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HomeMy WebLinkAboutPZ - Warranty Deed ADA COUNTY RECORDER Phil McGrane 2022-034012 BOISE IDAHO Pgs=7 VICTORIA BAILEY 04/06/2022 01:45 PM ETRCO, LLC $15.00 RECORD & RETURN TO: Safeway Inc. 250 Parkcenter Boulevard Boise, ID. 83706 Attn: Real Estate Law THIS SPECIAL WARRANTY DEED, made as of April(o 2022 between ABS ID-0 LLC, a Delaware limited liability company, grantor, whose legal address is 250 Parkcenter Blvd., Boise Idaho, and BDC Meridian, LLC (as to a 73% undivided tenancy in common interest) and BDC Meridian II, LLC (as to a 27% undivided tenancy in common interest), each a Wyoming limited liability company, whose legal address is 1556 Parkside Drive, Walnut Creek, CA 94596, collectively, grantee: WITNESSETH: That the grantor, for and in consideration of the sum of TEN and No/100 Dollars, the receipt and sufficiency of which are hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the grantee, its heirs, successors and assigns forever, all the real property, together with improvements, if any, situate, lying and being in the County of ADA, State of IDAHO, described on Exhibit A attached to and made a part of this Deed, subject to the exceptions to title listed on Exhibit B attached hereto and made a part of this Deed. TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate right,title, interest, claim and demand whatsoever of the grantor, either in law or in equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, its heirs, successors and assigns forever. The grantor, for itself, its successors and assigns does covenant and agree that it shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the grantee, its heirs, successors and assigns, against all and every person or persons claiming the whole or any part thereof, by through or under the grantor. - 1- 3065 Meridian,ID-Deed(Final) IN WITNESS WHEREOF,the grantor has caused its corporate name to be hereunto subscribed by its duly authorized officers, the day and year first above written. ABS 1 -O LLC, a Dela �re li it d liability company 1� f, By: Bradley R. Beckstrom t✓���,,,� Authorized Signatory STATE OF IDAHO ) ss. COUNTY OF ADA ) On this day of March, 2022, before me,the undersigned, a Notary Public in and for said State, personally appeared Bradley R. Beckstrom to me known to be the Authorized Signatory of ABS ID-0 LLC,a Delaware limited liability company that executed the foregoing instrument, and acknowledged to me that the said instrument is the free and voluntary act and deed of said company,for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute the said instrument. WITNESS MY HAND and official seal hereto affixed the day, month and year in this certificate first above written. My commission expires: No ary Public in and for e State of Idaho •.• ••• Residing at Boise, Z7D o OF - 2- 3065 Meridian,ID-Deed(Final) Exhibit A to Grant Deed Legal Description of Property A parcel of land located in the Southeast One Quarter of the Southeast One Quarter of Section 29,Township 3 North, Range 1 East,Boise Meridian,Ada County, Idaho, being more particularly described as follows: Commencing at the South One Sixteenth Corner of said Section 29,from which the Southeast Corner of said Section 29 bears, South 00°37'07"West, 1321.29 feet; Thence North 89'39' 52"West, a distance of 25.00 feet to a point on the westerly right-of-way line of South Eagle Road,said point being the southeast corner of Messina Meadows Subdivision No.2,recorded in Book 101 at Page 13373 of Plats,Ada County Records; Thence on said westerly right-of-way line,South 00°37'07"West,a distance of 230.27 feet to the POINT OF BEGINNING; Thence the following nine (9)courses and distances on the westerly right-of-way line of said South Eagle Road and the northerly right-of-way line of East Amity Road: Thence South 00°37'07"West,a distance of 517.13 feet; Thence North 890 22'57"West,a distance of 8.00 feet; Thence South 080 42'03" West, a distance of 199.22 feet; Thence South 000 37'07"West, a distance of 182.58 feet to a point of curvature; Thence 