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TM Creek Sub No. 2 Sewer and Water Main Easement Declaration and Grant of EasementADA COUNTY RECORDER Christopher D. Rich 2017-106869 BOISE IDAHO Pgs=12 CHE FOWLER 11/07/2017 04:19 PM TITLEONE BOISE $43.00 When recorded, please return to: Brighton Land Holdings LLC 12601 W. Explorer Drive Suite 200 Boise Idaho 83713 CORRECTION RECORDING (TM Creek #2) The following Declaration and Grant of Easement, dated August 29, 2017, was recorded on August 30, 2017, as Instrument No. 2017- 081211, in the records of Ada County, Idaho. The Declaration and Grant of Easement is hereby modified to amend the Legal Description due to reconfiguration of the lots on the unrecorded plat for TM Creek Subdivision No. 2. This Correction Page is now incorporated as part of the original document. ADA COUNTY RECORDER Christopher D. Rich 2017-081211 After recording return to: BOISE IDAHO Pgs=6 BONNIE OBERBILLIG 08/30/2017 08:09 AM Brighton Land Holdings LLC TITLEONE BOISE $25.00 12601 W. Explorer Drive, Suite 200 Boise, Idaho 83713-LECTROmCn,LY RECORDED STAMPED FIRST PAGE NOW ART OF DECLARATION AND GRANT OF EASEMENT rHE ORIGINAL DOCUMENT. (TM Creek Subdivision No. 2) THIS DECLARATION AND GRANT OF EASEMENT is effective this day of August, 2017, ("Effective Date") by BRIGHTON LAND HOLDINGS LLC, an Idaho limited liability company, whose address is 12601 W. Explorer Drive, Suite 200, Boise, Idaho 83713 and SCS TM CREEK LLC, an Idaho limited liability company, whose address is 855 W. Broad Street, Suite 300, Boise, Idaho 83702, as tenants in common, collectively "Grantor". RECITALS: A. Grantor owns that certain real property described on Exhibit A and shown on Exhibit B attached hereto and incorporated by reference ("Easement Area"); B. Grantor is developing property adjacent to the Easement Area as a commercial subdivision known, and to be recorded as, TM Creek Subdivision No. 2 ("Subdivision"); C. As a condition for approval of the Subdivision, the City of Meridian and Ada County Highway District require that Grantor grant an easement across the Easement Area for cross access and utilities; and D. Accordingly, Grantor desires to grant a non-exclusive easement on the Easement Area based on the terms and conditions stated herein. DECLARATION: follows: NOW, THEREFORE, for good and valuable consideration, Grantor grands and declares as 1. Grant of Easement. Grantor hereby grants and conveys a non-exclusive easement over, across, and through the Easement Area for the purpose set forth below ("Easement"), 2. Purpose of Easement. The Easement shall be used for ingress and egress of vehicular travel, including emergency vehicles, and the installation and operation of public utilities. 3. Public Street or Permanent Drive. In the event any portion of the Easement Area becomes a public street and dedicated to Ada County Highway District, the portion of the Easement contained therein shall automatically terminate and become null and void and of no further force or effect as to that portion of the Easement. If the Easement Area is later designated as a Permanent Drive in a supplement or amendment to the Master Declaration governing the Subdivision, recorded as Instrument No. 2016-065448, in the records of Ada County, Idaho, the terms of the Master Declaration shall govern the Easement Area. 4. Not a Public Dedication. Nothing contained in this Easement shall, or shall be deemed to, constitute a gift or dedication of any portion of the Easement Area to the general public or for the benefit of the general public or for any public purpose whatsoever. DECLARATION OF EASEMENT — Page 1 