HomeMy WebLinkAboutPZ - Warranty deed ELECTRONICALLY RECORDED•DO NOT
REMOVE THE COUNTY STAMPED FIRST ADA COUNTY RECORDER Phil McGrane 2022.019996
PAGE AS IT IS NOW INCORPORATED AS BOISE IDAHO Pgs=27 ANGIE STEELE 02/25/2022 02:00 PM
FART OF THE ORIGINAL DOCUMENT. FIRST AMERICAN TITLE AND ESCROW COMPANY $15.00
Recording Requested B and ADA COUNTY RECORDER Phil McGrane 2022-023404
g ques y BOISE IDAHO Pgs=29 ANGIE STEELE 03/07/2022 02:55 PM
When Recorded Return to: FIRST AMERICAN TITLE AND ESCROW COMPANY $15.00
Kirkland&Ellis LLP
300 North LaSalle
Chicago, IL 60654
Attn: Hannah Ehrenberg,Esq.
*THIS DOCUMENT IS BEING RE—RECORDED TO INCLUDE A CORRECTION TO PARCEL 16 AND TO INCLUDE
THE LEGAL DESCRIPTION FOR PARCEL 17
38SO 1-701- aA?4 rh L
SPACE ABOVE THIS LINE FOR RECORDER'S USE ONLY
SPECIAL WARRANTY DEED
For the consideration of ten dollars ($10.00) and other good and valuable consideration,
the receipt of which is hereby acknowledged, ADLER AB OWNER VIII, LLC, a Delaware
limited liability company ("Grantor"), conveys, grants and warrants to BOISE INDUSTRIAL
ADA PROPCO 1, LLC, a Delaware limited liability company, whose mailing address is c/o
Adler Industrial, LLC, 8665 W. Emerald Street, Suite 200, Boise, Idaho 83704 ("Grantee"), and
its successors and assigns forever, all the following described real estate (the "Land") situated in
the County of Ada, State of Idaho:
SEE SCHEDULE I ATTACHED HERETO AND INCORPORATED HEREIN.
TOGETHER WITH all water and water rights and other entitlements to water
appurtenant to or beneficially used upon the Land, and all others represented by any decree,
license, permit, claim, permit application or storage entitlement, and all other ditch and canal
company, water association, irrigation district, or other water delivery entity shares and
entitlements to receive water from any such company, association, district or other entity, and all
ditch rights, easements, and rights of way associated with any irrigation or other water well,
pump, delivery ditch, canal, lateral, pipeline, or facilities used to divert, convey or deliver any
water, water rights, or entitlements appurtenant to or beneficially used upon. the Land, and all
minerals and mineral rights appurtenant thereto, and all and singular the tenements,
hereditaments and appurtenances thereunto belonging or in anywise appertaining, the reversion
and reversions, remainder and remainders, rents, issues and profits thereof and all estate, right,
title and interest in and to the Land, as well in law as in equity (collectively, the Land and all
appurtenances are, the "Premises")
TO HAVE AND TO HOLD the Premises unto Grantee, its successors and assigns,
forever, and Grantor does hereby covenant to and with Grantee, and its successors and assigns
forever, that Grantor is owner in fee simple of the Premises; that Grantor has a good right to
convey the fee simple; that the Premises is free from any and all liens, claims, encumbrances or
other defects of title except for(a) real property taxes and assessments that are a lien not yet due
and payable, (b) all applicable zoning ordinances, building codes, laws and regulations, (c) those
easements, restrictions, agreements and encumbrances set forth on Schedule 2 attached hereto,
ELECTRONICALLY RECORDED-DO NOT
REMOVE THE COUNTY STAMPED FIRST
PAGE AS IT IS NOW INCORPORATED AS
FART OF THE ORIGINAL DOCUMENT.
Recording Requested By and
When Recorded Return to:
Kirkland& Ellis LLP
300 North LaSalle
Chicago, IL 60654
Attn: Hannah Ehrenberg, Esq.
*THIS DOCUMENT IS BEING RE-RECORDED TO INCLUDE A CORRECTION TO PARCEL 16 AND TO INCLUDE
THE LEGAL DESCRIPTION FOR PARCEL 17
�O5011-701- ►MI rn(11
SPACE ABOVE THIS LINE FOR RECORDER'S USE ONLY
SPECIAL WARRANTY DEED
For the consideration of ten dollars ($10.00) and other good and valuable consideration,
the receipt of which is hereby acknowledged, ADLER AB OWNER VIII, LLC, a Delaware
limited liability company ("Grantor"), conveys, grants and warrants to BOISE INDUSTRIAL
ADA PROPCO 1, LLC, a Delaware limited liability company, whose mailing address is c/o
Adler Industrial, LLC, 8665 W. Emerald Street, Suite 200, Boise, Idaho 83704 ("Grantee"), and
its successors and assigns forever, all the following described real estate (the "Land") situated in
the County of Ada, State of Idaho:
SEE SCHEDULE I ATTACHED HERETO AND INCORPORATED HEREIN.