167.29 feet on the arc of a curve to the right, having a radius of 118.64 feet, a central angle of 80°47'24", and whose long chord bears,South 41°00'46"West, 153.77 feet; Thence South 810 24'30"West,a distance of 81.35 feet; Thence North 89°43'46"West,a distance of 274.04 feet; Thence South 000 37'07"West,a distance of 14.96 feet; Thence South 870 08'50"West,a distance of 277.69 feet; Thence leaving said northerly right-of-way line,North 000 37'07"East,a distance of 712.82 feet to a point of curvature; Thence 30.42 feet on the arc of a curve to the left, having a radius of 20.00 feet,a central angle of 87°09'04",and whose long chord bears,North 42°57'25"West,27.57 feet; Thence North 89°22'53"West, a distance of 297.92 feet to a point of curvature; Thence 112.87 feet on the arc of a curve to the right, having a radius of 72.00 feet, a central angle of 89*49'14",and whose long chord bears, North 44.28'16 West, 101.66 feet; Thence North 000 26'21"East,a distance of 93.97 feet to a point of curvature; Thence 31.42 feet on the arc of a curve to the left, having a radius of 20.00 feet, a central angle of 90°00'00", and whose long chord bears,North 440 33'39"West,28.28 feet; Thence North 89°33'39"West, a distance of 130.08 feet to a point on the easterly boundary line of Messina Meadows Subdivision No.4,recorded in Book 106 at Page 14601 of Plats,Ada County Records; Thence on said easterly boundary line,North 000 26'20"East,a distance of 60.00 feet; Thence leaving said easterly boundary line,South 890 33'39"East,a distance of 122.08 feet to a point of curvature; Thence 125.66 feet on the arc of a curve to the right, having a radius of 80.00 feet, a central angle of 900 00' 00", and whose long chord bears,South 440 33'39"East,113.14 feet; Thence South 000 26'21"West,a distance of 93.97 feet to a point of curvature; Thence 31.35 feet on the arc of a curve to the left,having a radius of 20.00 feet,a central angle of 890 49'14",and whose long chord bears, South 440 28'16"East,28.24 feet; Thence South 890 22'53"East,a distance of 744.81 feet; Thence North 000 37'07"East,a distance of 274.02 feet; Thence South 890 40'14"East,a distance of 339.30 feet to the POINT OF BEGINNING. - 3- 3065 Meridian,ID-Deed(Final) EXCEPTING THEREFROM the following described property conveyed to Ada County Highway District in that Grant Deed recorded July 16, 2021, as Instrument No. 2021-107335, re-recorded November 10, 2021 as Instrument No. 2021- 162325 and re-re-recorded November 15,2021 as Instrument No.2021.163549,Ada County,Idaho. A parcel of land situate in a portion of the Southeast Quarter of the Southeast Quarter of Section 29,Township 3 North, Range 1 East Boise Meridian,Ada County,Idaho,being more particularly described as follows: COMMENCING at the Southeast Corner of said Section 29 (from which the South Quarter Corner of said Section 29 bears North 89043'39"West,2656.27 feet distant); Thence North 89043'39"West, 791.97 feet on the south section line of said Section 29;Thence leaving said south section line, North 00016'21"East,35.19 feet to a point on the northerly right of way line of East Amity Road,said point being the POINT OF BEGINNING: Thence leave said northerly right of way line North 000 37'14"East,22.32 feet; Thence South 890 43'39"East,277.19 feet to a point on the northerly right of way line of said East Amity Road;Thence on said northerly right of way line,South 000 37'14"West,7.18 feet; Thence South 870 08'57"West,277.69 feet to the POINT OF BEGINNING. TOGETHER WITH A parcel of land situate in a portion of the Southeast Quarter of the Southeast Quarter of Section 29,Township 3 North, Range 1 East,Boise Meridian,Ada County,Idaho,being more particularly described as follows: COMMENCING at the Southeast Corner of said Section 29 (from which the South Quarter Corner of said Section 29 bears North 89043'39"West, 2656.27 feet distant); Thence North 89043'39"West, 208.18 feet on the section line of said Section 29; Thence leaving said south section line, North 00016'21"East, 70.32 feet to a point on the northerly right of way line of