After recording return to: Brighton Land Holdings LLC E=LECTR0NtC,,,LY RECORDED 12601 W. Explorer Drive, Suite 200 Boise, Idaho 83713 STAMPED FIRST PAGE N0V1 INCORPORATED AS PART OF THI� ORIGINAL NT. DECLARATION AND GRANT OF EASEMENT (TM Creek Subdivision No. 2) THIS DECLARATION AND GRANT OF EASEMENT is effective this A4day of August, 2017, ("Effective Date") by BRIGHTON LAND HOLDINGS LLC, an Idaho limited liability company, whose address is 12601 W. Explorer Drive, Suite 200, Boise, Idaho 83713 and SCS TM CREEK LLC, an Idaho limited liability company, whose address is 855 W. Broad Street, Suite 300, Boise, Idaho 83702, as tenants in common, collectively "Grantor". RECITALS: A. Grantor owns that certain real property described on Exhibit A and shown on Exhibit B attached hereto and incorporated by reference ("Easement Area"); B. Grantor is developing property adjacent to the Easement Area as a commercial subdivision known, and to be recorded as, TM Creek Subdivision No. 2 ("Subdivision"); C. As a condition for approval of the Subdivision, the City of Meridian and Ada County Highway District require that Grantor grant an easement across the Easement Area for cross access and utilities; and D. Accordingly, Grantor desires to grant a non-exclusive easement on the Easement Area based on the terms and conditions stated herein. DECLARATION: NOW, THEREFORE, for good and valuable consideration, Grantor grands and declares as follows: 1. Grant of Easement. Grantor hereby grants and conveys a non-exclusive easement over, across, and through the Easement Area for the purpose set forth below ("Easement"). 2. Purpose of Easement. The Easement shall be used for ingress and egress of vehicular travel, including emergency vehicles, and the installation and operation of public utilities. 3. Public Street or Permanent Drive. In the event any portion of the Easement Area becomes a public street and dedicated to Ada County Highway District, the portion of the Easement contained therein shall automatically terminate and become null and void and of no further force or effect as to that portion of the Easement. If the Easement Area is later designated as a Permanent Drive in a supplement or amendment to the Master Declaration governing the Subdivision, recorded as Instrument No. 2016-065448, in the records of Ada County, Idaho, the terms of the Master Declaration shall govern the Easement Area. 4. Not a Public Dedication. Nothing contained in this Easement shall, or shall be deemed to, constitute a gift or dedication of any portion of the Easement Area to the general public or for the benefit of the general public or for any public purpose whatsoever. DECLARATION OF EASEMENT — Page 1 5. Binding on Successors; Runs with Land. This Easement shall be recorded in the official records of Ada County, State of Idaho, and shall be binding on the successors and assigns of Grantor and shall run with the land. 6. Recitals and Exhibits. The recitals and exhibits to this Easement are hereby incorporated herein by reference and made a part hereof. EFFECTIVE as of the Effective Date. BRIGHTON LAND HOLDINGS LLC an Idaho limited liability company By: Brighton Corporation, an Idaho corporation Manager By: Blake R. Alder, President STATE OF IDAHO SCS TM CREEK LLC an Idaho limited liability company By: SCS Management LLC, an Idaho limited liability company, nager By: SkhV-6WC. Smith, Manager ss. County of Ada ) On this day of August, 2017, before me a Notary Public of said State, personally appeared Blake R. Alder, known or identified to me to be the President of Brighton Corporation, the Manager of Brighton Land Holdings LLC, the company that executed the instrument or the person who executed the instrument on behalf of said company, and acknowledged to me that such company executed the same. IN WITNESS WHEREOF, I have hereunto set my h�+,?d and affixed my official seal the day and year in this certificate first above written. 