TOGETHER WITH all water and water rights and other entitlements to water
appurtenant to or beneficially used upon the Land, and all others represented by any decree,
license, permit, claim, permit application or storage entitlement, and all other ditch and canal
company, water association, irrigation district, or other water delivery entity shares and
entitlements to receive water from any such company, association, district or other entity, and all
ditch rights, easements, and rights of way associated with any irrigation or other water well,
pump, delivery ditch, canal, lateral, pipeline, or facilities used to divert, convey or deliver any
water, water rights, or entitlements appurtenant to or beneficially used upon. the Land, and all
minerals and mineral rights appurtenant thereto, and all and singular the tenements,
hereditaments and appurtenances thereunto belonging or in anywise appertaining, the reversion
and reversions, remainder and remainders, rents, issues and profits thereof and all estate, right,
title and interest in and to the Land, as well in law as in equity (collectively, the Land and all
appurtenances are,the "Premises")
TO HAVE AND TO HOLD the Premises unto Grantee, its successors and assigns,
forever, and Grantor does hereby covenant to and with Grantee, and its successors and assigns
forever, that Grantor is owner in fee simple of the Premises; that Grantor has a good right to
convey the fee simple; that the Premises is free from any and all liens, claims, encumbrances or
other defects of title except for (a) real property taxes and assessments that are a lien not yet due
and payable, (b) all applicable zoning ordinances, building codes, laws and regulations, (c)those
easements, restrictions, agreements and encumbrances set forth on Schedule 2 attached hereto,
and (d) any matter or circumstance that would be disclosed by an accurate survey or physical
inspection of the Premises; and that Grantor shall and will warrant and defend the quiet and
peaceful possession of said Premises by Grantee, and its successors and assigns forever, against
all other claims whatsoever.
[Signatures on Following Page]
2
GRANTOR:
Adler AB Owner VIII,LLC,
a Delaware limited liability company
By: Michael S. Adler, President
STATE OF Idaho )
SS.
COUNTY OF Ada )
On thisr-15 day of , in the year 2022, before me, the undersigned notary, a Notary
Public in and for said Stale, personally appeared Michael S. Adler, known or identified to me to
be the person whose name is subscribed to the within Instrument as the President of Adler AB
Owner VIII, LLC, a Delaware limited liability company,which is known or identified to me to be the
entity whose name is subscribed to the within instrument and acknowledged to me that he executed the
same in said Limited Liability Company's name.
Mot ��
otary Public of Idaho
Residing at: Ccztd ,ID
Commission Expires: Z-1
°4�� A•N
Seal: �, �•• No 102i••��'o,,
cP�OTAI�1,�,
c�PUB LIB%
;►b oti•.
3
SCHEDULE 1
The Land referred to herein below is situated in the County of Ada, State of Idaho, and is
described as follows:
3568 E. Lanark Drive,Meridian,ID
PARCEL 16:
SITE 31
Lot 4 in Block 1 of SEYAM SUBDIVISION, according to the plat thereof, filed in Book 108 of
Plats at Pages 15074 through 15076, Records of Ada County, Idaho.
4
3920 E. Lanark Street,Meridian,ID
PARCEL 17:
SITE 321
Lot 1 in Block 3 of SEYAM EAST SUBDIVISION, according to the plat thereof, filed in Book
116 of Plats at Pages 17445 through 17447, Records of Ada County, Idaho.
5
12450 W. Executive Dr, Boise,ID
PARCEL 23:
SITE 13
Lot 4 in Block 1 of TRUSTMARK SUBDIVISION, according to the plat thereof, filed in Book
78 of Plats at Pages 8314 and 8315,Records of Ada County,Idaho.
PARCEL 23A:
Non Exclusive easement rights as set forth in Declaration of Perpetual Easement recorded
February 24, 2006,as Instrument No. 106029353,Records of Ada County, Idaho.
6
619 N. Cloverdale Road,Boise, ID
PARCEI, 24:
SITES 16 AND 17
A PARCEL OF LAND AS SHOWN ON PROPERTY LINE ADJUSTMENT SURVEY FOR
RONALD W. VAN AUKER AS PARCEL D BEING SITUATED IN A PORTION OF LOT 1,
LOT 2, LOT 3 AND LOT 6 OF BLOCK 2 OF TRUSTMARK SUBDIVISION AS RECORDED
IN BOOK 78 AT PAGES 8314 AND 8315 OF ADA COUNTY RECORDS AND BEING
DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 6 A 1/2 INCH REBAR
THENCE ALONG THE WEST LINE OF SAID LOT 6 AND LOT 3 NORTH 1°03'25" WEST
A DISTANCE OF 488.03 FEET TO A 1/2 INCH REBAR; THENCE LEAVING SAID WEST
LINE AND PARALLEL WITH THE SOUTH LINE OF SAID LOT 6 SOUTH 89056,30" EAST
A DISTANCE OF 567.00 FEET TO A 1/2 INCH REBAR; THENCE ALONG THE EAST
LINE OF SAID LOT 1 AND LOT 6 SOUTH 1003'25" EAST A DISTANCE OF 488.03 FEET
TO A 1/2 INCH REBAR; THENCE ALONG THE SOUTH LINE OF SAID LOT 6 NORTH
89056'30" WEST A DISTANCE OF 567.00 FEET TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM THAT PORTION CONVEYED TO ADA COUNTY HIGHWAY
DISTRICT BY WARRANTY DEED FEBRUARY 27, 2014 AS INSTRUMENT NO.
