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Home My WebLink AboutWarranty Deed V1A L�(E IDI� N— APPROVED RECORDED, MAIL TO: DA E. 04/25/22 SCE %U61 B: R' H-222 0- ADA COUNTY RECORDER Phil McGrane 2021-179588 BOISE IDAHO Pgs=10 HEATHER LUTHER 12/22/2021 03:25 PM FIRST AMERICAN TITLE AND ESCROW COMPANY $15.00 ELECTRONICALLY RECORDED - DO NOT REMOVE THE COUNTY STAMPED FIRST PAGE AS IT IS NOW INCORPORATED AS PART OF THE ORIGINAL DOCUMENT. 4- 3 8 b dV - SPECIAL WARRANTY. DEED In consideration of Ten and 00/100 Dollars ($10.00) and other good and valuable consideration, KARL KLEINER, as Trustee of KLEINER TRUST A, as to an undivided 12.5% interest; KARL KLEINER, as Trustee of KLEINER TRUST B, as to an undivided 12.5% interest; DAVID KLEINER, as Trustee of KLEINER TRUST C, as to an undivided 12.5% interest; DAVID KLEINER, as Trustee of KLEINER TRUST D, as to an undivided 12.5% interest; KAREN KLEINER, as Trustee of KLEINER TRUST E, as to an undivided 12.5% interest; KAREN KLEINER, as Trustee of KLEINER TRUST F, as to an undivided 1.2.5% interest; BRUCE KLEINER, as Trustee of KLEINER TRUST G, as to an undivided 12.5% interest; BRUCE KLEINER, as Trustee of KLEINER TRUST H, as to an undivided 12.5% interest (collectively, the "Grantors" and individually, each a "Grantor"), hereby grant and convey to DWT INVESTMENTS LLC, an Idaho limited liability company, and BVZ RECORDS VILLAGE, LLC, an. Idaho limited liability company, whose address is 2929 W. Navigator Drive, Suite 400, Meridian, Idaho 83642 (collectively, the "Grantee"), all of Grantors' fee interests in and to the real property located in Ada County, Idaho, and described in Exhibit A attached hereto and incorporated herein by this reference (the "Property"); TOGETHER with all easements, rights, and hereditaments appurtenant thereto and all improvements located thereon. SUBJECT TO any installments of taxes, levies and assessments that are not now due and payable; and any easements, reservations, covenants, conditions, restrictions, or other matters of public record or that would be apparent from an accurate survey or inspection of the land; the matters identified in Exhibit B attached hereto; and the terms, conditions and provisions of any instruments recorded concurrently with this deed with the Grantee's participation or consent. Each Grantor, for his or her self and for his or her respective successors in interest, does by these presents expressly limit the covenants of this Deed to those herein expressed, does hereby exclude all covenants arising or to arise by statutory or other implication, and does hereby covenant that against all persons whomsoever lawfully claiming by, through or under such Grantor, and not otherwise, such Grantor will warrant and defend his or her interest to the Property subject to the matters set forth above. 113017657.5 0040834-00011 1 APPROVED his Deed may be executed in two or more counterparts, all of which shall constitute but DAT 04/25/22 the same instrument, and the original signature pages from such counterparts may be ;u, a.R H 20zz Jed into a single document to facilitate the recordation of these presents. Each Grantor executes these presents solely in his or her capacity as trustee of certain trusts herein identified and any recourse under this instrument shall be confined to the assets of such trusts. { Signature Pages Follow} 113017657.5 0040834-00011 2 APPROVED IIN WITNESS WHEREOF, Grantors have executed this Special Warranty Deed to be DA 04/25/22 CE �e when recorded in the office of the Recorder of Ada County, Idaho. %U61B:R' H-2022 0- STATE OF COUNTY OF KIN GTON ) ss. KLEINER TRUST A By: Karl Kleiner, Trustee KLEINER TRUST B k� �le, nsz-., Karl Kleiner, Trustee I certify that I know have satisfactory evidence that KARL KLEINER is the person who appeared before me, and said p on acknowledged that he signed this instrument, on oath stated that he is authorized to execute the ' strument and acknowledged it as Trustee of the KLEINER TRUST A and KLEINER TRUST B, be the free and voluntary act of such party for the uses and purposes mentioned in this instrumen . Dated: Atu,, / 6 , 2021 Notary qKe (typed= Notary ubl> in and Residing at: My appointment exNp rinted): � f -"j A. F h q the State of Washington Z-l9�t 113017657.5 0040834-00011 3 E IDI� 11 APPROVED DAT 04/25/22 SCE %U61 B: R' H-222 0- OF WASHINGTON ss. COUNTY OF KING I certify that I know or have satisfactory