1 h i 1 n =NOTARYPUB3LIC Notary ublic for daho My Commission expires Z�Z3 STATE OF IDAHO ss. County of Ada ) On this �_ day of August, 2017, before me a Notary Public of said State, personally appeared Steven C. Smith, known or identified to me to be the Manager of SCS Management LLC, the Manager of SCS TM Creek LLC, the company that executed the instrument or the person who executed the instrument on behalf of said company, and acknowledged to me that such company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year :rtificate first above written. HILLARY HOLGATE PYPER Notary Public State of Idaho Notary Public fog Idaho My Commission xpire DECLARATION OF EASEMENT — Page 2 August 9, 2017 Project No. 116129 EXHIBIT A Easement Area Description Exhibit "A" TM CREEK SUBDIVISION NO.2 ACCESS AND UTILITIES EASEMENT DESCRIPTION A parcel of land located in the Northwest One Quarter of the Northwest One �u�arter of Section 14, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, ging more particularly described as follows: Commencing at the Northwest Corner of Section 14 of said Township 3`North, Range 1 West; Thence South 00'33'33" West, a distance of 392.01 feet on the wes� ine of said 14; Thence South 89'26'50" East, a distance of 401.35 feet to the no east corner of TM Creek Subdivision No. as same Is shown on the Plat thereof, recorded in Book 110 of Pla3iat Page 15663 of Ada County Records; Thence North 45'33'10" East, a distance of 36.06 feet to the PINT OF BEGINNING; Thence North 89° 26'50" West, a distance of 60.3,6 feet; Thence North 68' 03' 10" East, a distance of 44.89 feet; Thence North 45' 33' 10" East, a distance of 12.64 feet; Thence North 02° 06' 47" East, a distance o�34.36 feet to a point of curve; Thence 75.19 feet on the arc of a curve tplthe right, said curve having a radius of 174.82 feet, a central angle of 24" 38'35", a chord bearing of N rth 28' 20' 12" West, and a chord length of 74.61 feet to a point of curve; Thence 51.19 feet on the arc of a cu7e to the right, said curve having a radius of 210.50 feet, a central angle of 13" 55' 58", a chord bearir� of South 84' 05'50" West, and a chord length of 51.06 feet; Thence North 88' 56' 11" West, a distance of 46.36 feet; Thence North 01'03' 49" East, distance of 47.00 feet; Thence South 88' 56' 11" East a distance of 46.36 feet to a point of curve; Thence 43.52 feet on the arc of a curve to the left, said curve having a radius of 163.50 feet, a central angle of 15' 1508", a chor6 bearing of North 83' 26'15" East, and a chord length of 43.40 feet; Thence North DO" 33' 10" East, a distance of 113.18 feet to a point on the southerly right-of-way line of West Franklin Road; Thence South 89° 09' ?'7" East, a distance of 51.00 feet on said right-of-way line; Thence South 00° 33Y10" West, a distance of 109.70 feet to a point of curve; Thence 85.95 feet/on the arc of a curve to the left, said curve having a radius of 123.82 feet, a central angle of 39° 46' 277", a chord bearing of South 19' 20'03" East, and a chord length of 84.24 feet; Thence South $p° 59' 43" East, a distance of 40.51 feet to a point of non -tangent curve; Thence 96.85 feet on the arc of a curve to the right, said curve having a radius of 200.50 feet, a central angle of 27' 0'31", a chord bearing of North 76' 48'16" East, and a chord length of 95.91 feet; Thence