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HomeMy WebLinkAboutWARRANTY DEED V1E IDI� I.AN— J ADA COUNTY RECORDER Phil McGrane 2021.084481 BOISE IDAHO Pgs=5 HEATHER LUTHER 05/28/2021 01:33 PM APPROVED TITLEONE BOISE $15.00 DAT 06/29/22 rdIng, return to: : C; %Uld B;RA-2G22 D081 aramount Square, LLC 5265 N. Larkwood Plaoe Meridian, Idaho 83642 Attn: Janalyn Kesler aiyIM7 SPECIAL WARRANTY DEED THIS SPECIAL WARRANTY DEED (this 'Deed') is from Brighton Development Inc., an Idaho corporation ("Grantor") to Kesler Paramount Square LLC, an Idaho limited liability company, whose address Is 5265 N. Larkwood Place, Meridian, Idaho 83642 (`Grantee'). NOW THEREFORE for Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Grantor hereby GRANTS, DELIVERS, SELLS AND CONVEYS to Grantee all of the real property described on Exhibit attached hereto together with all of Grantor's rights, title and interest In and to all improvements thereon and all rights, privileges, and hereditaments and appurtenances related or pertaining thereto (collectively, the 'Proper y'). TO HAVE AND TO HOLD said Property with their appurtenances unto said Grantee and the Grantee's successors and assigns forever. The Grantor does hereby warrant to said Grantee, that the Grantor has not created or permitted to be created any Ilan, charge or encumbrance against the Property except current years taxes, levies, and assessments and except U.S. Patent reservations, restrictions, easements of record, easements visible upon the premises and the exceptions described in Exhibit B attached hereto and made a part hereof by this reference; and that Grantor will warrant and defend the same forever from all claims arising by, through or under Grantor. THIS DEED SHALL BE BINDING upon and inure to the benefit of Grantor and Grantee and their respective successors, heirs, legal representatives, and assigns. EXECUTED TO BE EFFECTIVE AS OF THE low ._YL._ DAY OF MAY, 2021. BRIGHTON DEVELOPMENT INC. an Idaho corporatiml By: .-. '1// Robert lips, Chief Operating Officer STATE OF I DAHO ) ss COUNTY OF ADA ) On this b day of May, 2021, before me, the undersigned Notary Public in and for said State, personally appeared Robert L. Phillips, known or Identified to me to be the Chief Operating Officer of Brighton Development Inc., an Idaho corporation, and acknowledged to me that he executed the within instrument on behalf of said corporation, and that such corporation executed the same in said corporation's name. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. SHARIVAUGHAN Notary Public - State of Idaho Commission Number 20181002 My Commission Expires Jun 1, 2024 SPECIAL WARRANTY DEED — Page 1 Notary Public for Idah My commission expires la ` j 'g10 APPROVED DA EI 06/29/22 �IJ "'UMB;R:-zazz-0oei EXHIBIT A Legal Description Lot 5 in Block 2 of Paramount Square Subdivision, according to the official plat thereof, filed in Book 109 of Plats at Page(s) 15586,15587 and 15588, and amended by an Affidavit recorded May 10, 2018 as Instrument No. 2018-042414 and further amended by an Affidavit recorded June 7, 2018 as Instrument No. 2018-052556, records of Ada County, Idaho. Exhibit A APPROVED DA EI 06/29/22 SCE EXHIBIT B Permitted Exceptions 1. Reservations and exceptions in a United States Patent, and in the act authorizing the issuance thereof, recorded April 24,1 B91 in Book 2 of Patents, at Page 353, records of Ada County, Idaho. 2. Terms and provisions as contained in a Development Agreement. Recorded: August 14, 2003 Instrument No.:103137116, records of Ada County, Idaho; Terms and provisions contained in an Addendum to the Development Agreement. Recorded: October 25, 2007 Instrument No.:107145935, records of Ada County, Idaho; Terms and provisions contained in a First Amendment to Development Agreement. Recorded: September 26, 2008 Instrument No.:108108427, records of Ada County, Idaho; Terms and provisions contained in an Addendum to the Development Agreement. Recorded: July 24, 2013 Instrument No.:113083665, records of Ada County, Idaho; Terms and provisions contained in 2nd Addendum to the Development Agreement. Recorded: January 20, 2016 Instrument No.: 2016-005060, records of Ada County, Idaho; Terms and provisions contained in 3rd Addendum to the Development Agreement. Recorded: January 12, 2017 Instrument No.: 2017-003462, records of Ada County, Idaho; Terms and provisions contained in 4th Addendum to the Development Agreement, Recorded: July 19, 2017 Instrument No.: 2017-066043, records of Ada County, Idaho; Terms and provisions