or sub -leasehold interest in the
Land, together with the telecommunications tower located thereon, and such other improvements
as more fully set forth in the MPL or the MA, as applicable (collectively, the "Site"), or (z) an
exclusive right to operate, manage and administer the Site, in either case, subject to the terms,
conditions and reservations in the MPL or the MA, as applicable.
3. The MPL and the MA each have a term that commenced on November 30, 2012 and
shall terminate or expire, with respect to the Site, on the Site Expiration Date or Technical
Closing Date, as applicable, and as determined in accordance with the MPL and the MA, but in
no event later than December 31, 2049.
4. Crown has an option to purchase T-Mobile Lessor's right, title and interest in the Site
in accordance with Section 20 of the MPL.
BU# 822731; Boise_Call_Center
2103708 v1
APPROVED
DAT 02/28/22
C;%Uld B;R'A-2G22 aI
CROWN:
CCTMO LLC,
a Delaware limited liability company
By: . ajt4V�
Name: Davi R. Moore
Its:
I
STATE OF )
1 S.S.
COUNTY )
I, ' <, a notary public, do hereby certify that on this --,) day of
, 200, ersonally appeared before me avf oo !e
who, 6ing by me first duly sworn, declared that he/she is the a of
CCTMO LLC, a Delaware limited liability companFtthat he/she signed the foregoing docifin&nt
as A < < -r of said limited liability company, and that the statements
therein contained are true. /
S
E
A
I. JFSAHFI TRUJILLO
"+ Nofory Public, State of Texas
N My Commission Expires
December 10, 2016
'2'tu52bi+T�'EPP >'i:d8°�Ef�'�kP.i� �
BU# 822731; Boise —Call —Center
otary Pu
My Commission Expires: 6
2103708 A
APPROVED
DAT 02/28/22
�IJ "'UMB;R:-
EXHIBIT "A"
Leased Premises
and
access and utility easements
An approximately 377 square foot portion of the following described real property, together with
easements for ingress, egress and utilities thereto:
Last 6 in. Block 2 of Silo=erstone Subdivision, according to the official Flat themof, filed
in Book 83 of Plats at Page(s) 9242 through 9246, Official Records of Ada County,
Idaho.
Being more particularly described as:
ACCESS EASEMENT DESCRIPTION
M
A parcel of land situated in Lot 6, Block 2, Sliverstone Subdivision bled in
Book 83 of Plats at Page 9244, in the Office of the Ada County Recorder, lying In the
West 1/2 of the NW 114'of Section 21, T.3N., RAE,, B.M., Boise, Idaho and more
particularly described as follows:
COMMENCING at the Southeast comer of said Lot 6 marked by an iron pin; thence
along the South line of said Lot 6,
North 891147'32" West, 10,51 feet to an iron pin; thence continuing along the
arc of a curve to the right having a radius of 273.00 feet, a central angle of 0200618"
a length of 10.03 feet and a long chord that bears
North 88044'24" West, 10.03 feet to the POINT OF EgGINNING: thence
continuing along the arc of a curve to the right having a radius of 273.00 fleet, a
central angle of 02037'41" and a length of 12.52 feet and a long chord that bears
North 861?22'25" West, 12.52 feet to a point; thence leaving said South line,
North 00°1817" East, 612.46 feet to a point; thence
North 44104143" West, 24.89 feet to a point; thence
North 03040'2Er East,163.00 feet to a point; thence
South 86054'39" East, 12.60 feet to a point; thence
South 031140128" West, 157.51 feet to a point*,' thence
South 4404.1'43" East, 24.45 feet to a point; thence
South 00018'17" West, 618.36 feet to the PQIN`T OF BEGINNING: '
Said Easement Contains 10,001 Square feet or 0.23 Acres, more or less.
BU# 822731; Boise_Call_Center A-1
2103709 A
APPROVED R RECORD AT REQUEST OF
DAT 02/28/22 N RECORDED RETURN TO:
j%UtIB;R'A-2G22 1 ireless
Tim: IN
ork Real Estate - M/S 231
15900 SE Eastgate Way
Bellevue, WA 98008
Space above this line is for Recorder's use.