io th 89' 21'28" East, a distance of 73.16 feet; ThenceOrth45° 36'06" East, a distance of 36.78 feet; Thenceorth 00° 33'41" East, a distance of 135.77 feet to a point on the southerly right-of-way line of West/Franklin Road; EXHIBIT A to DECLARATION OF EASEMENT Thence North 84' 21'40" East, a distance of 51.30 feet on said right-of-way line; Thence South 00' 33'41" West, a distance of 143.43 feet; Thence South 44' 29'06" East, a distance of 33.98 feet; Thence South 89' 21'28" East, a distance of 11.73 feet; Thence South 00' 38'32" West, a distance of 51.00 feet; Thence South 31'04'25" West, a distance of 25.33 feet to a point of curve; Thence 23.99 feet on the arc of a curve to the left, said curve having a radiu}%of 137.50 feet, a central angle of 09' 59'48", a chord bearing of South 38' 42'34" East, and a chord length of 23.96 feet; Thence South 43'42'28" East, a distance of 9.42 feet; Thence South 46' 17'32" West, a distance of 51.00 feet; � Thence North 43' 42'28" West, a distance of 9.42 feet to a point of cufrve; Thence 64.29 feet on the arc of a curve to the right, said curve having a radius of 188.50 feet, a central angle of 19' 32'29", a chord bearing of North 33' 56' 14" West, nd a chord length of 63.98 feet; Thence North 54' 51'40" West, a distance of 41.21 feet; Thence North 89' 21'28" West, a distance of 81.59 feet to a �oint of curve; Thence 117.65 feet on the arc of a curve to the left, said,curve having a radius of 149.50 feet, a central angle of 45' 05' 22", a chord bearing of South 68' 05'5V / West, and a chord length of 114.64 feet, Thence South 45' 33' 10" West, a distance of 52.84 fe6i; Thence South 23' 03' 10" West, a distance of 44.89 feet; Thence North 00' 33' 10" East, a distance of 60.36,feet to the point of beginning. PREPARED BY: THE LAND GROUP, INC. James R. Washburn EXHIBIT A to DECLARATION OF EASEMENT EXHIBIT B Depiction of Easement Area S.10 S.11 W. FRANKLIN RD. — — — 5.15 S.14 NW CORNER SECTION 14 — — T.3N., R.iW., B.M. �r�L, L9 L15 mi to I I iv lao UZE 1=' I J " ` �D CS L18 589 26'50'E 48.00' L5 C2 ` (1� + — --� L19— 0 L3 .� 1 �' 125 60 N ` L21 w = S8976'50'E 353.35' U O n t N45'33'10'E 36.06' ✓� Cn R POINT OF BEGINNING m I I Lze I O I O I Ci � t J i z oLU i t o I olyPL LAh, 4 1 1/16` w 7880 LS.15 S.14 'qrff' 9�fOF10o R. WA54� Easem fit Plan HCR20NTAL SC i' . 4S8' -- A►; l!►r'i LAND GROUP ' ""�'` I i im tl it t4Y MiYrn Y ;N �::. �: .. , . w, ,u Exhibit B °- [-:wt° TM Creek Subdivision Ingress/Egress Easementil Who 1 Of 2 1Aerkfan EXHIBIT B to DECLARATION OF EASEMENT Curare Table CURVE LENGTH RADIUS DELTA CHORD BEARNG CHORD LENGTH C1 175.19' 174.82' 24'38'35" N282012'W 74.61' C2 51.19 210.50' 13'55'58" S84'05'5TW 51.06' C3 43.52' 163.50' 15'15'08' N8326'1 5"E 43.40' C4 185.95' 123.82' 39'46'27" S19'20'03"£ 84.24' C5 96.85' 200.50' 21'40'31" N76'48'16"E 95.91' C6 23.99' 137.50' 9'59'48" 538'42'34"E 23.96' C7 64.29' 188.50' 19'32'29" N33'56'14'W 63.98' CS 117.65' 149.50' 45'05'22' S8B'05'51'W 114.64' Line Table UNE BEARING LENGTH Li N89'26'50"W 60.36' L2 N681)3'10"E 44.89' L3 N45'33'10'E 1264' L4 NO2'06'47'E 34.36' L5 N88'S III 46.36' L6 NOt'03'49'E 47.00' L7 S88'S6'11'E 46.36' L8 NOW3310'E 113.18' L9 S89'09'27'E 51.00' L10 S00'3310'W 109.70' 40 Line Table LINE BEARING LENGTH 01 S80'5913"E 40.51' L12 S8971'28"E i 73,16- L13 N45 -36.06"E 36.78' L14 N00733'41"E 135,77- L15 N84'21'40'E 51.30' L16 S00733'41'W 143.43' L17 S44'29'061 ,33.98 ` LI8 589'21'28"�' 11.13' L 1 9 S00'38;32"W 51.00' L20 S31'U4'25'W 25.33' r Line Table,,' LINE BEARING' LENGTH L21 543'42'281 9.42' L22 54617'32"W 51.00' L23., H43'42'28'W 9.42- .42'.X24 A 24 N54'51'40"W 41.21' L25 N89'21"28"W 