AFFIDAVIT OF LEGAL INTEREST-1250 W. Ustick Road, Meridian, IdahoRECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
ADA COUNTY RECORDER Christopher D. Rich AMOUNT 58.00 17
BOISEIDAHO 07/11/2011 01:37PM
DEPUTY Bonnie Oberbillig
Slxnpftffle Electronic Recording
RECORDED-REQUT I IIIIII I'lll I'lII (IIII IIIIIII III IIIIII IIII IIIIIII III I'lll IIII IIII OF
PIONEER TITLE COMPANY OF ADA C 111055362
WHEN RECORDED RETURN To.
OLD REPUBUC TITLE
ATTN: POST CLOSING
530 SOUTH MAIN STREET
SUITE 1031
AKRON, OH 44311
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Lake &Cobb, PLC
ORIGINAL-Bd�
1095 W. Rio Salado Pkwy, Suite 206
Tempe, Arizona 85281
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SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE
GRANT OF EASEMENT
Grantor: Alice L. Saleen, an unmarried woman
Grantee: Crown Castle Towers 09 LLC, a Delaware limited liability
company
Site Address: 1250 W. Ustick Road, Meridian, Idaho 83642
Site County: Ada
Assessor's Tax Parcel ID #: SO436336230
Site ID: Meridian (839612)
The legal description of the property conveyed herein can be found on Exhibit C.
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RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
WHEN RECORDED RETURN TO:
OLD REPUBLIC TITLE
ATTN: POST CLOSING
530 SOUTH MAIN STREET
SUITE 1031
AKRON, OH 44311
UI-11131t1' jIp USE
ELECTRONICALLY REC OMO -. b OT
REMOVE THE COONTY f3fi4�la�€��Y� 'IRT
PAGE AS IT IS NOW IN®6€IadRi*t "
Prepared by: AS
Lake & Cobb, PLC PART OF THE ORIGINAL 06&h49E
1095 W. Rio Salado Pkwy, Suite 206
Tempe, Arizona 85281
3auoi-+-PC`
SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE
GRANT OF EASEMENT
Grantor: Alice L. Saleen, an unmarried woman
Grantee: Crown Castle Towers 09 LLC, a Delaware limited liability
company
Site Address: 1250 W. Ustick Road, Meridian, Idaho 83642
Site County: Ada
Assessor's Tax Parcel ID #: SO436336230
Site ID: Meridian (839612)
The legal description of the property conveyed herein can be found on Exhibit C.
GRANT OF EASEMENT
THIS GRANT OF EASEMENT (the "Easement") is made this 2-7 day of
7lAXl�, , 2011, by and between ALICE L. SALEEN, an unmarried woman, having a
mailing address of 1250 W. Ustick Road, Meridian, Idaho 83642 ("Grantor") and CROWN
CASTLE TOWERS 09 LLC, a Delaware limited liability company, with its national
headquarters located at 2000 Corporate Drive, Canonsburg, Pennsylvania 15317 ("Grantee").
1. Description of Grantor's Property. Grantor is the owner of that certain land
and premises in Meridian, County of Ada, State of Idaho, by QuitClaim Deed recorded on April
6, 2010, at Instrument No. 110030722, in the Public Records of Ada County, Idaho, the
description of said property is attached hereto as Exhibit "A" (hereinafter "Grantor's Property").
2. Description of Easement. For good and valuable consideration, the receipt and
sufficiency of which the parties hereby acknowledge, Grantor grants and conveys unto Grantee,
its successors and assigns, an exclusive easement for the use of a portion of Grantor's Property,
that portion being described as a eight hundred fifty five (855) square foot parcel within
Grantor's Property (the "Easement Area"), as such Easement Area is more particularly shown in
the Site Plan attached hereto as Exhibit "B" and described by metes and bounds in Exhibit "C-I"
attached hereto. The Grantor also grants to Grantee, its successors and assigns, as part of this
Easement, a non-exclusive, perpetual right-of-way for ingress and egress, seven days per week,
twenty-four hours per day, on foot or motor vehicle, including trucks, along a right-of-way
extending from the nearest public right-of-way, together with the right to install, replace and
maintain utility wires, poles, cables, conduits and pipes (the "Access Easement"), as is more
particularly shown in the Site Plan attached hereto as Exhibit `B" and described by metes and
bounds in Exhibit "C-2" (hereinafter the term "Easement Area" shall be deemed to also include
the Access Easement unless stated to the contrary). In the event any public utility is unable,or
unwilling to use the above -described Access Easement, Grantor hereby agrees to grant an
additional right-of-way, in form satisfactory to Grantee, either to Grantee or directly to the public
utility at no cost and in a location acceptable to either Grantee or the public utility (the
"Additional Access Easement"). For any such Additional Access Easement to be effective, such
easement shall be recorded among the Public Records of Ada County, Idaho.