evidence that KARL KLEINER is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he is authorized to execute the instrument and acknowledged it as Trustee of the KLEINER TRUST A and KLEINER TRUST B, to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. Dated: 2021 1NotaF name (typeu or prmteu): %Ippw m. Tiatw Notary'Public in and or the State of Washington Residing -at: My appointment expires: L - f Q - t S- APPROVED DAT 04/25/22 :IJ %UtIB: RH-222 0- J WITNESS WHEREOF, Grantors have executed this Special Warranty Deed to be when recorded in the office of the Recorder of Ada County, Idaho. STATE OF Texas ) ss. COUNTY OF Harris ) KLEINER TRUST C M_ David Kleiner, Trustee KLEINER TRUST D By: 'I ITI iei el avid einer, 'rustee I certify that I know or have satisfactory evidence that DAVID KLEINER is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he is authorized to execute the instrument and acknowledged it as Trustee of the KLEINER TRUST C and KLEINER TRUST D, to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. Dated: 12/17/2021 2021 paiYlq rylni/i/�� u G Ikome Chefor _. '� : • = ID NUMBER A'''p 132644968 COMMISSION EXPIRES l it t \1\��\ August 26, 2024 113017657.5 0040834-00011 l40 Notary name (typed or printed): I kome Chefor Notary Public in and for the State of Texas Residing at: N[lustrL TX My appointment expires: 08/26/2024 Notarized online using audio -video communication 4 APPROVED DA E. 04/25/22 CE %U61B:R' H-222 Doe WITNESS WHEREOF, Grantors have executed this Special Warranty Deed to be when recorded in the office of the Recorder of Ada County, Idaho. KLEINER TRUST E By:�,$� Karen Kleiner, Trustee KLEINER TRUST F By: l� Karen Kleiner, Trustee STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that KAREN KLEINER is the person who appeared before me, and said person acknowledged that she signed this instrument, on oath stated that she is authorized to execute the instrument and acknowledged it as Trustee of the KLEINER TRUST E and KLEINER TRUST F, to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. Dated: 119C • 16 , 2021 A FLAG r4i 4l�r�b 10N FIA 'PA OSAR 57150 ? (;A02 �yi UBL� i'` �SF AZ 4 1 1`0` WAO``\`.r f rt -�v Notary ame (t ped o printed): erw • Nota6 Public in an or the State of Washington Residing at: My appointment expires: T -19.2 f 113017657.5 0040834-00011 5 APPROVED DAT 04/25/22 SCE %U61 B: R' H-222 0- WITNESS WHEREOF, Grantors have executed this Special Warranty Deed to be vhen recorded in the office of the Recorder of Ada County, Idaho. KLEINER TRUST G By: Ktl— Bruce Kleiner, Trustee KLEINER TRUST H By: full— yj-y .' Bruce Kleiner, Trustee STATE OF NEW YORK ) ) ss. COUNTY 0F',11w-1 14 1 I certify that I know (or proved to me on the oath of gruca ltihw ) that BRUCE KLEINER is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he is authorized to execute the instrument and acknowledged it as Trustee of the KLEINER TRUST G and KLEINER TRUST H, to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. Dated: L r%_ .. , 2021 ... �. Notary name (typed or prmte Notary Public in and for the State of New York Residing at: i0 My appointment,exp�ires� SANDRA GUIFFRE NOTARY PUBLIC, STATE of NEWYORK Registration No. 0 1 GU6215063 Qualified in New York County ` Commission Expires Dee 21, 2021 n 113017657.5 0040834-00011 6 E IDI� 11 APPROVED DA E. 04/25/22 SCE %U61 B: R' H-222 0- PARCEL'3A: EXHIBIT A A PARCEL OF LAND SITUATED IN THE EAST HALF OF THE SOUTHWEST QUARTER OF SECTION .4, TOWNSHIP 3 NORTH, RANGE 1 EAST, 8OISE MERIDIAN, ADA COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:COMMENCING AT A BRASS CAP MARKING THE SOUTHWEST CORNER OF SECTION 4, TOWNSHIP 3 'NORTH, RANGE 1 EAST, BOISE MERIDIAN; THENCE SOUTH 89046'17" EAST, 2659.51 FEET ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER TO A 5/8 INCH REBAR MARKING THE SOUTH QUARTER -SECTION CORNER OF SECTION 4; THENCE NORTH 00°09'04' EAST, 55.26 FEET ALONG THE FAST LINE OF THE SOUTHWEST QUARTER TO A 5/8 INCH REBAR ON THE NORTH RIGHT OF WAY LINE OF FAST FAIRVIEW AVENUE, THE POINT OF BEGINNING; THENCE 'NORTH 89059'29" WEST, 636.20 FEET ALONG THE NORTH RIGHT OF WAY LINE OF EAST FAIRVIEW AVENUE; THENCE NORTH 00000'37" EAST, 475.04 FEET, THENCE 281.58 FEET ON A CURVE TO THE LEFT, HAVING A RADIUS OF 500.00 FEET, A CENTRAL ANGLE OF 32015'58", A CHORD BEARING OF NORTH 16007'22" WEST; AND A CHORD LENGTH OF 277.87 FEET, THENCE SOUTH 89059'29" EAST, 715.23 FEET TO THE FAST LINE OF