Recorded Maintenance AgreementDECLARATION OF MAINTENANCE COVENANT
THIS DIELARATION OF MAINTENANCE COVENANT (the "Declaration") is
executed by SANG LL.0 an Utah limited liability company ("Declarant" and
recorded against the certain real property owned by Declarant set forth on
EXHIBIT A, attached herto, and incorporated herein by reference (the "Property")
Declarant hereby declares that,for so long as the Property continues to be ussCa
as a multi -family residental development, it shall be held, leased, occupied, ijs!:Id
and ii niproved subject to the following covenants and conditions, all of which a e
for the purpose of uniformly enhancing and protecting the value, attractiveness
and de;:irability of the Property.
1, Declarant shall cause to be maintained all of the Improvements in a
ccrnmerciaily reasonable manner. Said Improvements include, but are not
liryiited to the apartment buildings, clubhouse, amenities, carports, garages
and common area light fixtures. No Improvement shall be permitted to fall i -ito
diset air, and each Improvement shall at all times be kept in good condition
arl: r )pair.
2. Cec iarant shall cause to be maintained all of the landscaping improvem+: ms
c.'A'16A by Declarant and constructed throughout the Property and any owned
gr,Re;scape areas located on the Property in a commercially reasonable
rrrr. Ir er, including but not limited to repairing and areplacing, when necessary.,
blL:;7rrtatic sprinkler systems and water lines, and replacing of shrubs, trees,
and tither landscaping when necessary.
3. C)elarant shall cause any Declarant owned roads, walkways and sidewalk
with the Property to be maintained in a commercially reasonable manner,
ir:a; Lp'ing but not limited to repairing, seai coating, and resurfacing, when
ne4.e sary, all paved surfaces in a level, smooth and evenly covered conditi;;ln
EA. !ILI ' 1e type of surfacing material originally installed or such substitute as
sq, ll in all respects bas equal or superior in quality, use and durability; and
nstriping, when necessary.
4. Dec'arant shall cause the removal of any snow, papers, debris, filth and
nfusv and shall thoroughly sweep the Property to the extent reasonably
rte-le_,sary to keep the Property in a clean and orderly condition.
., ADA COUNTY RECORDER Christopher D. Rich 2016-086405
BOISE IDAHO Pgs=g DAWN TRIVOLIS 09/13/2016 02:42 PM
RAMSEY CONSTRUCTION AMOUNT:$34.00
00273097201600868640500900090092 I
5. Declarant shall cause any erosion control and other similar features,
including but not limited to, retaining walls and other similar features, on the
Property to be maintained in a commercially reasonable manner and in
compliance with all applicable laws and regulations.
6. Ieclarant shall cause any Declarant owned area drains, or storm water
systems (not including any such systems owned by the legal responibility of
parties other than Declarant but located on the Property) to be maintained if a
commercially reasonable manner and in compliance with all applicable law,
and regulations.
7. Declarant shall maintain in a commercially reasonable manner and in
c;i:Hance with applicable laws and regulations any Declarant owned sewer
lal rats from any stuctures on the Property to the point that such laterals
c-.)i n act with sewer systems owned by or controlled by parties other than
E,c: l€=_rant.
8. Dec'iarant shall mantain in a commercially reasonable manner and in
c:)rnpliance with all applicable laws and regulations any Declarant owned
culinary water systems from any structures on the Property to the point that
s.u,h systems connect with culinary water systems owned by or controlled by
pa. J( s other than Declarant.
9. Declarant shall cause all fences insta€led by it on the Property to be
maintained, repaired, and replaced, when necessary, in a commercially
reasonable manner.
10. Pe, laranct may employ or contract with any professional management
in ,)any or service provider deemed appropriate by it to perform any or a"I of
tl e rove^ants and conditions set forth in this Declaration or tc; other assit in
the -naintenance and management of the Property.
11. Pe(aarant may grant any and all easements, whether permar ent or
[r: maorary, exclusive or non-exclusive, in its sole and absolutE, descretion in
a d€ r to perform any or all of the covenants or conditions set forth hereunder
), tf otherwise manage the Property in a commercially reasonable manner.