3. Easement Term. The term of this Easement shall commence upon execution by
both parties and will expire on June 5, 2050.
4. Easement Area. The Easement Area shall be used for constructing, maintaining
and operating communications facilities, including without limitation, tower structures, antenna
support structures, cabinets, meter boards, buildings, antennas, cables, equipment, and uses
incidental thereto for Grantee's use and the use of its lessees, licensees, and/or sub -easement
holders (the "Permitted Use"). It is the intent of the parties that Grantee's communications
facilities shall not constitute a fixture. Grantor acknowledges that Grantor has no right to object
to or approve any improvements to be constructed by Grantee on the Easement Area. If
requested by Grantee, Grantor will execute, at Grantee's sole cost and expense, all documents
required by any governmental authority in connection with any development of, or construction
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on, the Easement Area, including documents necessary to petition the appropriate public bodies
for certificates, permits, licenses and other approvals deemed necessary by Grantee in Grantee's
absolute discretion to utilize the Easement Area for the Permitted Use. Grantor agrees to be
named applicant if requested by Grantee. In furtherance of the foregoing, Grantor hereby
appoints Grantee as Grantor's attorney -in -fact to execute all land use applications, permits,
licenses and other approvals on Grantor's behalf. Grantor shall be entitled to no further
consideration with respect to any of the foregoing matters. Grantor shall take no action that
would adversely affect the status of the Easement Area with respect to the Permitted Use.
5. Purchase Price, Down Payment and Installment Payments. The purchase
price for the rights and interest granted to pursuant to this Easement is Forty Five Thousand and
00/100 Dollars ($45,000.00) ("Purchase Price"). Upon full execution of this Easement by both
parties, Grantee shall pay a down payment on the Purchase Price in the amount of Fifteen
Thousand and 00/100 Dollars ($15,000). Thereafter, Grantee shall pay the remainder of the
Purchase Price in two equal installments of Fifteen Thousand and 00/100 Dollars ($15,000.00)
each, with the first payment due and payable upon the first anniversary of the date of this
Easement and the second payment due and payable on the second anniversary of the date of this
Easement (the "Installment Payments"). Grantor and Grantee agree that all rights granted to
Grantee in this Easement shall be fully vested in Grantee upon full execution of this Easement by
both parties even though the Purchase Price will be paid in installments.
6. Hazardous Materials.
a) Grantee shall not (either with or without negligence) cause or permit the use,
storage, generation, escape, disposal or release of any Hazardous Materials in any manner not
sanctioned by law. In all events, Grantee shall indemnify and hold Grantor harmless from any
and all claims, damages, fines, judgments, penalties, costs, liabilities or losses (including,
without limitation, any and all sums paid for settlement of claims, attorneys' fees, and
consultants' and experts' fees) from the presence or release of any Hazardous Materials on the
Easement Area if caused by Grantee or persons acting under Grantee. Grantee shall execute
such affidavits, representations and the like from time to time as Grantor may reasonably request
concerning Grantee's best knowledge and belief as to the presence of Hazardous Materials within
the Easement Area.
b) Grantor shall not (either with or without negligence) cause or permit the use,
storage, generation, escape, disposal or release of any Hazardous Materials in any manner not
sanctioned by law. In all events, Grantor shall indemnify and hold Grantee harmless from any
and all claims, damages, fines, judgments, penalties, costs, liabilities or losses (including,
without limitation, any and all sums paid for settlement of claims, attorneys' fees, and
consultants' and experts' fees) from the presence or release of any Hazardous Materials on
Grantor's Property unless caused by Grantee or persons acting under Grantee. Grantor shall
execute such affidavits, representations and the like from time to time as Grantee may reasonably
request concerning Grantor's best knowledge and belief as to the presence of Hazardous
Materials on Grantor's Property.
