HomeMy WebLinkAboutAFFIDAVIT OF LEGAL INTEREST- 3100 E. FLORENCE ST. V1E ID>Z LAS,—
APPROVED MORANDUM OF FIRST AMENDMENT TO SITE LEASE WITH OPTION
NE 02/28122
orandum of First Amendment to Site Lease With Option is entered into as of the latter
date hereof, by and between D&K 3140 East Florence LLC, an Idaho limited liability
company, with an address of 7609 W Emerald St. Boise, ID 83704-9018 ("Landlord") and T-
Mobile West Tower LLC, a Delaware limited liability company, by and through its Attorney In
Fact, CCTMO LLC, a Delaware limited liability company. with an address of at 2000 Corporate
Drive Canonsburg, PA 15317 ("Tenant").
1. Landlord's and Tenant's predecessors in interest entered into a Site Lease With Option,
dated June 1, 2007 (the "Lease") whereby Landlord leased certain real property, together with
access and easements, to Tenant (the "Premises") all located within certain real property owned
by Landlord located at 3100 E Florence Street, Meridian, ID 83642 (the "Landlord's
Property"). All of the foregoing are set forth in the Lease.
2. Landlord and Tenant have entered into a First Amendment to Site Lease With Option (the
"First Amendment"), of which this is a Memorandum, wherein the Premises was expanded. A
description of the Premises, as expanded, is attached hereto as Exhibit A.
3. The terms, covenants and provisions of the First Amendment shall extend to and be
binding upon the respective executors, administrators, heirs, successors and assigns of Landlord
and Tenant.
4. The original copy of the Lease and the First Amendment to Site Lease With Option is
held at the Landlord's and Tenant's addresses set forth above.
IN WITNESS WHEREOF, the Parties have executed this Memorandum of First
Amendment To Site Lease With Option as of the date(s) written below.
D&K 3140 East Florence LLC, an Idaho
limited liability company
By: -
Printed Name: A G
Title:
Date: I Z-/ Y / 7-�D t
TENANT:
T-Mobile West Tower LLC, a Delaware
limited liability company
By: CCTMO LLC, a Delaware limited
liability company
Its Attorney in Z
By. i^
Printed Name: irk �Ycis Pv
Title: '-17i s4,,' c f �Anotot -ey-
Date: 1 Z
�.55 is
BUN 825952 Paget of2
Site Name: Meridian Retail
<✓ � � E ID>Z LAS,—
APPROVED
N-E 02/28/22
OFIDAHO
COUNTY OF
ACKNOWLEDGEMENT
)
SS.
I, a notary public, do he 6y certify that on this _ day of
2014, personally appeared before me , who,
being by me first duty sworn, declared that s/he is the of D&K 3140 East
Florence LLC, that s/he signed the foregoing do c ent as of the limited liability
company, and that the statements therein cont tied are true.
IN WITNESS WHEREOF, I hereunt so et my hand and official seal.
Date:
Notary Public
Title of office:
My appointment expires:
ACKNOWLEDGEMENT
Stamp (if
STATE OF WASHINGTON )
SS.
COUNTY OF KING )
I certify that 1 know or have satisfactory evidence that 40�— is the
person who appeared before me, and said person acknowledged that s/he signed this instrument, on oath
stated that /she was authorized to execute the instrument and acknowledged it as the
MLT PA04(type of authority, e.g., officer, trustee, etc.) of CCTMO, LLC to be the
free and voluntary act of such party for the uses and purposes mentioned in the instrument.