12. I. e .larant may institute and impose any rules, regulations or aolicies not
", cl ibited by law on any occupant of the Property in order to accomplish the
q a s of this Declaration or otherwise manage the Property in a commercially
rr asonable manner deemed appropriate by Declarant.
13. r atiiing In this Deciartion shall be deemed to be a gift or dedication of the
F1 operty, or any portion therof, to the public, or for any public use.
14. I:. vF>.ry person who occupies or acquires any right to use any portion of the
" oi-)erty does and shall be conclusively deemed to consent to this
D :6aration and the covenants, conditions and provisions set forth herein.
15. / irendment of this Declaration may be undertaken by Declarant or its
s, c,essors in interest to the Property so long as such amendment does not
le" .)iato and legally binding provision of any recorded Development
r'l, Ilr ement, or any state or local ordinance or law.
16. is & Iarant makes no representations or warranties to any third party of any
ICI is , express or implied, with respect to the Property, its physical condition, it
HI IEss for any intended use or purpose, its compliance with &iy laws or
rr gulations except as is specifically set forth and stated in this Declaration.
17. -1 'ii Declaration shall run with the land and be binding upon and inure to the
b n1it of Declarant and any and all succerssors in interest of Declarant to
tt 1 )wnership of the Property.
1 & 1 i t!ie event that Declarant or any successor in interest is coriposed of more
fl, it one person or organization, the obligations of said Declarant shall be
c: n . and several.
19. '1 hi-, Declaration and any amendment or modification shall be recorded in
It and records of .Ada County Idaho.
II° WITNESS WHEREOF, this Declaration has been executed effective as of
day a id year or its recording in the legal real property records of Ada Count, ID
SANC LLC an Utah LLC
By is managing m9mber
Derk Pardoe
ST�;I-iF OF UTAH )
ss.
County of Salt Lake )
OI this day of 5e ern }c Ad in the year of 2016, before me, a
Notary Pu blicdl in and for the State of Utah, personally appeared Derk Pardoe
know-i or identified to me to be a Member of SANG LLC a Utah LLC and who
subsc gibed said name to the foregoing instrument, and acknowdedged to me that
he executed tha same in said company name
IN WITNESS WHEREOF, I have herunto set my hand and affixed my official
seal the day and year first above written.
NOTARYPUBLIC
HEATHER TAF1
686490
COMMISSION EXPIRES
DECEMBER 18, 2019
STATE OF UTAH
Notary public for Utah s�hd , LA T
Residingat9t'i)S,�CDCZ• OH0,13
My commission expires:bec 19 ;A I
Recording Requested By and
When Recorded Return to:
Peter F. Ziblatt
Wells Fargo Bank, National Association
333 Market Street, 17th Floor
San Francisco, CA 94105
SLELMICALWREOMM. DO NOT
REMU ETHEMUNTYSTAMPEDRRST
WORMEDAS
FMQFT F.ORGIWO@0M
SPACE ABOVE TH]S L1NE FOR RECORDER'S USE ONLY
SPECIAL WARRANTY DEED
THE GRANTOR, Wells Fargo Bank, National Association, for and in consideration of Ten
Dollars ($10.00) and other valuable consideration in hand paid, grants, bargains, sells and
conveys to S.A.N.C. Investments, L.L.C., a Utah limited liability company, Grantee, whose
address is 3454 Stone Mountain bane, Sandy, Utah 84092, the real estate and all appurtenances,
easement3 and rights thereto (the "Propel-ty"), situated in the County of Ada, State of Idaho, and
described in Exhibit A annexed hereto and incorporated herein.
GRANTOR, for itself and its successors in interest, does by these presents expressly Iimit the
covenants of this deed to those herein expressed, and excludes all covenants arising or to arise by
statutory or other implication, and does hereby covenant that against all persons whomever
lawfully Maiming or to claim by, through or under Grantor and not otherwise, Grantor will
forever warrant and defend such described Property, subject to the matters described on
Schedule 1 attached hereto.