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c) For purposes of this Easement, the term "Hazardous Material" means any
substance which is (i) designated, defined, classified or regulated as a hazardous substance,
hazardous material, hazardous waste, pollutant or contaminant under any Environmental Law, as
currently in effect or as hereafter amended or enacted, (ii) a petroleum hydrocarbon, including
crude oil or any fraction thereof and all petroleum products, (iii) PCBs, (iv) lead, (v) asbestos,
(vi) flammable explosives, (vii) infectious materials, or (viii) radioactive materials.
"Environmental Law(s)" means the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980, 42 U.S.C. Sections 9601, et seq., the Resource Conservation and
Recovery Act of 1976, 42 U.S.C. Sections 6901, et seq., the Toxic Substances Control Act, 15
U.S.C. Sections 2601, et seq., the Hazardous Materials Transportation Act, 49 U.S.C. 5101, et
seq., and the Clean Water Act, 33 U.S.C. Sections 1251, et seq., as said laws have been
supplemented or amended to date, the regulations promulgated pursuant to said laws and any
other federal, state or local law, statute, rule, regulation or ordinance which regulates or
proscribes the use, storage, disposal, presence, clean-up, transportation or release or threatened
release into the environment of Hazardous Materials.
7. Insurance. At all times, Grantee, at its sole expense, shall obtain and keep in
force insurance which may be required by any federal, state or local statute or ordinance of any
governmental body having jurisdiction in connection with the operation of Grantee's business
upon the Easement Area.
8. Security of Grantee's Communications Facilities. Grantee may construct a
chain link or comparable fence around the perimeter of Grantee's communications facilities.
9. Removal of Obstructions. Grantee has the right to remove obstructions,
including but not limited to vegetation, which may encroach upon, interfere with or present a
hazard to Grantee's use of the Easement Area. Grantee shall be responsible for disposing of any
materials related to the removal of obstructions.
10. Real Estate Taxes. Grantor shall pay all real estate taxes on Grantor's Property;
provided Grantee agrees to pay or reimburse Grantor for any documented increase in real estate
taxes levied against Grantor's Property that are directly attributable to the presence of wireless
communications facilities within the Easement Area. Grantor agrees to provide Grantee any
documentation evidencing the increase and how such increase is attributable to Grantee's use.
Grantee reserves the right to challenge any such assessment, and Grantor agrees to cooperate
with Grantee in connection with any such challenge. In the event that Grantor fails to pay all
real estate taxes on Grantor's Property prior to such taxes becoming delinquent, Grantee may, at
its option, pay such real estate taxes (the "Delinquent Taxes") and Grantee shall have the right to
collect the Delinquent Taxes from Grantor together with interest on the Delinquent Taxes at the
rate of 12% per annum (calculated from the date Grantee pays the Delinquent Taxes until
Grantor repays such sums due to Grantee) and shall have a lien against Grantor's Property with
respect thereto.
11. Waiver of Subrogation. The parties hereby waive any and all rights of action for
negligence against the other which may hereafter arise on account of damage to the Easement
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Area or any other portion of Grantor's Property, including improvements and personal property
located thereon, resulting from any fire or other casualty of the kind covered by property
insurance policies with extended coverage regardless of whether or not, or in what amount, such
insurance is now or hereafter carried by the parties.
12. Recording. Grantor acknowledges that Grantee intends to record this Easement
with the appropriate recording officer upon execution of this Easement. At Grantee's option,
instead of recording this Easement, Grantor and Grantee will execute a memorandum of this
Easement to be recorded with the appropriate recording officer.
13. Hold Harmless. Grantor hereby indemnifies, holds harmless, and agrees to
defend Grantee against all damages asserted against or incurred by Grantee by reason of, or
resulting from: (i) the breach by Grantor of, any representation, warranty, or covenant of Grantor
contained herein or (ii) any negligent act or omission of Grantor, excepting however such
damages as may be due to or caused by the acts of Grantee or its agents. Grantee hereby
indemnifies, holds harmless, and agrees to defend Grantor against all damages asserted against
or incurred by Grantor by reason of, or resulting from: (i) the breach by Grantee of any
representation, warranty, or covenant of Grantee contained herein or (ii) any negligent act or
omission of Grantee, excepting however such damages as may be due to or caused by the acts of
Grantor or its agents.