IN WITNESS WHEREOF, I hereunto set my hand and official seal. Date: 12 0� Z0)
AN ''"
Qstoh,'QS'-, Notary Public
Stamp(ifrequired): —�,?oT�Q�'s�2
9J % e
��uH��`8��ya
o.IWASN`�
BUN 825952
Site Name: Meridian Retail
Title of office: M K03Tt?1 'C X-� Sr., 00eVISZ; C
My appointment expires: W' L%` 9" i')-
Page 2 of 2
h�(E IDIZ LAS,-
APPROVED RNIA ALL-PURPOSE ACKNOWLEDGMENT CIvrL CODE § 1189
N-E 02/28/22
of California
County of `R/V,5nAA ,
On �e�• Y ZZ4 before me, U• j%h-1L5 Z4PeZ /yD � �cJ�UG
Dot �qq __ � %% Here Insert N me and Title of ih fficer
personally appeared l� F. W41 6N
Nama(s) of Signer(s)
D. JANE LOPEZ
Commission # 1927739
i' a Notary Public - California z
z , Riverside County n
My Comm. Expires Mar 5. 2015
who proved to me on the basis of satisfaclory
evidence to be the person( whose name() Oare
subscribed to the within instrument and acknowledged
to me that 1&she/they executed the same in
is er/their authorized capacity(io), and that by
her/their signature( on the instrument the
person(, or the entity upon behalf of which the
person(, acted, executed the instrument.
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand andofficial seal.
Signature: -ja,?
Place Notary Seal Above Signature No Pu 'ic
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document Title or Type of Document: 14r)0,11 i"/i:�1 iU 2, i"$ je?Vr W22,,,_/
Document Date: Zfx.&/ f Number of Pages: 19
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: 1 -. &Ak,,�
❑ Corporate Officer - Title(s):
Pr Individual hollow
❑ Partner - ❑ Limited ❑ General TOP or thumb here
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Signer's Name:
❑ Corporate Officer - Title(s):
❑ Individual
❑ Partner - ❑ Limited ❑ General Top or thutnb here
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
0 2010 National Notary Association • NationalNotary org • 1 800-US NOTARY (1-800-876-6827) Item #5907
�ilellot I.a�,�
APPROVED
EXHIBIT A
DESCRIPTION OF PREMISES
See Attached Drawings
BUN 825952
Site Name: Meridian Retail
Allj
, �JE ID$ I:1S,—
APPROVED
,- E. 021-22
LE
SURVEYOR'S NOTES
I SURVEYOR DOES NOT GUARANTEE THAT ALL
UTILITIES ARE SHOWN OR THEIR LOCATIONS ARE
SCANITE. IT IS THE RESPONSIBILITY OF THE
CONTRACTOR AND OEVELOPER TO CONTACT ANY
:u VOLVEO AGENCIES TO LOCATE ALL UTILITIES PRIOR
CONSTRUCTION. REMOVAL, RELOCATION ANO/ OR
REPLACEMENT IS THE RESPONSIBIUTY OF THE
CONTRACTOR.
2. BUILDING SETBACK ONES, ZONING FLOOD AREA
ZONES. AND ADDRESSES THAT MAY BE SHORN ARE
SUPPUEO BY THE GOVERNING AGENCY OR TAKEN AR
THE BEST AVAILABLE RECORDS. THE SURVEYOR W-L
NOT ACCEPT FESPONSIBUTY FO,R THE ACCURACY C
ANY INFORMATION SUPPLIED BY OTHERS.
3. THE DESCRIPTION OF PROPERTY BOUNDARIES AN
EASEMENTS SHOWN HEREON, REPRESENT THAT
INFORMATION PROVIDED IN COMMITIAENT FOR TITLE
INSURANCE ORDER ,0. CRC-WIC-3-16-C, PREPARE
BY FIDELITY NATIONAL TITLE IN NCE CCMPANY.
DATED DUNE 16, IDA14 AN NFORMATON SWHO
MAY H
FROM THE CONTENTS OF THE REPD.RT(S)
NOTED ABOVE, REPRESENTS INFORMATION AND
MEASUREMENTS F0110 DURING THE C—SE OF THE
SURVEY
BEARINGS SHOWN HEREON ARE BASED UPON TH
PLAT OF AMMO, PROPERTIED, BOOT( 89 AT PAGE
10228 - 1OZ30 OF THE OFFIOAL RECORDS.