114014777.
7
12368 W. Monsanto Street,Boise,ID
PARCEL 25:
SITES 16 AND 17
A PARCEL OF LAND AS SHOWN ON PROPERTY LINE ADJUSTMENT SURVEY FOR
RONALD W. VAN AUKER AS PARCEL D BEING SITUATED IN A PORTION OF LOT 1,
LOT 2, LOT 3 AND LOT 6 OF BLOCK 2 OF TRUSTMARK SUBDIVISION AS RECORDED
IN BOOK 78 AT PAGES 8314 AND 8315 OF ADA COUNTY RECORDS AND BEING
DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 6 A 1/2 INCH REBAR
THENCE ALONG THE WEST LINE OF SAID LOT 6 AND LOT 3 NORTH 1003'25" WEST
A DISTANCE OF 488.03 FEET TO A 1/2 INCH REBAR; THENCE LEAVING SAID WEST
LINE AND PARALLEL WITH THE SOUTH LINE OF SAID LOT 6 SOUTH 89056,30" EAST
A DISTANCE OF 567.00 FEET TO A 1/2 INCH REBAR; THENCE ALONG THE EAST
LINE OF SAID LOT 1 AND LOT 6 SOUTH 1°03'25" EAST A DISTANCE OF 488.03 FEET
TO A 1/2 INCH REBAR; THENCE ALONG THE SOUTH LINE OF SAID LOT 6 NORTH
89056'30" WEST A DISTANCE OF 567.00 FEET TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM THAT PORTION CONVEYED TO ADA COUNTY HIGHWAY
DISTRICT BY WARRANTY DEED FEBRUARY 27, 2014 AS INSTRUMENT NO.
114014777.
8
598 N.Dupont Avenue,Boise,ID
PARCEL 26:
SITE 18
Lot 5 in Block 2 of TRUSTMARK SUBDIVISION, according to the plat thereof, filed in Book
78 of Plats at Pages 8314 and 8315, Records of Ada County, Idaho.
PARCEL 26A:
Non Exclusive easement rights as set forth in Mutual Access and Drainage Easement recorded
April 30, 2003, as Instrument No. 103072030,Records of Ada County,Idaho.
9
495 N.Dupont Avenue,Boise,ID
PARCEL 27:
SITE 21
Lot 4 in Block 3 of TRUSTMARK SUBDIVISION, according to the plat thereof, filed in Book
78 of Plats at Pages 8314 and 8315,Records of Ada County,Idaho.
PARCEL 27A:
Non Exclusive easement rights as set forth in Declaration of Perpetual Easement recorded
September 22, 2000, as Instrument No. 100075930,Records of Ada County, Idaho.
PARCEL 2713:
Non Exclusive easement rights as set forth in Declaration of Perpetual Easement recorded
August 16, 2007,as Instrument No. 107116027,Records of Ada County, Idaho.
10
549 N.Dupont Avenue,Boise,ID
PARCEL 28:
SITE 22
Lot 5 in Block 3 of TRUSTMARK SUBDIVISION, according to the plat thereof, filed in Book
78 of Plats at Pages 8314 and 8315,Records of Ada County,Idaho.
PARCEL 28A:
Non Exclusive easement rights as set forth in Declaration of Perpetual Easement recorded
September 22, 2000, as Instrument No. 100075930, Records of Ada County,Idaho.
PARCEL 2813:
Non Exclusive easement rights as set forth in Declaration of Perpetual Easement recorded
October 15,2002, as Instrument No. 102118719, Records of Ada County, Idaho.
11
12551 W. Executive Drive,Boise,ID
PARCEL 29:
SITE 23
Lot 7 in Block 3 of TRUSTMARK SUBDIVISION, according to the plat thereof, filed in Book
78 of Plats at Pages 8314 and 8315,Records of Ada County,Idaho.
12
SCHEDULE 2
Exceptions
ALL PARCELS
391. Deed of Trust and the terms and conditions thereof.
Grantor/Trustor. BOISE INDUSTRIAL ADA PROPCO 1,LLC,,a Delaware limited
liability company
Grantee/Benefidary: GOLDMAN SACHS BANK USA,a New York State-Chartered Bank
Trustee: PRO-FORMA
Amount: $PRO-FORMA
Dated: PRO-FORMA
Recorded: PRO-FORMA
Recording Information: PRO-FORMA
392. Rights of tenants as tenants only,under prior unrecorded leases,with no options to purchase or
rights of first refusal contained therein.
393. Matters as shown on ALTA survey for Parcel 10 prepared by Clark Land Surveying,Inc.,dated
January 19,2022,Job No,211821,which are as follows:8'pressure irrigation easement tuns under
the building(between Lots 9 and 10,Block 1 in Creamline Park Subdivision);and asphast and
curbing encroaches onto property to the East.