THE SOUTHWEST QUARTER; THENCE SOUTH 00°0104" WEST, 741.97 FEET ALONG THE FAST LINE OF THE SOUTHWEST QUARTER TO THE POINT OF BEGINNING. LESS AND: EXCEPTING THEREFROM THAT CERTAIN PROPERTY CONVEYED TO ADA COUNTY HIGHWAY 'DISTRICT BY WARRANTY DEED RECORDED JANUARY 25, 2012, AS INSTRUMENT NO. 112007190 AND RE -RECORDED FEBRUARY 7, 2012, AS INSTRUMENT NO. 112011498, RECORDS OF ADA COUNTY, IDAHO. FURTHER LESS AND EXCEPTING THEREFROM THAT CERTAIN PROPERTY CONVEYED TO ADA COUNTY HIGHWAY DISTRICT BY WARRANTY DEED RECORDED JANUARY 25, 2012, AS INSTRUMENT NO. 112007195, RECORDS OF ADA COUNTY, IDAHO. FURTHER LESS AND EXCEPTING THAT PORTION CONVEYED TO ADA COUNTY HIGHWAY DISTRICT IN WARRANTY DEED RECORDED JULY '18, 2014, AS INSTRUMENT NO. 2014057232, RECORDS OF ADA COUNTY, IDAHO. TOGETHER WITH: Idaho Department of Water Resources Water Right No. 63-33657 Exhibit A 113017657.5 0040834-00011 E IDIAN - APPROVED DAT 04/25/22 :IJ %UtJB;R H 2022 0- EXHIBIT B fee, assessments or charges as may be levied by City of Meridian. Liens, levies and assessments by Nampa -Meridian Irrigation District. 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 Well Sharing, Water Supply and Easement Agreement and the terms and conditions thereof: Bebveen: David E. Kleiner, Trustee of The 20n8 Kleiner Family Trust dated March 4,2008 And: Euqene M. Kleiner and Micliael E. Muter as Co -Trustees of The .Julius M. Kleiner Memorial Park Trust dated April 5, 2007; and.Meridian CentercalL.L.C. Recording Information: 1118087272 Modification and/or amendment by instrument: Recording Information: 1.121.37357 Water Line Easement Agreement and the temis, and condition,,, thereof. Bet -weep: David E. Kleiner, Trustee of The 2008 Kleiner Family Trust dated March 4,2008 Arid: Meridian Centercal, L.L.C. Recording Information: 108087273 Development Agreement and the terms and conditions thereof: Behoveen: City of Meridian And: David E. Kleiner, Trustee of The 2008 Kleiner Family Trust dated March 4,2008 Recording infomiation: 109009630 Assignment of Development Rights and Declaration of Development Restriction, recorded December 28, 2012, as Instrument No. 112137358 Records of Ada County, Idaho. Easement, including terms and provisions contained therein: Recording Information: 112007191, In Favor of: Ada County Highway District For: permanent easement Easement, :Including terms and provisions contained therein: Recording Information: 112007194 .In Favor of: Ada County Hi ghwayDistrict For: permanent easement Exhibit B 1.13017657.5 0040834-00011 E IDIAN - APPROVED rrt Agreement and the terms and conditions thereof- DAT 04/25/22 Karl Kleiner, as Trustee of KLEINER TRUST A, as to an j 1 -2 0- undivided 12.5% interest, Karl Weiner, as Trustee of KLEINER TRUST B, as to an undivided 12.5% interest; !David Kleiner, as Trustee of KLEINER TRUST C, as to an undivided 12.5% interest, David Kleiner, as Trustee of KLEINER TRUST D, as to an undivided 12.50/D interest; Karen Kleiner, as Trustee of KLEINER TRUST E, as to an undivided 12.5% interest; Karen Kleiner, as Trustee of KLEINER TRUST F, as to an undivided 12.50/b interest; Bruce Kleiner, as Trustee of KLEINER TRUST G, as to an undivided 12.5% interest; Bruce Kleiner, as Trustee of KLEINER TRUST H, as to an undivided 12.51% interest And: Carmax Auto Superstores Wiest Coast, Inc. Recording Information: 112137356 Modification and/or amendment by instrument: Recording Information: 2014067559 Memorandum of Agreement and the terms and conditions thereof: Between: Kati Kleine-, as Trustee of KLEINER TRUST A, as to an undivided 12.5% interest; Karl Kleiner, as Trustee of KLEINER TRUST B, as to an undivided 12.5% interest; David Kleiner, as Trustee of KLEINER TRUST C, as to an undivided 12.5% interest; David Kleiner, as Trustee of KLEINER TRUST 1), as to an undivided 12.51% interest, Karen Kleinert as Trustee of KLEINER TRUST E, as to an undivided 12.5% interest; Karen Kleiner'.. as Trustee, of KLEINER TRUST F, as to an undivided 12.5% interest; Bruce Kleiner, as Trustee of KLEINER TRUST G, as to an undivided 12.5% interest., Bruce Kleiner, as Trustee of KLEINER TRUST H, as to an undivided 1.2.5% interest And: Carina x Auto Superstores West Coaq,,., Inc. Re,cordinq Information: 112137359 Easement, including terms and provisions contained therein: Recordinq Information: 2014057231 In Favor of: Ada County!Hiqliway District For: permanent easement Exhibit B 113017657.5 0040834-00011