Memorandum of Lease
Grantor: T-Mobile West Corporation, a Delaware Corporation
Grantee: Boise City MSA Limited Partnership d/b/a Verizon
Wireless
Legal Description: Ada County, State of Idaho
Official legal description as Exhibit A
Assessor's Tax Parcel ID#: 03-8 R7909770170
Reference # (if applicable): N/A
1
364512vI
1301 MAVERICK
1 /3/2007
E IDI� 11
APPROVED MEMORANDUM OF LEASE
,A:; 022822 s Memorandum of Lease is entered into on this day of JUL 3 2007 200
� j %UId B;R'A-2G22 1 _e
ween T-Mobile West Corporation, a Delaware Corporation, with an office at 2601 W.
Broadway Rd., Tempe, AZ 85282 (hereinafter referred to as "LESSOR") and Boise City MSA
Limited Partnership d/b/a Verizon Wireless, with an office at One Verizon Way, Basking Ridge,
New Jersey 07920 (hereinafter referred to as "LESSEE).'
LESSOR and LESSEE entered into a Lease Supplement on the day of
JUL 3 1 2007 20_, for the purpose of installing, operating and maintaining a radio
communications facility and other improvements. All of the foregoing are set forth in the Lease
Supplement.
2. The term of the Lease Supplement is for five (5) years commencing on
200, and ending on
with four (4)
successive five (5) year options to renew. If all options to renew are exercised, the term of this
Lease Supplement will expire twenty-five (25) years after the Commencement Date (as defined
in the Agreement).
3. The Land is described in Attachment 1 annexed hereto. That portion of the Land
being leased to LESSEE ("Premises) is described in Attachment 2 annexed hereto.
4. The original copy of this Lease Supplement is held at the LESSOR's and
LESSEE's addresses set forth above.
IN WITNESS WHEREOF, the parties have executed this Memorandum of Lease as of
the day and year first above written.
LESSOR: T-Mobile West Corporation,
a Delaware Corporation
By:
(Signature)
Name: Allan Tantillo
Title: National Systems Development Manager
Date: JUL 3 12007
364512vI
BOI MAVERICK
1 /3/2007
LESSEE: Boise City MSA Limited
Partnership
d/b/a Verizon Wireless
By Verizon Wireless (VAW) LLC,
Its General Partner
By:_ft
(Signature)
Name: Keith A. Surratt
Title: West Area Vice President - Network
Date:
2
APPROVED
DAT 02/28/22
C; %Uld B;R' A-2G22 1
LESSOR ACKNOWLEDGEMENT
ss.
COUNTY OF
On this day of JUL 3 1 2007 , 20_, before me, a Notary Public in and
for the State of1/04aun , personally appeared
personally known to me pep^Fevod to nw, en the basin of satin aet&r-�� e� denee) to be the person
who executed this instrument, on oath stated that l-SIre was authorized to execute the
instrument, and acknowledged it as the , jn,� of T-Mobile West
Corporation, a Delaware Corporation, to be the free and voluntary act and deed of said party
for the uses and purposes mentioned in the instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year
first above written.
NOTARY PfIBLIC in and for the State of WA,
residing at %C nc4
My appointment apires I -,3,3-ji
Print Name Erin Jackson
364512vI
BOI MAVERICK
1 /3/2007
E IDI� 11
APPROVED
DAT 02/28/22
C; %Uld B;R' A-2G22 1
LESSEE ACKNOWLEDGMENT
J) SS.
COUNTY OF �
On this ., ,vday of 20_; , before me, the undersigned, a Notary Public
in and for the State of Arizona, duly commissioned and sworn, personally appeared Keith A.