394. Matters as shown on ALTA survey for Parcel 13 prepared by Clark Land Surveying,Inc.,dated
January 7,2022,Job No.211824,which are as follows:Fence encroaches off the property along
eastern and northern boundaries.
395. Matters as shown on ALTA survey for Parcel 14 prepared by Clark Land Surveying,Inc.,dated
January 4,2022,Job No.211825,which are as follows:Fence encroaches off the property along the
northern and eastern boundaries.
396. Matters as shown on ALTA survey for Parcel 16 prepared by Clark Land Surveying,Inc.,dated
January 4,2022,Job No.211827,which are as follows:overhead electric line crosses northwest
corner of property and no easement;concrete pad encroachment on easterly property line;and
Evans Drain 60'easement not 50'per Record of Survey 104130608 and confirmation of
Nampa/Meridian Irrigation District(Note 18).
397. Matters as shown on ALTA survey for Parcel 17 prepared by Clark Land Surveying,Inc.,dated
January 7,2022,Sob No.211828,which are as follows:Concrete pad encroachment on westemly
property line;and Evans Drain 60'easement not 50'per Record of Survey IG4130608 and
confirmation of Nampa/Meridian Irrigation District(Note 19)..
398. Matters as shown on ALTA survey for Parcel 18 prepared by Clark Land Surveying,Inc.,dated
January 11,2022,Job No.211829,which are as follows:Storm drain feature near northeast comer
encroaches onto adjacent property to the east;and Evans Drain 60'easement not 50'per Record of
Survey 104130608 and cofirmation of Nampa/Meridian Irrigation District(Note 25)
399. Matters as shown on ALTA survey for Parcel 23 prepared by Clark Land Surveying,Inc.,dated
January 12,2022,Job No.211834,which are as follows:Asphalt and curbing encroachments onto
property to the west.
400, - Matters as shown on ALTA survey for Parcel 24 prepared by Clark Land Surveying,Inc.,dated
January 10,2022,Job No.211835,which are as follows:Encroachments of landscape islands and
asphalt onto property to the west.
401. Matters as shown on ALTA survey for Parcel 26 prepared by Clark Land Surveying,Inc.,dated
January 14,2022,Job No.211836,which are as follows:Encroachments of landscape islands from
properties to the east and north,and encroachment of curbing from property to the east.
13
402. Matters as shown on ALTA survey for Parcel 27 prepared by Clark Land Surveying, Inc.,dated
January 10, 2022,Job No. 211837,which are as follows: Encroachments of parking spaces/striping
onto property to the North.
403. Matters as shown on ALTA survey for Parcel 28 prepared by Clark land Surveying, Inc.,dated
January 12, 2022,Job No. 211838, which are as follows: Encroachments of parking spaces/striping
onto property to the south.
404. Matters as shown on ALTA survey for Parcel 29 prepared by Clark Land Surveying, Inc.,dated
January 12, 2022,Job No. 211839, which are as follows: Encroachments of concrete and fencing
along southern boundary of the property.
14
PARCEL 16 SITE 31
THE FOLLOWING EXCEPTIONS AFFECT PARCEL 16:
115. INTENTIONALLY DELETED
116. General and Special Taxes for the year 2022, an accruing lien not due or payable until the fourth
Monday In November 2022 when the bills are issued, the first half of which is not delinquent until
after December 20,2022.
117. Liens,levies and assessments by City of Meridian,none due and payable as of the date of final
policy.
118. Liens,levies and assessments by Nampa-Meridian Irrigation District, none due and payable as of the
date of final policy.
119. Right of way for Evans Drain,and rights of access to maintain Said drain.
120. Any and all offers of dedication,conditions,restrictions,easements, notes and/or provisions shown or
disclosed by the filed or recorded map of SEYAM SUBDIVISION,filed in Book 108 of Plats at Pages
15074 through 15076, referred to in the legal description.