contained in Addendum to the Development Agreement. Recorded: July 11, 2018 Instrument No.: 2018-064534, records of Ada County, Idaho, 3. Terms and provisions as contained in a City of Meridian Ordinance No. 03-1035. Recorded: August 14, 2003 Instrument No.: 103137117, records of Ada County, Idaho. Exhibit B APPROVED )A:E 06/29/22 asement for the purpose shown below and rights incidental thereto ,E Uas set forth in a Master tjBE e; A-2G22 I ual Storm Water Drainage Easement. ranted to: Ada County Highway District Purpose: construct and install a storm water drainage facility, along with associated underground storm water drain lines Recorded: March 5, 2009 Instrument No.:109025612 Re -Recorded: May 8, 2009 Instrument No.: 109053259, records of Ada County, Idaho; Terms and provisions contained in a First Amended Master Perpetual Storm Water Drainage Easement. Recorded: November 10, 2015 Instrument No.: 2015-103256, records of Ada County, Idaho. 5. Terms and provisions contained in an Ordinance No.15-1644. Recorded: May 14, 2015 Instrument No.: 2015-041020, records of Ada County, Idaho. 6. Terms and provisions contained in a Temporary License Agreement by and between Ada County Highway District and Brighton Development Inc., a corporation. Recorded: January 27, 2016 Instrument No.: 2016-007143, records of Ada County, Idaho, 7. An easement for the purpose shown below and rights incidental thereto as set forth in a Sanitary Sewer and Water Main Easement. Granted to: City of Meridian Purpose: construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair, replacement and subsequent connection, and with the free right of access to such facilities at any and all times Recorded: April 6, 2016 Instrument No.: 2016-028674, records of Ada County, Idaho. 8. Covenants, Conditions, and Restrictions, and Easements but omitting any covenants or restrictions, if any, to the extent that such covenants, conditions or restrictions violate 42 USC 3604 (c) or any other ordinance, statute or regulation. Recorded: May 9, 2016 Instrument No.: 2016.039398, records of Ada County, Idaho. First Amendment to Master Declaration of Covenants, Conditions and Restrictions and Reciprocal Easement Agreement for Paramount Square Subdivision. Recorded: June 10, 2016 Instrument No.: 2016-050665, records of Ada County, Idaho. Second Amendment to Master Declaration of Covenants, Conditions and Restrictions and Reciprocal Easement Agreement for Paramount Square Subdivision. Recorded: January 10, 2018 Instrument No.: 201B-002920, records of Ada County, Idaho. Exhibit B APPROVED DA EI 06/29/22 C; %Uld B;R' A-2G22 -i mendment to Master Declaration of Covenants, Conditions, and Restrictions and Reciprocal Easement Agreement for Paramount Square Subdivision. Recorded: September 14, 2018 Instrument No.: 2018-087634, records of Ada County, Idaho. 9. Easements, reservations, restrictions, and dedications as shown on the official plat of Paramount Square Subdivision recorded May 9, 2016 as Instrument No. 2016-039399, and amended by an Affidavit recorded May 10, 2018 as Instrument No. 2018-042414 and further amended by an Affidavit recorded June 7, 2018 as Instrument No. 201B-052556, records of Ada County, Idaho. 10. Terms and provisions contained in an Agreement to Share Benefits and Costs of Irrigation System by and between Paramount Owners Association, Inc., an Idaho non-profit corporation, Brighton Development Inc., an Idaho corporation and Brighton Investments LLC, an Idaho limited liability company. Recorded: December 15, 2016 Instrument No.: 2016-121530, records of Ada County, Idaho. First Amendment to Agreement to Share Benefits and Costs of Irrigation System. Recorded: June 22, 2017 Instrument No.: 2017-057151, records of Ada County, Idaho. Second Amendment to Agreement to Share Benefits and Costs of Irrigation System. Recorded: June 22, 2017 Instrument No.: 2017-057152, records of Ada County, Idaho. Third Amendment to Agreement to Share Benefits and Costs of Irrigation System. Recorded: June 22, 2017 Instrument No.: 2017-057153, records of Ada County, Idaho. Fourth Amendment to Agreement to Share Benefits and Costs of Irrigation System. Recorded: October 4, 2017 Instrument No.: 2017-094353, records of Ada County, Idaho. 11. Terms and provisions contained in a Perimeter Landscape Maintenance Agreement by and between Brighton Development Inc., an Idaho corporation and Brighton Pacific Associates I LLC, an Idaho limited liability company. Recorded: July 9, 2018 Instrument No.: 2018-063728. records of Ada County, Idaho. Exhibit B