81.59' L26 N45'33'10"E 5284' L27 S23'03'10'W 44.89' L28 N00'33'10"E 6036' Eghent Curve & Line Tables THE LAND GROUP 3K"` °" ,M TM Creek Subdivision No. 2 462 Ere �Y�rr, t 10 ft:,e 2c99I949+ JFu, ^039??:::y Ingress/Egress Easement Exhibit Nondan Who EXHIBIT B to DECLARATION OF EASEMENT 2 of 2 November 1, 2017 Project No. 116129 THE LAND GROUP, INC. Exhibit "A" TM CREEK SUBDIVISION NO. 2 ACCESS AND UTILITIES EASEMENT DESCRIPTION A parcel of land located in the Northwest One Quarter of the Northwest One Quarter of Section 14, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the Northwest Corner of Section 14 of said Township 3 North, Range 1 West; Thence South 00033'33" West, a distance of 392.01 feet on the west line of said 14; Thence South 89'26'50" East, a distance of 401.35 feet to the northeast corner of TM Creek Subdivision No. as same is shown on the Plat thereof, recorded in Book 110 of Plats at Page 15663 of Ada County Records; Thence North 45"33'10" East, a distance of 36.06 feet to the POINT OF BEGINNING; Thence North 89° 26'50" West, a distance of 60.36 feet; Thence North 68" 03' 10" East, a distance of 44.89 feet; Thence North 45° 33' 10" East, a distance of 12.64 feet; Thence North 020 06'47" East, a distance of 34.36 feet to a point of curve; Thence 75.19 feet on the arc of a curve to the right, said curve having a radius of 174.82 feet, a central angle of 24° 38'35", a chord bearing of North 28" 20' 12" West, and a chord length of 74.61 feet to a point of curve; Thence 51.19 feet on the arc of a curve to the right, said curve having a radius of 210.50 feet, a central angle of 13' 55'58", a chord bearing of South 84° 05'50" West, and a chord length of 51.06 feet; Thence North 88° 56' 11" West, a distance of 86.44 feet; Thence North 07° 01'01" East, a distance of 47.25 feet; Thence South 88" 56' 11" East, a distance of 81.54 feet to a point of curve; Thence 43.52 feet on the arc of a curve to the left, said curve having a radius of 163.50 feet, a central angle of 15° 15'08", a chord bearing of North 83° 26' 15" East, and a chord length of 43.40 feet; Thence North 00° 33' 10" East, a distance of 113.18 feet to a point on the southerly right-of-way line of West Franklin Road; Thence South 89' 09' 27" East, a distance of 51.00 feet on said right-of-way line; Thence South 00° 33' 10" West, a distance of 109.70 feet to a point of curve; Thence 85.95 feet on the arc of a curve to the left, said curve having a radius of 123.82 feet, a central angle of 39° 46' 27", a chord bearing of South 19° 20'03" East, and a chord length of 84.24 feet; Thence South 80° 59'43" East, a distance of 40.51 feet to a point of non -tangent curve; Thence 96.85 feet on the arc of a curve to the right, said curve having a radius of 200.50 feet, a central angle of 27" 40' 31", a chord bearing of North 76" 48' 16" East, and a chord length of 95.91 feet; Thence South 89" 21' 28" East, a distance of 73.16 feet; Thence North 45" 36'06" East, a distance of 36.78 feet; Thence North 00° 33' 41" East, a distance of 135.77 feet to a point on the southerly right-of-way line of West Franklin Road; Site Planning * Landscape Architecture * Civil Engineering * Golf Course Irrigation & Engineering * Graphic Design * Surveying 462 E. Shore Drive, Suite 100 * Eagle, Idaho 83616 • P 208.939.4041 * www.thelandgroupinc.com Thence North 84° 21'40" East, a distance of 51.30 feet on said right-of-way line; Thence South 000 33'41" West, a distance of 143.43 feet; Thence South 44" 29'06" East, a distance of 33.98 feet; Thence South 89' 21' 28" East, a distance of 11.73 feet; Thence South 00" 38'32" West, a distance of 51.00 