121. Easement,including terms and provisions contained therein:
Recording Information: Book 78 of Deeds at Page 60
In Favor of: IDAHO OREGON LIGHT AND POWER COMPANY
For: power lines
122. Easement,Inducting terms and provisions contained therein:
Recording Information: Book 20 of Miscellaneous Records at Page 180
In Favor of: NAMPA&MERIDIAN IRRIGATION DISTRICT
For: construction,maintenance,operating, building and repair of a
drain ditch
123. The terms and provisions contained in the document entitled"Closing Agreement and Grant of
Easement"recorded October 7, 1996 as 96083659 of Official Records, Ronald W.Van Auker and
William H.Child
124. Easement,including terms and provisions contained therein:
Recording Information: 103007928
In Favor of: CITY OF MERIDIAN
For: water mains
125. Easement,including terms and provisions contained therein:
Recording Information: 103007929
In Favor of: CITY OF MERIDIAN
For: water main
15
126. License Agreement upon the terms,conditions and provisions contained therein:
Dated: February 17,20G4
Parties: NAMPA&MERIDIAN IRRIGATION DISTRICT&RONALD W.VAN
AUKER
Recorded: February 23,2004
Instrument No.: ID4019294
127, Pump Station Operation and Maintenance Agreement upon the terms,conditions and provisions
contained therein:
Dated: February 6,2007
Parties: Ronald W.Van Auker and Nampa&Meridian Irrigation District
Recorded: February 12,2007
Instrument No.: 107020169
128. Easement,including terms and provisions contained therein:
Recording Information: 107086312
In Favor of: City of Meridian
For: water main
129. License Agreement upon the terms,conditions and provisions contained therein:
Dated: May 15,2007
Parties: Nampa&Meridian Irrigation District and Ronald W.Van Auker
Recorded: May 21, 2007
Instrument No.: 107072156
130. Easement,including terms and provisions contained therein:
Recording Information: 111075823
In Favor of: Spring Communications Company L.P.et at
For: telecommunication easement
131. Easement,Induding terms and provisions contained therein:
Recording Information: 112023417
In Favor of: Ada County Highway District
For: temporary turnaround
132. Easement, including terms and provisions contained therein:
Recording Information: 113110332
In Favor of: Level 3 Communications, LLC
For: telecommunications cable system easement
133. INTENTIONALLY DELETED
134. Pump Station Operation and Maintenance Agreement and the terms and conditions thereof:
Between: Volante Investments LL.LP,an Idaho limited liability€ignited
partnership
And: Nampa&Meridian Irrigation District
Recording Information: 2015-062527
16
135. Temporary License Agreement and the terms and conditions thereof:
Between: Ada County Highway District
And: Volante Investments,LLLP
Recording Information: 2015-102353
136, INTENTIONALLY DELETED
137. INTENTIONALLY DELETED
138, INTENTIONALLY DELETED
139. INTENTIONALLY DELETED
140. INTENTIONALLY DELETED
141. INTENTIONALLY DELETED
142. INTENTIONALLY DELETED
17
PARCEL 17 SITE 321
THE FOLLOWING EXCEPTIONS AFFECT PARCEL 17:
143• INTENTIONALLY DELETED
144. General and Special Taxes for the year 2022, an accruing lien not due or payable until the fourth
Monday in November 2022 when the bills are issued, the first half of which is not delinquent until
after December 20,2022.
145. Liens, levies and assessments by Nampa-Meridian Irrigation Dlsbict,none due and payable as of the
date of final policy.
146. Liens,levies and assessments by City of Meridian, none due and payable as of the date of final
policy.
147. Right of way for Evans Drain,and rights of access to maintain said drain.
148. Any and all offers of dedication,conditions;restrictions,easements, notes and/or provisions shown or
disclosed by the filed or recorded map of SEYAM SUBDIVISION,filed in Book 108 of Plats at Pages
15074 through 15076, referred to in the legal description.
Resolution for Vacation of plat note 10 recorded December 22,2016,as Instrument No.2016124041.
149. Any and all offers of dedication,conditions,restrictions,easements,boundary discrepancies or
encroachments,notes and/or provisions shown or disclosed by the filed or recorded map of SEYAM
EAST SUBDIVISION,filed in Book 116 of Plats at Pages 17445 through 17447 referred to in the legal
description.
150. Easement,including terms and provisions contained therein:
Recording Information: Book 78 of Deeds at Page 60
In Favor of: IDAHO OREGON LIGHT AND POWER COMPANY
For: power lines,
18
151. Easement,including terms and provisions contained therein:
Recording Information: Book 20 of Miscellaneous Records at Page 180
In Favor of: NAMPA&MERIDIAN IRRIGATION DISTRICT
For: construction,maintenance,operating, building and repair of a
drain ditch
152. The terms and provisions contained in the document entitled"Closing Agreement and Grant of
Easement"recorded October 7, 1996 as 96083659 of Official Records. Ronald W.Van Auker and
William H.Child
153. License Agreement upon the terms,conditions and provisions contained therein:
Dated: February 17,2004
Parties: NAMPA&MERIDIAN IRRIGATION DISTRICT&RONALD W. VAN
AUKER
Recorded: February 23,2004
Instrument No.: 104019294
154. Easement, including terms and provisions contained therein:
Recording Information: 107056312
In Favor of: City of Meridian
For: water main
155. License Agreement upon the terms,conditions and provisions contained therein:
Dated: May 15, 2007
Parties: Nampa&Meridian Irrigation District and Ronald W.Van Auker
Recorded: May 21, 2007
Instrument No.: 107072156
156. Easement,including terms and provisions contained therein:
Recording Information: 111075823
