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CC - Special Warranty Deed (Lynx to Winco)ADA COUNTY RECORDER Phil McGrane 2020-035126 Recording Requested and BOISE IDAHO Pgs=4 HEATHER LUTHER 03/26/2020 12:52 PM When Recorded Return To: TITLEONE BOISE $15.00 WinCo Foods, LLC Attn: Chad Lamer 650 N. Armstrong Pl. Boise, ID 83704 SPACE ABOVE THIS LINE FOR RECORDER'S USE ONLY SPECIAL WARRANTY DEED LYNX INVESTMENTS, LLLP, an Idaho limited liability limited partnership, formerly known as Lynx Investments, L.P., a California limited partnership ("Grantor"), for valuable consideration paid by WINCO FOODS, LLC, a Delaware limited liability company ("Grantee"), whose current address is 650 N. Armstrong Place, Boise, Idaho 83704, does hereby sell, transfer and convey unto Grantee, all the following described real property situated in the County of Ada, State of Idaho: See Exhibit "A" attached hereto and incorporated herein by this reference ("Premises"). Together with all improvements located on the Premises 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 Premises. To have and to hold, all and singular the Premises together with its appurtenances unto Grantee and its successors and assigns forever. Subject to current taxes and assessments and those certain reservations, liens, encumbrances, covenants, conditions, restrictions, rights-of-way, liabilities and easements set forth on Exhibit "B" attached hereto and by this reference made a part hereof. Grantor hereby covenants with Grantee that the Premises are free from all encumbrances made by it and that it will warrant and defend said Premises against the lawful claims of all persons claiming by or through Grantor, and none other; subject to the matters above set forth. DATE, SIGNATURES AND ACKNOWLEDGEMENTS ON FOLLOWING PAGE SPECIAL WARRANTY DEED — page 1 42795.0012.12714322.2 DATED this—' 'day of March, 2020. LYNX INVESTMENTS, LLLP, an Idaho limited liability limited partnership By. 167 L-7" _ Jo, ph D. FXarte General Partner By: LJH GT Trust, General Partner By: Josoh D. Harte Investment Trustee STATE OF IDAHO ) ss. County of Ada ) �� " On this/ -0 day of March, 2020, before me, hr,�C� a Notary Public in and for said State, personally appeared Joseph D. Huarte, known or identified to me to be the general partner of Lynx Investments, LLLP, and the Investment Trustee of LJH GT Trust, the general partner of Lynx Investments, LLLP, the partnership that executed the within instrument or the person who executed the instrument on behalf of said partnership, and acknowledged to me that such partnership executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ®® DARl NOTARY •® PUBLiG ,moi tP •°,•®'?. IVO. :�° •--yy0s OF "888®®'�®®® SPECIAL WARRANTY DEED – page 2 Notary Public for Idaho Residing at My commission expires 42795.0012.127 14322.2 EXHIBIT "A" A portion of land within the Midway Place Subdivision, recorded in Book 1 of Plats at Page 33 of the Ada County Records, in the North half of Northwest quarter of Section 25, Township 4 North, Range I West, Boise Meridian, City of Meridian, Ada County, Idaho, a portion of the Grantor's parcels (granted under Warranty Deed Instrument No. 104009792 and Warranty Deed Instrument No. 11106778) more particularly described as follows: Commencing at the corner of Sections 23, 24, 25 and 26, monumented with a found aluminum cap as shown on CP&F Record 2017-072470 from which the quarter corner common to Sections 24 and 25 monumented with a 2 -inch aluminum cap as shown on CP&F Record 2017-072469 bears South 89°22'30" East, 2669.54 feet; A. Thence South 00'55'10" West, 1328.81 feet to the Southwest corner of the North half of the Northwest quarter monumented with a found 5/8 -inch rebar with cap "FLSI ID PLS 7612"; B. Thence South 89°25'01" East, 48.50 feet along the South line of the North half of the Northwest quarter to the Easterly right-of-way of N. Linder Road and the Westerly boundary line of said Grantor's parcel; C. Thence along said right-of-way and Westerly boundary line, North 00'55'10" East, 513.26 feet to a point to be monumented with the final plat; D. Thence continuing along said right-of-way and Westerly boundary line, South 89°04'50" East, 4.50 feet to a point to be monumented with the final plat; E. Thence continuing along said right-of-way and Westerly boundary line, North 00'55'10" East, 169.11 feet to a point to be monumented with the final plat, the True Point of Beginning; 1. Thence continuing along said right-of-way and Westerly boundary line, North 89°14'23" West, 8.00 feet to a point to be monumented with the final plat; 2. Thence continuing