feet; Thence South 31° 04'25" West, a distance of 25.33 feet to a point of curve; Thence 23.99 feet on the arc of a curve to the left, said curve having a radius of 137.50 feet, a central angle of 09° 59'48", a chord bearing of South 38° 42'34" East, and a chord length of 23.96 feet; Thence South 43° 42' 28" East, a distance of 9.42 feet; Thence South 46° 17' 32" West, a distance of 51.00 feet; Thence North 43° 42' 28" West, a distance of 9.42 feet to a point of curve; Thence 64.29 feet on the arc of a curve to the right, said curve having a radius of 188.50 feet, a central angle of 19° 32'29", a chord bearing of North 33° 56' 14" West, and a chord length of 63.98 feet; Thence North 54" 51' 40" West, a distance of 41.21 feet; Thence North 89" 21' 28" West, a distance of 81.59 feet to a point of curve; Thence 117.65 feet on the arc of a curve to the left, said curve having a radius of 149.50 feet, a central angle of 45" 05' 22", a chord bearing of South 68° 05'51" West, and a chord length of 114.64 feet; Thence South 45° 33' 10" West, a distance of 52.84 feet; Thence South 23° 03' 10" West, a distance of 44.89 feet; Thence North 00' 33' 10" East, a distance of 60.36 feet to the point of beginning. PREPARED BY: THE LAND GROUP, INC. James R. Washburn Site Planning • Landscape Architecture - Civil Engineering • Golf Course Irrigation & Engineering • Graphic Design • Surveying 462 E. Share Drive, Suite 100 - Eagle, Idaho 83616 • P 208.939.4041 • F 208.939.4445 • www.thelandgroupinc.com S.10 S.11 S.15 S.14 W. FRANKLIN RD. – NW CORNER SECTION 14 T.M., R.1W., B.M. -----, L9 I 0I L7 C3J L5 48.00' L25 S89'26'50"E 353.35' L1 ti`O N45'33'10"E 36.06' �� POINT OF BEGINNING L28 0 0 I --�- °( 0 a \O LL) J z ° ��� W I UNPLATTED oi o I � . I I 0 1/16 S.15 S.14 L15 I 1�L17 L18 — L19 �L24 UNPLATTED Easement Plan HORIZONTAL SCALE; 1` 150' Rojut Ha: Sheet Title: Oete ellmmcs Ocfo� //'�••� THE LAND GROUP „ n �� t,r —, '+./.4, M011"RA� Exhibit B ® 452 Enst Shut ptiu^. Suit^ M 93c `1 - ca -'616 TM Creek Subdivision No. 2 Finn_ ?03419<0<t - Fc, iG?.454.44x5 Ingress/Egress Easement (Revised) 1 .roWaa .nwl .aw�R...w.•". e�D. lr1 �ISj ti Mwidian Idaho Curve Table CURVE LENGTH RADIUS DELTA CHORD BEARING CHORD LENGTH C1 75.19' 174.82' 24'38'35" N28'20'12"W 74.61' C2 51.19' 210.50' 13'55'58" 584'05'50"W 51.06' C3 43.52' 163.50' 15'15'08" N8326'15"E 43.40' C4 85.95' 123.82' 39'46'27" 519'20'03"E 84.24' C5 96,85' 200.50' 27'40'31" N76'48'16"E 95.91' C6 23.99' 137,50' 9'59'48" S3842'34"E 23.96' C7 64.29' 188.50' 19'32'29" N33'56'14"W 63,98' CS 117.65' 149.50' 45'05'22" S68'05'51"W 114.64' Line Table LINE BEARING LENGTH L1 N89'26'50"W 60.36' L2 N68'03'10"E 44.89' L3 N45'33'10"E 12.64' L4 NO2'06'47"E 34.36' L5 N88 -56-11"W 86.44' L6 N07'01'01"E 47.25' L7 S88'56'11"E 81.54' L8 NOO'33'10"E 113.18' L9 S89'09'27"E 51.00' L1O 500'33'10"W 109.70' Line Table LINE BEARING LENGTH U1 S80'59'431 40.51' L12 S89'21'28"E 73.16' L13 N45'36'06'E 36.78' L14 N00'33'41"E 135.77' L15 N84'21'40"E 51.30' L16 S00'33'41"W 143.43' L17 S44 29'06"E 33.98' L18 S89'21'28"E 11.73' L19 SOO'38'32"W 51.00' L20 S31'04'25"W 25,33' Line Table LINE BEARING LENGTH L21 S43'42'28"E 9.42' L22 S46'17'32"W 51,00' L23 N43'42'28"W 9,42' L24 N54'51'40"W 41,21' L25 N89'21'28"W 81.59' L26 N45'33'10"E 52.84' L27 S23'03'10"W 44.89' L28 N00'33'10"E 60.36' Easement Curve & Line Tables M'►~ 05e -I-% THE LAND GROUP %;N ow-, . INCORPORATED 17FAVF1 / 4621 Fart Shoat 1)041Sim! 10? 41 ' 2C3 "s �0ic. 2C? ^;'?.�.t:: Shaac rN": n t' Exhibit B TM Creek Subdivision Na. 2 Ingress/Egress Easement (Revised) Meridian Idaho Naiad Na: aat. or tawa"cc a� uc.q,.a by. dachab. 9rnt Na: 2 4f 2 N171