In Favor of: Spring Communications Company L.P.et al
For: telecommunication easement
157. Easement,including terms and provisions contained therein:
Recording Information: 113110332
In Favor of: level 3 Communications, LLC
For: telecommunications cable system easement
158. Development Agreement and the terms and conditions thereof:
Between: City of Meridian
And: Ronald Van Auker
Recording Information, 2014068084
159. Pump Station Operation and Maintenance Agreement for Seyam Subdivision and the terms and
conditions thereof:
Between: Volante Investments LLLP,an Idaho limited liability limited
partnership
And: Nampa&Meridian Irrigation District
Recording Information: 2015-062527
19
160. Temporary License Agreement and the terms and conditions thereof:
Between: Ada County Highway District
And: Volante Investments,LLLP
Recording Information: 2015-102353
161. Development Agreement and the terms and conditions thereof:
Between: City of Meridian
And: Volante,LLLP
Recording Information: 2018052342
162. Easement, including terms and provisions contained therein:
Recording Information: 2018074568
In Favor of: City of Meridian
For: water main
163. License Agreement and the terms and conditions thereof:
Between: Nampa&Meridian Irrigation District
And: Volante Investments LLLP,an Idaho limited liability Urnited
partnership and Ronald W.Van Auker
Recording Information: 2018075960
164. Pump Station Operation and Maintenance Agreement Agreement and the terms and conditions
thereof:
Between: Volante Investments LLLP
And: Nampa&Meridian Irrigation District
Recording Information: 2018089940
165. Temporary License Agreement and the terms and conditions thereof:
Between: Ada County Highway District
And: Volante Investments, LLLP
Recording Information: 2019009794
166. Development Surety Agreement and the terms and conditions thereof:
Between: City of Meridian
And: Volante Investments,LLLP
Recording Information: 2019023959
167, INTENTIONALLY DELETED
168. INTENTIONALLY DELETED
169, INTENTIONALLY DELETED
170. INTENTIONALLY DELETED
20
PARCEL 23 SITE 13
THE FOLLOWING EXCEPTIONS AFFECTS PARCEL 23,
297. INTENTIONALLY DELETED
298. General and Special Taxes for the year 2022, an accruing lien not due or payable until the fourth
Monday in November 2022 when the bills are Issued, the first half of which is not delinquent until
after December 20,2022.
299. Liens,levies and assessments by City of Boise,none due and payable as of the date of final policy.
300. Liens,levies and-assessments by Nampa Meridian Irrigation District,none due and payable as of the
date of final policy.
301. Liens,levies and assessments by Settlers Irrigation District, none due and payable as of the date of
final policy.
302. Easements,reservations,restrictions and dedications as shown on the plat of said Subdivision.
303. A 5010 Reservation of Minerals,and the terms and provisions thereof, in a deed recorded April 2,
1947 In Book 305 of Deeds at Page 372,Records of Ada County,Idaho
304. Canal Relocation and Grant of Easement Agreement upon the terms,conditions and provisions
contained therein:
Dated: August 3, 1999
Parties: SETTLERS IRRIGATION DISTRICT and RON VAN AUKER, INC.
Recorded: August 5, 1999
Instrument No.: 99078340
305. Landscaping Agreement upon the terms,conditions and provisions contained therein:
Dated: April 26, 2000
Parties: SETTLERS IRRIGATION DISTRICT and PON VAN AUKER,INC.
Recorded: May 26,2000
Instrument No.: 100041096
306. Covenants,Conditions, Restrictions and Easements recorded October 15, 2002,as Instrument No.
102118720,Ada County Records,but deleting any covenant,condition or restriction indicating a
preference,limitation or discrimination based on race,color,religion,sex,handicap, familial status,or
national origin to the extent such covenants,conditions or restrictions violate 42 USC 3604(c).
Assignment and Assumption of Declarants Rights recorded May 10, 2019,as Instrument No.
2019039068.
21
307. Declaration of Perpetual Easement, recorded February 24,20D6,as Instrument No. 106029353,
Records of Ada County, Idaho.
306. INTENTIONALLY DELETED
309. INTENTIONALLY DELETED
310. INTENTIONALLY DELETED
311. INTENTIONALLY DELETED
22
PARCELS 24 AND 25 SITES 16 AND 17
THE FOLLOWING EXCEPTIONS AFFECT PARCEL 24:
312. INTENTIONALLY DELETED
313. General and Special Taxes for the year 2022, an accruing lien not due or payable until the fourth
Monday in November 2022 when the bills are issued, the first half of which is not delinquent until
after December 20,2022.
314. Any tax, fee,assessments or charges as may be levied by City of Boise, none due and payable as of
the date of final policy.
315. Any tax, fee, assessments or charges as may be levied by Nampa and Meridian Irrigation District,
none due and payable as of the date of final policy.
316. Any tax, fee, assessments or charges as may be levied by Settlers Irrigation District, none due and
payable as of the date of final policy.
317. Any and all offers of dedication,conditions,restrictions,easements, notes and/or provisions shown
or disclosed by the filed or recorded map of TRUSTMARK SUBDIVISION,filed in Book 78 of Plats at
Pages 8314 and 8315,referred to in the legal description.
318. A 50%(fifty percent)Reservation of Minerals,and the terms and provisions thereof, In a deed
recorded April 2, 1947 in Book 305 of Deeds at Page 372.
Assignment as evidenced by Quitdaim Deed, recorded May 19, 2003,as Instrument No. 103082103,
Records of Ada County, Idaho.
319. An Easement over said land for Access and Incidental purposes as set forth in an instrument recorded
April 11,1997,as Instrument No. 97027797.