East Amity Road,said point being the POINT OF BEGINNING: Thence leaving said northerly right of way line,78.40 feet on the arc of a curve to the left, having a radius of 584.00 feet,a central angle of 070 41'31",and whose long chord bears North 740 23'49"East,78.34 feet; Thence North 190 00'18"East,4.79 feet; Thence North 67015'10"East,19.98 feet; Thence South 630 24'55"East,4.94 feet to a point of curvature; Thence 15.82 feet on the arc of a curve to the left,having a radius of 104.00 feet,a central angle of 080 42'46"and whose long chord bears North 57° 21' 18" East, 15.80 feet to a point of non-tangent curvature, said point being on the northerly right of way of said East Amity Road; Thence on said northerly right of way line,73.93 feet on the arc of a curve to the right,having a radius of 118.64 feet,a central angle of 350 42'13",and whose long chord bears South 630 33'44"West,72.74 feet; Thence South 810 24'37"West,48.57 feet to the POINT OF BEGINNING. TOGETHER WITH A parcel of land situate in a portion of the Southeast Quarter of the Southeast Quarter of Section 29,Township 3 North, Range 1 East,Boise Meridian,Ada County,Idaho,being more particularly described as follows: COMMENCING at the Southeast Corner of said Section 29(from which the South One Sixteenth Corner common to Sections 29 and Section 28 bears North 00"37'14" East, 1321.29 feet distant); Thence North 00037'14" East, 231.95 feet on the east section line of said Section 29; Thence leaving said east section line, North 89022'46"West, 61.00 feet to a point on the westerly right of way line of South Eagle Road,said point being the POINT OF BEGINNING: Thence leaving said westerly right of way line, 122.70 feet on the arc of a curve to the right, having a radius of 402.00 feet,a central angle of 170 29'18",and whose long chord bears North 000 06'51"East,122.23 feet; Thence North 090 58'49"East,6.64 feet to a point on the westerly right of way line of said South Eagle Road; Thence on said westerly right of way line,South 000 37'14"West,128.77 feet to the POINT OF BEGINNING. TOGETHER WITH -4- 3065 Meridian,ID-Deed(Final) A parcel of land situate in a portion of the Southeast Quarter of the Southeast Quarter of Section 29,Township 3 North, Range 1 East,Boise Meridian,Ada County,Idaho,being more particularly described as follows: COMMENCING at the Southeast Corner of said Section 29(from which the South One Sixteenth Corner common to Sections 29 and Section 28 bears North 00037'14" East, 1321.29 feet distant); Thence North 00037'14"East, 469.83 feet on the east section line of said Section 29; Thence leaving said east section line, North 89022'46"West, 47.45 feet to a point on the westerly right of way line of South Eagle Road,said point being the POINT OF BEGINNING: Thence North 07'35'51"West,68.18 feet; Thence North 000 37'14"East,76.72 feet; Thence North 070 44'44"East,90.12 feet; Thence North 490 29'57"West,49.75 feet; Thence North 000 37'14"East,18.82 feet; Thence North 890 22'46"West,6.00 feet; Thence North 000 37'14"East,62.00 feet; Thence South 890 22'46"East,6.00 feet; Thence North 000 37'14"East,19.09 feet; Thence North 510 56'37"East,34.59 feet; Thence North 00'37'14"East,81.76 feet; Thence North 040 23'04"East,144.71 feet; Thence North 000 37'14"East,7.76 feet; Thence South 890 40'07"East,23.00 feet to a point on the westerly right of way of South Eagle Road;Thence on said westerly right of way line,South 000 37'14"West, 517.08 feet; Thence North 890 22'50"West,8.00 feet; Thence South 080 42'01"West,105.03 feet to the POINT OF BEGINNING - 5- 3065 Meridian,ID-Deed(Final) Exhibit B to Grant Deed Permitted Exceptions 1.Any defect,lien,encumbrance,adverse claim,or other matter that appears for the first time in the Public Records or is created,attaches,or is disclosed between the Commitment Date and the date on which all of the Schedule B,Part(- Requirements are met. 2.Rights or Claims of parties in possession not shown by the public records. 3.Easements or claims of easements not shown by the public records. 