DATED this _L day of December, 2013.
WELLS FARGO BANK, National Association
By:
4F.Zi Vice President
[Notary acknowledgment onfollowingPage-]
SPECIAL WARRANTY DEED - ]
EXHIBIT A, PAGE 1
5
CALIFORNIA ALL-PURPOSE ACKNOWLFDGIVIENT
CIVIL CODE § It 89
STATE OF Califomia ss.
COUNTY OFAil�'PJhO
p 20�0 before me,
On 1PfiYr Qi�' 14 Here Insert NOLW and Title Of Officer
personally
®14%111115i8SS�g
� e
Place Notary Seal Above
and who proved to me that heishe executed the same in bisiber
authorized capacity and that by his/her signature on the
instrument the person, or the entity upon behalf of which the
person acted, executed the instrument.
I certify under PENALTY OF PERJIIRY under the laws of
the State of California that the foregoing paragraph is true and
correct _
WITNESS my
- OPTIONAL - __ s.r-_-_------ ----- _— —_---
Thoazgh this section is optional, completing this information can deter alteration ofthe document or fraudulent
reattachment of this for+n to an unintended document.
Description of Attached Document
Title of Type of Document: Stec WmWmTan Than Named Above:
NumberofPages: gn O
Capacity Claimed by Signer(s)
Signer's Name:
Corporam Officer — TkKa):
Partner—❑ Limited []General
Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or conservator
other:
Is Representing: .
Notary
SPECIAL WARRANTY DEED - 2
Document Date: 201—
EXHIBIT A, PAGE 2
Exhibit A
to e.,Py( WarrantvDeed
LeDescription
LEGAL DESCRIPTION: Real property in the County of Ada, State of Idaho, described
as follows:
PARCEL A.
A parcel of land being a portion of the Southeast Quarter of the Southwest
Quarter of Section 13, Township 3 North, Range 3 West, Boise Nleridian, Ada
County, Idaho and more particularly described as follows:
CONCING at an iron pin marking the South Quarter corner of said Section
13; thence along the South boundary of said Section 13, which is also the
centerline of West Overland Road;
North 89026'27" West 1327,84 feet to an iron pin marking the Southwest comer
of said Southeast Quarterof the Southwest Quarter of Section 13; g the West boundary of said Southeast Quarter
ence leaving
arter
said South boundary along
Southwest Quarter of Section 13
N orth OO° 13' 19" East, formerly North 00°06'5 1" East 48.00 feet to an iron pin on
the North right of way line of said West Overland Road, said point being the
POINT OF BEGINNING; thence continuing
North 00° 13' 19" East 1075.99 feet to an iron pin on theof Way line right of way Line of
Interstate Highway I-84; thence along said South right
South 89152152" East 1327A6 feet, formerly South 89°53'39" East 1325.21 feet
to an iron pin on the East boundary of said
Southeast
> t e hQ�ay of the Souongthwestsaid East
Quarter of Section 13; thence leaving g
boundary of the Southeast Quarter of the Southwest Quarter of Section 13
south 00012'01" West, formerly South 00°00'00" West 585.98 feet to an iron
pin; thence leaving said East boundary
South 90°00'00" West 578.50 feet to an iron pin; thence
South 00006'51" West 494.56 feet to an iron pin on said North right of way line
of West Overland Road; thence along said North right of way line
North 89°26'27" West 750.07 feet to the POINT OF BEGINNING.
EXHIBIT A, PAGE 3 "
The above described parcel of land is now described as
ercial
nter Subdivision, according
plat thereof, filed in Book 101 of PlLots in Block 1 of Kennedy ats eat Pages13409-13412, Ada County to the
Records.
LESS AND EXCEPTING:
Lots 1, 6, 10,11,12 and 13 in Block 1 of Kennedy Commercial Center
Subdivision, according to the plat thereof filed in Book 101 of Plats at Pages
13409-13412, Ada County Records.
PARCEL B:
Parcel B of Record of Survey 8610, recorded August 12, 2009, as Instrument No.