320. Easement,Including terms and provisions contained therein:
Recording Information: 100075929
In Favor of: Building A and Building B of Trustmark Subdivision
For: Declaration of perpetual easement
321. Covenants, conditions, resWctions and/or easements; but deleting any covenant, condition or
restriction Indicating a preference, limitation or discrimination based on race, color, religion, sex,
handicap, family status, or national origin to the extent such covenants, conditions or restrictions
violate Title 42, Section 3604(c),of the United States Codes:
Recording Information: 102118720
23
I —'�e 1 1!11: yc L U c K--, L—",.1"T'
Assignment of Dectarant's Rights to Adler AB Industrial,LLC recorded May 10, 2019,as Instrument
No. 2019039068.
322. Easement,including terms and provisions contained therein:
Recording Information: 103072030
In Favor of: M & M Land Company, LLC, an Idaho limited liability
company
For: Mutual access and drainage easement
323. Easement, including terms and provisions contained therein:
Recording Information' 104047282
In Favor of: Idaho Power Company,corporation
For: Power line
324. License Agreement and the terms and conditions thereof:
Between: Settlers Irrigation District
And: City of Boise
Recording Information: 106014649
325. Easement, including terms and provisions contained therein:
Recording Information: 114014778
In Favor of: Ada County, Highway District, a body politic and
corporate of the state of Idaho
For: Permanent slope easement
326. INTENTIONALLY DELETED
327. INTENTIONALLY DELETED
328. INTENTIONALLY DELETED
329. INTENTIONALLY DELETED
330, INTENTIONALLY DELETED
331. INTENTIONALLY DELETED
332. INTENTIONALLY DELETED
333. INTENTIONALLY DELETED
334, INTENTIONALLY DELETED
24
PARCEL 26 SITE 18
THE FOLLOWING EXCEPTIONS AFFECT PARCEL 26:
335. INTENTIONALLY DELETED
336. General and Special Taxes for the year 2022, an accruing lien not due or payable until the fourth
Monday in November 2022 when the bills are issued, the first half of which Is not delinquent until
after December 20,2022.
337, Any tax,fee,assessments or charges as may be levied by Oty of Boise, none due and payable as of
the date of final policy.
338, Any tax, fee, assessments or charges as may be levied by Nampa and Meridian Irrigation District,
none due and payable as of the date of final policy.
339, Any tax, fee, assessments or charges as may be levied by Settlers Irrigation District, none due and
payable as of the date of final policy.
340. Any and all offers of dedication,conditions,restrictions,easements,notes and/or provisions shown
or disclosed by the filed or recorded map of TRUSTMARK SUBDIVISION,filed in Book 78 of Plats at
Pages 8314 and 8315,referred to In the legal description.
341. A 50%(fifty percent)Reservation of Minerals,and the terms and provisions dweof,in a deed
recorded April 2, 1947 In Book 305 of Deeds at Page 372.
Assignment as evidenced by Quitclaim Deed recorded May 19,2003,as Instrument No. 103082103,
Records of Ada County,Idaho.
342, Covenants, conditions, restrictions and/or easements, but deleting any covenant, condition or
restriction indicating a preference, limitation or discrimination based on race, color, religion, sex,
handicap, family status, or national origin to the extent such covenants, conditions or restrictions
violate Tide 42,Section 3604(c),of the United States Codes:
Recording Information: 102118720
Assignment of Declarants Rights to Adler AS Industrial,LLC recorded May 10,2019,as Instrument
No.2019039068.
343. Easement, including terms and provisions contained therein:
Recording Information: 103072030
For: Mutual Access and Drainage Easement
344. INTENTIONALLY DELETED
345. INTENTIONALLY DELETED
346. INTENTIONALLY DELETED
347. INTENTIONALLY DELETED
348. INTENTIONALLY DELETED
349. INTENTIONALLY DELETED
25
PARCEL 27 SITE 21
THE FOLLOWING EXCEPTIONS AFFECT PARCEL 27:
350. INTENTIONALLY DELETED
351. General and Special Taxes for the year 2022, an accruing lien not due or payable until the fourth
Monday in November 2022 when the bills are issued,the first half of which is not delinquent until
after December 20,2022.
352. Any tax,fee,assessments or charges as may be levied by City of Boise,none due and payable as of
the date of final policy.
353. Any tax, fee,assessments or charges as may be levied by Nampa and Meridian Irrigation District,
none due and payable as of the date of final policy.
354. Any tax,fee, assessments or charges as may be levied by Settlers Irrigation District, none due and
payable as of the date of final policy.
355. Any and all offers of dedication,conditions,restrictions,easements,notes and/or provisions shown
or disclosed by the filed or recorded map of TRUSTMARK SUBDIVISION,filed in Book 78 of Plats at
Pages 8314 and 8315,referred to in the.legal description.
356. A 50%(fifty percent)Reservation of Minerals,and the terms and provisions thereof,in a deed
recorded April 2,1947 in Book 305 of Deeds at Page 372.
Assignment as evidenced by Quitclaim Deed recorded May 19,2003,as Instrument No. 103082103,
Records of Ada County,Idaho.