5. THIS PROJECT APPEARS TO BE LOCATED WITHIN
FL000 ZONE "X" AREAS OF 0.2% ANNUAL CHANCE
FLOOD; AREAS OF 1% ANNUAL CHANCE FLOOD WIM
AVERAGE DEPTHS OF LESS MAN I FOOT OR WIM
DRAINAGE AREAS LESS THAN I SQUARE MILE; AND
AREAS PROTECTED BY LEVEES FROM 1% ANNUAL
CHANCE FLOOD. AREAS OETERVINEO TO BE OUTSIOE
0,2% ANNUAL CPANCE FLOODPLAIN. ACCORDING TO
INSURANCE RATE MAP(S), COMMUNITY PANEL 10, 25
LEGEND
P O.C. POINT OF COMMENCEMENT
P.O.B. POINT OF 6EGIN:vING
TO P O.T. POINT OF TERMINUS
BLDG TOP OF BUILDING
P ASPHALT
D/ ACCESS DRIVEWAY
CMU CONCRETE MASONRY UNIT
OM EP EDGE OF PAVEMENT
CGNC CONCRETE
F EO EQUIPMENT
BOL BDLLARD
G ESMT EASEMENT
SVI SIDEWALK
0 CDO FOUND PROP. COR. AS SHOWN
�( ARE YORANT
H
GO WATER CONTROL VALVE
d GAS METER
11 LIGHT POLE
E SPOT ELEVATION
LIMITS OF LESSOR'S
PROPERTY
THE 0 DECIDUCUS TREE
OF 875, MAP NO. 160OICO251H, DATED FEBRUARY 19,
200],
6. PROJECT ELEVATIONS ESTABLISHED FROM GPS
DERIVED ORTHOMETRIC HEIGHTS BY APPLICATION OF NOR
'GEOID 12A MODELED SEPARATONS TO ELLIP501D
CHTS DETERMINED BY RAW STATIC GPS DATA
PROCESSED ON THE NGS OR U 5-WEBSITE. ALL
ELEVATIONS SHOWN HEREON ARE REFERENCED TO THE
N AVOBB DATUM.
Z. THE PURPOSE OF TITS SURVEY IS TO ESTABLISH
OR DETERMINE A CROWN CASTLE LEASE PARCEL k
ASSOCIATED EASEMENTS. THE BOUNDARY SHORN
HEREON IS PLOTTED FROM RECORD INFORMAION
PROVIDED BY TIRE AND DOES NOT CONSTITUTE A
BOUNDARY SURVEY OF THE PROPER IY.
E. FNRMEW AVE
s rE
�
E. PINE AVE
E.-TkANKUN AME
Y
DIRECTIONS TO SITE
(FROM AIRPORT-BOISE AR TERMINAL, 8015E, 10.)
GO WEST ON W AIRPORT WAY; STAY STRAIGHT
ONTO S. RICKENBACKER ST; TURN RIGHT ONTO 5,
LUKE 5T; M N LEFT ONTO W WRIGHT ST, TURN
RIGHT ONTO S. ORCHARD ST. TURN LEFT AT
ONRAMP TO 1-84 AND MERGE ONTO I-84/US-30 W.
TOWARD NAMPA/CALOWELL; TAKE EXIT 46 ONTO
10-55 TOWARD EAGLE/MCCALL; TURN RIGHT ONTO
5.EAGLE TO
(AKA I0-55). TURN LEFT ON E.
FLORENCE DR. DESTINATION WILL BE ON THE RIGHT.
SURVEY DATE
07/01/2014
CERTIFICATION
ALL VISIB" SITE RELATED IMPROVEMENTS ARE
CONTANED WITHIN THE OVERALL LEASE AREA.