Surratt to me known to be an authorized representative of Verizon Wireless (VAW) LLC,
General Partner to Boise Citv MSA Limited Partnership d/b/a Verizon Wireless. the limited
liability company that executed the foregoing instrument, and acknowledged said instrument to
be the free and voluntary act and deed of Verizon Wireless (VAW) LLC, General Partner to
Boise City MSA Limited Partnership d/b/a Verizon Wireless, for the uses and purposes therein
mentioned, and on oath stated that He is authorized to execute the said instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
oebsowIC -- ARIZONA
COUNTY
ion Expires
r 24, 2010
364512vI
BOI MAVERICK
1 /3/2007
Print or Type Name jANE'T L OFFS
Notary Public in and for the State of
residing at IMARTCOPA COTTIg7Y
My appointment expires:-,
r
0
E IDI� 11
APPROVED
DAT 02/28/22
C; %Uld B;R' A-2G22 1
364512v1
BOI MAVERICK
1 /3/2007
ATTACHMENT "I"
LEGAL DESCRIPTION
APPROVED
)N: E. 02/28/22
SCE
ATTACHMENT 1
LEGAL DESCRIPTION OF PROPERTY
to the Supplement dated JUL 3 12007 200_, by and between T-Mobile West Corporation,
as LESSOR, and Boise City MSA Limited Partnership, d/b/a Verizon Wireless, as LESSEE.
A PARCEL OF LAND BEING A PORTION OF THE WEST HALF OF THE NORTHWEST QUARTER OF
SECTION 21, TOWNSRIP 3 NORTH, RANGE I EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO.
SAID PARCEL IS MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COKMENCING AT THE NORTHWEST CORNER OF 9AiD S1CTiON 21; THENCS
SOUTH 0 DEGREE 14'50" WRST 26S1.91 FRET ALONG THE SECTION LINE, BEING THE
CENTERLINE OF'SOUTH EAGLE ROAD TO A POUND IRON AXLE MARKING TUB WEST QUARTER CORNER
OF SAID SECTION 21, THENCE
SOUTH 89 DEGREES 07'33% EAST 25.00 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF
SOUTH LACLE ROAD SAID POINT BEING THE POINT OF BEGINNING; THENCE ALONG SAID WEST
RIGHT OF WAY LINE
NORTH 00 DEGREE 14'50" EAST .809.39 FEET; THENCE LEAVING SAID WEST RIGHT OF WAY
LINE
SOUTH 89 DEGREES 45'104 EAST 349.67 FEET; THENCE
NORTH 00 DEGREE 14'50" EAST 9S7.44 FEET; THENCE
SOUTH 89 DEGREES 45'104 EAST 201.61 FEET; THENCE
NORTH 27 DEGREES 42125" EAST 191.34 FEET; THENCE
NORTH 00 DEGREE 14'50" EAST 612.20 FEET TO A POINT ON THE SOUTH RIGHT OF WAY LINE
OF WEST OVERLAND ROAD; THENCE ALONG SAID SOUTH RIGHT OF WAY LINE
SOUTH 69 DEGREES 13'S0" EAST S92.58 FEET TO A POINT ON THE EAST LINE OF SAID WEST
HALF OF THE NORTHWEST QUARTER: THENCE LEANING SAID SOUTH RIGHT OF WAY LINE
SOUTH 00 DROP= 23'16" WEST 2529.36 FEET ALONG SAID EAST LINE TO THE SOUTHEAST
CORNER OF SAID WEST HALF; THENCE
NORTH 99 DEGREES 07'33" WEST 130S.74 FEET ALONG THE SOUTH LINE OF SAID WEST HALF TO
THE POINT OF SEGINXIIM.
VoiceStream Site Reference: SL02113A / Boise Call Center 01/03/07; Page 4
Verizon Site Reference: SL02113A / BOI Maverick
E IDI� 11
APPROVED
DAT 02/28/22
C; %Uld B;R' A-2G22 1
364512vI
BOI MAVERICK
1 /3/2007
ATTACHMENT "2"
DESCRIPTION OF PREMISES
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