357. Easement,including terms and provisions contained therein:
Recording Information: 10D075930
In Favor of: Ronald W. Van Auker, a married man dealing with his
sole and separate property
For: Declaration of Perpetual Easement
358. Covenants, conditions, restrictions and/or easements; but deleting any covenant, condition or
restriction Indicating a preference, limitation or discrimination based on race, color, religion, sex,
handicap, family status, or national origin to the extent such covenants, conditions or restrictions
violate Tide 42,Section 3604(c),of the United States Codes:
Recording Information: 102118720
Assignment of Dedarant's Rights to Adler AS Industrial,LLC recorded May 10,2019,as Instrument
No.2019039068.
359. Easement,including terms and provisions contained therein:
Recording Information: 107116027
In Favor of. Ronald W. Van Auker, a married man dealing with his
sole and separate property
For: Declaration of Perpetual Easement
360. INTENTIONALLY DELETED
361. INTENTIONALLY DELETED
362, INTENTIONALLY DELETED
363. INTENTIONALLY DELETED
26
PARCEL 28 SITE 22
THE FOLLOWING EXCEPTIONS AFFECT PARCEL 28:
364. INTENTIONALLY DELETED
365, General and Special Taxes for the year 2022, an accruing lien not due or payable until the fourth
Monday in November 2022 when the bills are Issued, the first half of which is not delinquent until.
after December 20,2022.
366. Any tax,fee,assessments or charges as may be levied by City of Boise,none due and payable as of
the date of final polity.
367. Any tax, fee, assessments or charges as may be levied by Nampa and Meridian Irrigation District,
none due and payable as of the date of final policy.
368. Any tax,fee, assessments or charges as may be levied by Settlers Irrigation District, none due and
payable as of the date of final policy.
369. Any and all offers of dedication,conditions,restrictions,easements,notes and/or provisions shown
or disclosed by the filed or recorded map of TRUSTMARK SUBDIVISION,filed in Book 78 of Plats at
Pages 8314 and 8315,referred to in the legal description.
370. A 50%(fifty percent)Reservation of Minerals,and the terms and provisions thereof,in a deed
recorded April 2, 1947 in Book 305 of Deeds at Page 372.
Assignment as evidenced by Quitclaim Deed recorded May 19,2003,as Instrument No. 103082103,
Records of Ada County,Idaho.
371. Easement,Including terms and provisions contained therein:
Recording Information: 100075930
In Favor of: Ronald W. Van Auker, a married man dealing with his
sole and separate property
For: Declaration of Perpetual Easement
372. Easement,Including terms and provisions contained therein:
Recording Information: 102118719
In Favor of: Ronald W. Van Auker, a married man dealing with his
sole and separate property
For: Declaration of Perpetual Easement
373. Covenants, conditions, restrictions and/or easements, but deleting any covenant, condition or
restriction Indicating a preference, limitation or discrimination based on race, color, religion, sex,
handicap, family status, or national origin to the extent such covenants, conditions or restrictions
violate Title 42,Section 3604(c),of the United States Codes:
Recording Information: 102118720
Assignment of Declarants Rights to Adler AB Industrial,LLC recorded May 10,2019,as Instrument
No.2019039068. '
374. INTENTIONALLY DELETED
375. INTENTIONALLY DELETED
376, INTENTIONALLY DELETED
377. INTENTIONALLY DELETED
27
PARCEL 29 SITE 23
THE FOLLOWING EXCEPTIONS AFFECT PARCEL 29:
378. INTENTIONALLY DELETED
379. General and Special Taxes for the year 2022, an accruing lien not due or payable until the fourth
Monday in November 2022 when the bills are issued, the first half of which is not delinquent until
after December 20,2022.
380. Liens,levies and assessments by City of Boise,none due and payable as of the date of final policy.
381. Liens,levies and assessments by Nampa Meridian Irrigation District,none due and payable as of the
date of final policy.
382. Liens,levies and assessments by Settlers Irrigation District,none due and payable as of the date of
final policy.
383. Easements,reservations,restrictions and dedications as shown on the plat of said Subdivision,filed
in Book 78 of Plats at Pages 8314 and 8315, referred to in the legal description.
384. A 50%Reservation of Minerals,and the terms and provisions thereof,in a deed recorded April 2,
1947 in Book 305 of Deeds at Page 372,Records of Ada County,Idaho
Assignment as evidenced by Quitclaim Deed recorded May 19,2003,as instrument No. 103082103,
Records of Ada County, Idaho.
385. Covenants,Conditions, Restrictions and Easements recorded October 15, 2002,as Instrument No.
102118720,Ada County Records, but deleting any covenant,condition or restriction indicating a
preference,limitation or discrimination based on race,color,religion,sex,handicap,fanAial status,or
national origin to the extent such covenants,conditions or restrictions violate 42 USC 3604(c).
Assignment of Declarants Rights to Adler AB Industrial,LLC recorded May 10, 2019,as Instrument
No.2019039068.
386. Easement,including terms and provisions contained therein:
Recording Information: 114000423
In Favor of: Ada County Highway District
For: permanent slope easement
387. INTENTIONALLY DELETED
388, INTENTIONALLY DELETED
389, INTENTIONALLY DELETED
390, INTENTIONALLY DELETED
28