CER TFIEO T0:
CROVM CASTLE
FIDELITY NA TONAL TITLE INSURANCE COMPANY
WLLIAM C. STAMPA00S, PLS. #9950 DATE
Ljo
rs�a�„
mm
E ID>Z LAS,—
APPROVED
N-E. 02"28 zz
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35NNLIry EASEMENT
E. JEWEL STREET \ \� P. 1. OE aM!nOx
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$I REED N ON
N EASEM_NT AS NOI01 ®
I I BAH HHOTN ON THE PUT / ! ON IxE Plfi OE nMMO;
tlP AdP10N PROPfRTIZ9, BDOH B9 A{' 12 E41 9K. H9
KrD SiOAM RRUN PAGE9 1U229-102U0) nIPG9. 1U22B-102. mu
WEMENT, INSIfl0MEN1 ss° aot
xa. 1010112fi1 \ �- � —c �[—
\ �[5 ns oNBB'x51'OISIV
A=k.00 L=41.!2 N9Ctl0'c0' PO.H. E. FLORENCE STREET
ACCESS FSAU fl=b00 L=4I12 s9U'D000' � u.n • u n LJ
h��E ID>Z LAS,—
APPROVED
\ \ W Y F
07/14/14—
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S6LWSOHG 89 50. R. LEASE AGD
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1 I mSURVEY DETAIL
ILr
hIIIE IDZ CAS,-
APPROVED
N-E. 02r28H22
)_ESSOR'S LEGAL DESCRIPTION
ACCESS EASEMENT LEGAL DESCRIPTION
^ /��3xd.�
THE LAND REFERRED TO HEREIN BELOW IS SITUATED Iry ME
A PORTION OF LOi5 1, 2 AND 3IN BLOCK OF AMMON PROPERTIES SUBDIVISION, ACCORDING. TO
IUUUI!!!///// 1'i� �L
COUNTY OF ADA, STATE OF IDAHO. AND IS DESCRIBED AS
FOLLOWS.
THE PLAT THEREOF, FILED IN BOOK 89 OF PLATS AT PAGES 10228-10230, RECORDS OF ADA
COUNTY, IDAHO. DESCRIBED AS FOLLOWS:
�^a,
LOTS 1, 2 AND 3 IN BLOCK OF AMMON PROPERTIES SUBDIVSION,
ACCORDING TO THE PLAT THEREOF, FILED BOOK OF PLATS
PLAT
A 1240 FOOT STRIP OF LAND LTING 6.00 FEET EACH SIDE OF ME FOLLOWING DESCRIBED LINE:
AT PAGES 10228-t I
RECORDS OF ADP COUNTY, IOANO.
A
BEGINNING AT A POINT ON THE NORM RIGHT-OF-WAY MARGIN OF EAST FLORENCE STREET AND
THIS BEING THE SAME PROPERTY CONVEYED TO DYK 3140 EAST
FLORENCE LLC, AN IDAHO LIMITED
BEING ME SOUTHEAST CORNER OF SAID LOT 3;
THENCE ALONG THE EAST LINE OF SAID LOT 3 ME FOLLOWING SIX (6) COURSES:
UASIUTY COMPANY FROM COMMUNITY PROPER TI ES/AMM ON, LUG.
1) NORTH 00'000O- EAST, A DISTANCE OF 32.25 FEET;
N IDAHO LIMITED LIABILITY COMPANY IN A DEED DATED OCTOBER
2) NORTH 90'00'00" EAST. A DISTANCE OF 43.6] FEET;
D�/1a/1a
31, zao6 AND REccreocD DECEMecre 16, zolz As IrvsrreuMENr
N0. 112136262; AS AFFECTED BY CORRECBVE DEED RECORDED
AS INSTRUMENT N0. 113091535.
4) NORTH 00'0334 EAST, A DISTANCE OF 92.41 FEET;
NORM }4'S3'34' EAST p DISTANCE OF 57.31 FEET TO THE COMMON CORNER OF SAID LOTS
� 2 AND 3,
EXISTING LEASE AREA LEGAL DESCRIPTION
5) NORTH 4B'33'OB" WEST A DISTANCE IF 19.90 FEET;
6) NORM DO DO EAST A DISTANCE OF 90.00 FEET;
A PORTION OF LOT 3 IN BLOCK OF AMMON PROPERTES
THENCE LEAMNG SAID EAST LINE. NORM 90'DO'OD" III A DISTANCE OF 9].3] FEET TO ME
SUBDIVISION, ACCORDING TO ME PLAT THEREOF, FILED IN BOOK
B9 OF PLATS AT PAGES 10228-10230, RECORDS OF AEA
TMRMINUS OF SAID DESCRIBED CENTERLINE.
COUNTY, 10 AHD. BEAS FOLLOWS:
E SIDELINES OF SAID EASEMENT ARE LENGTHENED OR SHORTENED TO CREATE A CONTINUOUS
EASEMENT FROM THE SOUTH LINE OF SAID LOTS 1 AND } AND ME WE57RLY FACE OF AN
TH
COMMENCING AT A POINT ON E EASTERLY FIGHT -OF -WAY
ENCLOSURE FOR CELLULAR AND TRASH AREAS.
