Ustick phase II_Affidavit of Legal InterestSTATE OF IDAHO
COUNTY OF ADA
AFFIDAVIT OF LEGAL MEREST
(n ) (address)
(city) (state)
being first duly sworn upon, oath, depose and say:
That I am the record owner of the property described on the attached, and i grant my
permission to:
Elevate Investments, LLC 1523 E. Seaside Ct. Boise, ID 83706
(name) - (address)
to submit the accompanying application(s) pertaining to that property.
2. 1 agree to indemnify, defend and hold the City of Meridian and its employees harmless
from any claim or liability resulFing from any dispute as to the statements contained
herein or as to the ownership of the property which is the subject of the application.
3. 1 hereby grant permission to City of Meridian staff to enter the subject property for the
purpose of site inspections related to processing said application(s).
Dated this _day of . 20
(Signature)
SUBSCRIBED AND SWORN to before me the day and year fi4Sf above written.
Mm,e i- W IXER
► 0=PUBL: S • STATE OF Dllilo
OQww;S "2 NUMBER MM
M OOYrtI , ON I-7prms Sit-M
�jary Public for Idaho)
Residing at:
My Commission Expires: _ l
Communin UeticloPmcni ■ Planning Division ■ 33 E. Broadway Avenue, Sic. 102 Meridian, Idaho 83642
Phone 208-884-5533 11-ax:208-888.6854 }««N.mcrid+_ancin.Pr_ planning
I
e�
ADA Couffry nconm J. DAWD #IAVARRQ AMOUNT 13,09 3
BOISE
DEpUTDAlI onli112F07 04:18 PM
RECORDEDREQUEST{Of tf 1 i i j I!
107127926
Title one
SPECIAL WARRANTY DEED
FOR VALUE RECEIVED, the receipt and sufficiency of which is hereby acknowledged,
Brighton Properties LLC, an Idaho limited liability company (the "Grantor"), does hereby
grant, bargain, sell, and convey unto Fit 4, LLC, an Idaho limited liability company, whose
address is P.O. Box 5, Ketchum, Idaho 83340 ("Grantee"), all of Grantor's right, title and
interest in and to that certain real property located in Ada County, Idaho, legally described on
Exhibit A, attached hereto and incorporated herein (the "Premises").
TO HAVE AND TO HOLD the Premises, with its appurtenances unto Grantee, and
Grantee's successors and assigns forever.
Grantor does hereby covenant to and with Grantee, that the Grantor is the owner in fee
simple of the Premises; that the Premises are free From all encumbrances created or suffered
by Grantor, except those made, suffered or done by Grantee, and except the matters set forth
on Exhibit B to this Special Warranty Deed and except general taxes and assessments,
including utility assessments for the current year, which are not yet due and payable, and that
Grantor will warrant and defend the same forever from all other lawful claims. By accepting this
Special Warranty Deed, and subject to the covenants and warranties in this Special Warranty
Deed, Grantee acknowledges and understands that Grantee is accepting the Premises from
Grantor in an "As -is" condition with all faults, including both latent and patent defects.
94 IN WITNESS WHEREOF, Grantor has caused its name to be hereunto subscribed this
LC day of September, 2007_
GRANTOR:
Brighton Properties LLC,
an Idaho limited liability company
By:
Itsember
SPECIAL WARRANTY DEED - 3
C,bwz A"s V7 SePin9slstlulingliaral 591t�n9slTm"7QarY ki want FAesVOLK10%SWD GP02.0m
J
State of Idaho )
S.S.
County of Ada `` }
Qp this ! `�ay of September, in the year of 2007, before me
c� l Fca-� a notary public, personally appeared
known or identfed to me to be the member, of the
limited liability company that executed the instrument or the person who executed the
instrument on behalf of said company, and acknowle to me that such company executed
the same. _. U460.._
p
Residing at: C
G .- = My Commission
' PtlStit
SPECIAL WARRANTY DEED - 2
atl)a r3 eid Sat irgslsdadingkLaral Sefi'mp Tempwwy WeMel ReADLAIMM GPD2,6=
Exhibit A
Legal Description
Lot 1 in' Block i of Smitchger Subdivision North, according to the official plat thereof, filed in
Book 99 of Plats at Pages 12639, 12640 and 12641, official records of Ada County, Idaho.
SPEMAL WARRANTY HEED - EXHIBIT A
C-lODmma lsan0Setling5):CaMng%OCajSettbVMTemperarylnt~Res]OLKMSMGMAOC
Exhibit B
Permitted Exceptions
This conveyance is made subject to all liens, claims, easements, restrictions,
reservations, irregularities, encroachments, rights of way, clouds on title, encumbrances and
other exceptions to title of record or otherwise existing upon or against the Property including,
but not limited to, those visible upon a physical inspection of the Property and any liens for taxes
and assessments. This conveyance is also made subject to those exceptions to title disclosed
by the title commitment, which are attached to and made a part of this Exhibit B.
1. The land described herein is located within the boundaries of City of Meridian and is
subject to any assessments levied thereby.
2. The land described herein is located within the boundaries of Settlers irrigation District
(208-344-2471) and is subject to any assessments levied thereby.
3. Covenants, Conditions, and Restrictions, and, Easements but omitting any covenant or,
restriction based on race, color, religion, sex, handicap, familial status, or national origin,
'unless and only to the extent that said covenant (a) is exempt under Chapter 42, Section
3607 of the United States Code or (b) relates to handicap but does not discriminate
against handicapped persons as set forth in the document.
Recorded: July 16, 2004
Instrument No.: 104090118
Re -Recorded: September 28, 2004
instrument No.: 104124033
Amendments, Supplements, or Modifications of said Covenants, Conditions, and
Restrictions:
Recorded: June 15, 2006
Instrument No.: 106095734
Supplement to said Covenants, Conditions, and Restrictions:
Recorded: Sepptember 10 12007
Instrument No.: o i 27 t t
4. Terms, provisions, conditions, and, restrictions contained in Development Agreement by
and between City of Meridian, Caven, Inc. and Ustick Marketplace, LLC.
}Dated: July 9, 2004
Recorded: August 20, 2004
Instrument No: 104107404
5. Terms, provisions, conditions, and, restrictions contained in Construction, Operation and
Maintenance Agreement for Ustick Marketplace by and between Settlers Irrigation
District and Ustick Marketplace, LLC, an Idaho limited liability company.
Dated: February 1, 2005
Recorded: February 2, 2005
SPECIAL WARRANTY DEED - ExHiBrr B
c:w«u *fds and Sett'v�gstsda�riy�Laca1 Satlingffemporary IMwai FOMOT Kt DISWO GPC2 0x
Instrument No: 105013368
6. Easements, reservations, restrictions, and dedications as shown on the official plat of
Smitchger Subdivision North.
Terms, provisions, covenants, conditions, and, restrictions, contained in a Covenant and
Agreement (Ustick Marketplace).
Recorded: November 9, 2005
Instrument No.: 105170275
7. Terms, provisions, covenants, conditions, and, restrictions, contained in a Shared
Maintenance Agreement.
Recorded: November 9, 2005
Instrument No.: 105170276
91
SPECIAL WARRANTY DEER - EXHIBIT B
C:Waas ws and $WnVWidarSnq%Lo l Saltingffemparary tmem t F m1GLK1OkSVM GP02-doc