along said right-of-way and Westerly boundary line, North 00'55'10" East, 22.00 feet to a point to be monumented with the final plat; 3. Thence leaving said right-of-way and Westerly boundary line, South 89°14'23" East, 107.12 feet to a point to be monumented with the final plat; 4. Thence South 70°37'29" East, 84.14 feet to a point to be monumented with the final plat; 5. Thence South 89°22'04" East, 39.37 feet to a point to be monumented with the final plat; 6. Thence North 00°37'56" East, 261.37 feet to a point to be monumented with the final plat; 7. Thence North 64°46'32" East, 139.86 feet to a point to be monumented with the final plat; 8. Thence South 89°22'04" East, 391.16 feet to a point to be monumented with the final plat; 9. Thence South 00°37'56" West, 381.26 feet to a point to be monumented with the final plat; 10. Thence North 89°21'59" West, 56.87 feet to a point to be monumented with the final plat; 11. Thence South 00°37'56" West, 285.19 feet to a point to be monumented with the final plat; 12. Thence North 89'09'10" West, 364.40 feet to a point to be monumented with the final plat; 13. Thence South 67°33'54" West, 111.25 feet to a point to be monumented with the final plat; 14. Thence North 22°26'06" West, 131.53 feet to a point to be monumented with the final plat; 15. Thence North 00°22'01" East, 165.24 feet to a point to be monumented with the final plat; 16. Thence North 19°20'05" East, 79.03 feet to a point to be monumented with the final plat; 17. Thence North 70°37'29" West, 94.13 feet to a point to be monumented with the final plat; 18. Thence North 89°14'23" West, 95.57 feet the Point of Beginning. SPECIAL WARRANTY DEED - page 3 42795.0012.12714322.2 EXHIBIT `B" 1. Taxes, including any assessments collected therewith, for the year 2020 which accrue on and after the date of recording of this Special Warranty Deed, and which are a lien not yet due and payable, subject to provisions regarding payment, proration and adjustment set forth in Section l La.(i) of Property Purchase Agreement dated August 6, 2018, between High Desert Development, Inc., as Seller and WinCo Foods, LLC, as Purchaser. 2. Reservations or restrictions in federal parents or state deeds or in laws providing for such patents or deeds, including, without limitation, United States Patent, and the act authorizing the issuance thereof, recorded April 2, 1891 in Book 2 of Patents, at Page 353, records of Ada County, Idaho. 3. Unpatented mining claims, or water rights, claims or title to water. 4. No surface disturbance of land related to mineral rights. 5. All easements, restrictions, agreements or other matters of record or appearing from a survey or inspection of the Premises as of the date of this instrument or which would be disclosed by a survey or inspection of the Premises. 6. Ada County assessments for the year 2020 which accrue on and after the date of recording of this Special Warranty Deed, and which are a lien not yet due and payable. 7. Settlers Irrigation District Assessments for the year 2020 which accrue on and after the date of recording of this Special Warranty Deed, and which are a lien not yet due and payable. 8. Right of way for ditches, tunnels, telephone, and distribution lines constructed by authority of the United States, as granted to the United States under the provisions of Section 58-604 Idaho Code. 9. License Agreement by and between North Slough Lateral Users Association and C.C.P.D., Inc. an Oregon corporation and Lynx Investments, L.P., a California limited partnership. Recorded: February 24, 2016 Instrument No.: 2016-014976, records of Ada County, Idaho. 10. Record of Survey No. 10658 recorded October 5, 2016 as Instrument No. 2016-095586, records of Ada County, Idaho. 11. Record of Survey No. 11371 recorded May 14, 2018 as Instrument No. 2018-043598, records of Ada County, Idaho. 12. Permanent Slope Easement. Granted to: Ada County Highway District Recorded: September 26, 2018 Instrument No.: 2018-091068, records of Ada County, Idaho. 13. Permanent Easement (Sidewalk and Slope). Granted to: Ada County Highway District Recorded: November 26, 2018 Instrument No.: 2018-11195 1, records of Ada County, Idaho. 14. Development Agreement by and between City of Meridian, a municipal corporation, Lynx Investments, LLLP, C.C.P.D., Inc., High Desert Development, Inc. and DMG Real Estate Partners, LLC. Recorded: April 10, 2019 Instrument No.: 2019-028376, records of Ada County, Idaho. 15. Ordinance No. 19-1821. Recorded: April 11, 2019 Instrument No.: 2019-028927, records of Ada County, Idaho. SPECIAL WARRANTY DEED — page 4 42795.0012.127143 22.2