4.Discrepancies,conflicts in boundary lines,encroachments,overlaps,variations or shortage in area or content,party walls and any other matters that would be disclosed by a correct survey and/or physical inspection of the land. 5.Any lien,or right to lien,for services,labor or material heretofore or hereafter furnished,imposed by law and not shown by the public record. 6.Any water or well rights,or rights or title to water or claims thereof,in,on or under the land. 7.Unpatented mining claims; reservations or exceptions in patents or in the Acts authorizing the issuance of said patents. 8.Taxes or special assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records.Proceedings by a public agency which may result in taxes or assessments,or notices to such proceedings,whether or not shown by the records of such agency or by the public records. 9.General taxes for the year 2021,which are a lien,of which the first half is paid and the second half is due and payable on or before June 20,2022,and not delinquent until after said date. 10.General taxes for the year 2022,which are a lien,payable on or before December 20th of said year and not delinquent until after said date. 11.Liens,levies and assessments of the City of Meridian.No search has been made.Telephone No.(208)888.4433 for more specific information. 12.Liens and assessments of the Nampa Meridian Irrigation District,and the rights,powers and easements of said district as by law provided.No search has been made.Telephone No.(208)466-7861 for more specific information. 13.Rights of way for ditches,tunnels,telephone and transmission lines constructed by authority of the United States, as granted to the United States under the provisions of Section 58.604 Idaho Code 1947. 14.INTENTIONALLY DELETED. 15.INTENTIONALLY DELETED. - 6- 3065 Meridian,ID-Deed(Final) 16.Ditch,road and public utility easements as same may exist over said premises. 17.Matters shown or disclosed by Record of Survey No.305,recorded December 3,1981,as Instrument No.8151064, of Official Records. 18.An easement for power lines and incidental purposes in favor of Idaho Power Company,recorded December 30, 2008,as Instrument No.108137374,of Official Records. 19.An easement for power lines and incidental purposes in favor of Idaho Power Company,recorded December 30, 2008,as Instrument No.108137375,of Official Records. 20.An easement for Permanent Slope Easement in favor of Ada County Highway District recorded August 2,2012,as Instrument No.112077421,of Official Records. 21.INTENTIONALLY DELETED. 22.ALTA survey by The Land Group,Inc.,dated February 22,2016,under Job No.116015 discloses the following exceptions: (A)Any effect of ditches running through Parcels I and II (B)Any effect of unrecorded easements for gas lines 23.Matters shown or disclosed by Record of Survey No.10860,recorded April 5,2017,as Instrument No.2017.028641, of Official Records. 24.Terms,conditions,provisions and obligations set forth in that certain City of Meridian Ordinance No.17.1727, recorded May 11,2017,as Instrument No.2017-041824,of Official Records. 25.Terms,conditions,provisions and easements set forth in that certain Development Agreement between City of Meridian,a municipal corporation of the State of Idaho and ABS ID-0,LLC,recorded May 11,2017,as Instrument No. 2017-041827,of Official Records. 26.An easement for Right of Way and incidental purposes in favor of Ada County Highway District,recorded July 16, 2021,as Instrument No.2021.107327,of Official Records. Re-Recorded November 5,2021 as Instrument No.2021.159862,of Official Records. Re-Re-Recorded November 15,2021 as Instrument No.2021-163548,of Official Records. 27.An easement for Right of Way and incidental purposes in favor of Ada County Highway District,recorded July 16, 2021,as Instrument No.2021.107336,of Official Records. Re-Recorded November 5,2021 as Instrument No.2021-159864,of Official Records. Re-Re-Recorded November 15,2021 as Instrument No.2021.163550,of Official Records. 28.Any off record facts,encumbrances,easements or possessory claims,a survey or inspection would disclose. - 7- 3065 Meridian,ID-Deed(Final)