109094159, being a parcel of land situated in the Southeast Quarter
Of the
Boise
Southwest Quarter of Section 13, Township 3 North, Rang
e I Meridian, being all of Lot 6 in Block I and a portion of Lot 10 in Block 1 of
KENNEDY COMMERCIAL CENTER SUBDIVISION, recorded. in Book 1 of
Plats at Pages 13409-13412, Records of Ada County, particularly
described as follows:
BEGINNING at the Northwest corner of Lot 10 in Block 1 of said subdivision;
thence, along the northerly line of said Lot 10,
South 89°34'29" East, 5.00 feet; thence, parallel with the westerly line of said
Lot 10,
South 00031'50" West, 251.56 feet; thence,
South 89528'10" East, 341,54 feet to the easterly line of said Lot 10; thence, along
the easterly line of said Lot 10 and Lot 6,
South 00°2633" West, 560.32 feet to the Southeast corner of said Lot 6; thence,
along the southerly line of said Lot 6,
North 99007153" West, 347.41 feet to the Southwest corner of said Lot 6; thence,
along the westerly Iine of said Lot 6 and Lot 10,
North 00°31'50" East, 809.82 feet to the POINT OF BEGINNING.
EXHIBIT A, PAGE 4
ScheduleI
to Snecial Warranty Deed
This conveyance is made and accepted subject to all restrictions, reservations, d related and
exceptiors appearing of record in the official public records of real property erty
predecessor Property records) of the County in which the Property is located, to the extent such
ng without limitation: all restrictions, reservations,
matters are applicable to the Property, includi
covenants, and exceptions listed in the commitment for title insurance issued in connection with
this Deed.
This conveyance is also made and accepted subject to the �ori odwing, bruteed only ots and o the extent
restrthat
they are still in effect and affect the Property- (l) a
tive
covenants affecting the Property; (2) discrepancies, conflicts and shortages in area or boundary
lines, or any encroachments or any overlapping of improvements; (1) taxes for the current sage ar
and subsequent years and subsequent assessments for prior years due to change
in land is or roads,
ownership; (4) existing building and zoning restrictions 5 hrerdimaneated(ox assumed as security
easements visible upon the ground, easements of record; ( )
for the purchase price; (7) rights or privileges of public service companies and utility easements
of record or common to any platted subdivision of which the Property is a part; (8) reservations
or other exceptions of record or known to the Grantee; (9) the terms and provisions of any
declaration, by-laws and rules and regulations of any condominium regime or homeowner's
association pertaining to the Property, as amended, includingontthe platted lease easements sirrand
assessments set out therein; (10) the terms of any ground p rty;
agreements, if any; (11) any matters that would be reflected on a current survey of the Pro e
(12) any other liens, encumbrances, easements, covenants or restrictions of record or known to
the Grantee; (13) rights of parties in possession; (14) any and all other restrictions and zoning
laws, regulations and ordinances of municipal and/or other governmental authorities.
Grantee and its agents having completed a full inspection of the Property and
d army,
improvements located thereon, there is no warranty, express or implied, made or giver"
Grantor.except as to title as herein given and limited; the Property is conveyed "AS -IS,
"WHERE IS," and no warranty or representation of any kind, express or implied, is made as to
the condition of the Property, whether improvements or fixtures, sub -soil conditions, or natural
or man-made conditions an or under the Property or otherwise; GRANTEE DOES HEREBY
WAIVE, AND GRANTOR DOES HEREBY DISCLAIM, ALL REPRESENTATIONS['IAND
WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND,
YPE
WHATSOEVER WITH RESPECT TO THE PROPERTY, including by way of description but
not limitation, those of CONDITION, CHARACTERISTICS, NMRCHANTABILITY,
TENANTABILITY> HABIT -ABILITY, SUITABILITY, and FITNESS FOR A PARTICULAR
PURPOSE OR USE, and Grantee releases Grantor from any claim, cause of action or other
assertion of right with regard thereto.
6559425_2
EXHIBIT A,PAGE 5