MARGIN OF NORTH OLIVE AVENUE AND BEING ME NORTHWEST
roRNER sA10 LOT }:
NEW LEASE AREA LEGAL DESCRIPTION
3 of
of
HENCE LONG NORTH LINE OF SAID LOT J. NORM 59"34 'Ofi"
A RDrenoN of LOT Iry BLocK aMMOn PROPIRncs sueorv!sON. AccoRDwc TO ME PLAT
TH ERECF, FILED IN BOCK 89 OF PLATS AT PAGES 10228-10230. RECORDS OF ADA COUNTY,
E
EAST E DISTANCE OF NORT7 39H FEET.
THENCE LEAVING Sao NORM LINE. SOUTH 3BEDIG 4` EAST. p
IOnFIO, DESCRIBED AS FOLLOWS:
DISTANCES OF 14.35 FEET TO ME POINT Of BEGINNING;
COMMENCING AT A POINT ON THE EASTERLY RIGHT-OF-WAY MARGIN OF NORTH OLIVE AVENUE
THENCE SDUTH 8]06 4S WESt A DISTANCE OF t0.25 FEET;
ME CE SOUi 02'S60 ESi A DISTANCE OF 8.67 FEE
AND BEING ME NORM WEST CORNER OF SAID 3 3;
THENCE ALONG ME NORTH LIKE OF SAID LOT 3, NORM 59'3406 EAST A DISTANCE OF 27.39
THENCE NORTH8]"0} 56WEST A DISTANCE OF 10.25 FEET,
HEEH
THENCE OR 02'S60 EAST A DISTANCE OF 8.67 FEE TO
THE PO 0 BEGIN G.
THENCE LEAVING SAD NORTH LINE,SOUTH 30'25'54 EAST A DISTANCE OF 1635 FEET;
THENCE SOUTH 8]03'5fi EAST A DISTANCE OF 10,25 FEET
CONTAINING 69 SQUARE FEET MORE OR LESS
_MENCE-SOUTH 02.56 04' WEST A DISTANCE OF 8,67 FEET TO THE POINT OF BEGINNING,
COMBINED LEASE AREA LF CAL DESCRiP TION THENCE CONTINUING SOUTH D'5604" WEST A DISTANCE OF 12.00 FEET.
A PORTION OG LOT 3 IN BLOCN OG AMMON PROPERTIES MINCE NORM 8]0356' WEST A DISTANCE OF 9.00 FEET;
SUBDIVISION, ACCORDING TO THE PLAT HEREOF, FILED IN BOOK THENCE NORTH G2'5604" EAST A DISTANCE OF 12,00 FEET;
89 OF PLATS AT PAGES 10228-10230. RECORDS OF ADA THENCE SOUTH 8]'03'56" EAST A DISTANCE OF AGO FEET TO THE POINT OF BEGINNING.
COUNTY, IDAHO, DESCRIBED AS FOLLOWS: CONTAINING 108 SQUARE FEET MORE OR LESS,
COMMENCING AT A POINT ON ME EASTERLY RIGHT-OF-WAY
MARGIN OF NORTH OLIVE AVENUE AND BEING ME NORTHWEST
CORNER OF SAID LOT 3;
THENCE ALONG THE NORTH LINE Of SAID LOT 3, NORM 59.3406
EAST A CISTANCE OF 27.39 FEET;
THENCE LEAVING SAID NORM LINE. SOUTH 302554" EAST, A
THENCE SOUTH 82'03'56" EAST A DISTANCE OF 10.25 FEET;
THENCE SOU iH 02'S6'Oh" WEST n DISTANCE OF 20.62 FEET,
THENCE NORTH 82'03'56' WEST A DISTANCE OF 9.00 FEET;
THENCE NORTH 02Sfi 04` EAST A DISTANCE OF 12.00 FEET;
MENGE NORTH II,:. Sfi WEST A DSTANCE OF 1,25 FEET;
THENCE NORTH 02.55 SO EAST A DISTANCE OF 8.67 FEET TO
THE POINT OF BEGINNING.
C ONTA!N;NG 197 SQUARE FEET MORE OR LESS.