14. Grantor's Covenant of Title. Grantor covenants: (a) Grantor is seized of fee
simple title to the Grantor's Property of which the Easement Area is a part and has the right and
authority to grant this Easement; (b) except as provided below, this Easement is and shall be free
and clear of all liens, claims, encumbrances and rights of third parties of any kind whatsoever;
(c) subject to the terms and conditions of this Easement, Grantee shall have quiet possession, use
and enjoyment of the Easement Area; (d) there are no aspects of title that might interfere with or
be adverse to Grantee's interests in and intended use of the Easement Area; and (e) that Grantor
shall execute such further assurances thereof as may be required. Notwithstanding the foregoing,
Grantee acknowledges that certain Easement Agreement dated July 21, 1999 between Merrill E.
Saleen and Alice L. Saleen as the original grantor and U S West Wireless LLC as the original
grantee, which was recorded on June 6, 2000 at Instrument No. 100043921 (the "Existing
Easement"). Grantee acknowledges that its rights and interests granted by this Easement are
subordinate and subject to the terms and conditions of the Existing Easement.
15. Non -Interference. Grantor shall not permit (i) the construction, installation or
operation of any communications facilities that emit radio frequencies on Grantor's Property
other than communications facilities constructed, installed and/or operated on the Easement Area
pursuant to this Easement or the Existing Easement or (ii) any condition on Grantor's Property
which interferes with Grantee's Permitted Use. Each of the covenants made by Grantor in this
Section 15 is a covenant running with the land for the benefit of the Easement Area and shall be
binding upon Grantor and each successive owner of any portion of Grantor's Property and upon
each person having any interest therein derived through any owner thereof.
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16. Eminent Domain. If the whole or any part of the Easement Area shall be taken
by right of eminent domain or any similar authority of law, the entire award for the value of the
Easement Area and improvements so taken shall belong to the Grantee.
17. Grantor's Property. Grantor shall not do or permit anything that will interfere
with or negate any special use permit or approval pertaining to the Easement Area or cause any
communications facilities on the Easement Area to be in nonconformance with applicable local,
state, or federal laws. Grantor covenants and agrees that it shall not subdivide the Grantor's
Property if any such subdivision will adversely affect the Easement Area's compliance
(including any improvements located thereon) with applicable laws, rules, ordinances and/or
zoning, or otherwise adversely affects Grantee's ability to utilize Grantor's Property for its
intended purposes. Grantor shall not. initiate or consent to any change in the zoning of Grantor's
Property or any property of Grantor contiguous to, surrounding, or in the vicinity of Grantor's
Property, or impose or consent to any other restriction that would prevent or limit Grantee from
using the Easement Area for the uses intended by Grantee.
18. Entire Agreement. Grantor and Grantee agree that this Easement contains all of
the agreements, promises and understandings between Grantor and Grantee. No verbal or oral
agreements, promises or understandings shall be binding upon either Grantor or Grantee in any
dispute, controversy or proceeding at law. Any addition, variation or modification to this
Easement shall be void and ineffective unless made in writing and signed by the parties hereto.
19. Construction of Document. Grantor and Grantee acknowledge that this
document shall not be construed in favor of or against the drafter and that this document shall not
be construed as an offer until such time as it is executed by one of the parties and then tendered
to the other party.
20. Applicable Law. This Easement and the performance thereof shall be governed,
interpreted, construed and regulated by the laws of the State where the Easement is located. The
parties agree that the venue for any litigation regarding this Agreement shall be Ada County,
Idaho.
21. Notices. All notices hereunder shall be in writing and shall be given by (i)
established express delivery service which maintains delivery records, (ii) hand delivery, or (iii)
certified or registered mail, postage prepaid, return receipt requested. Notices may also be given
by facsimile transmission, provided that the notice is concurrently given by one of the above
methods. Notices are effective upon receipt, or upon attempted delivery if delivery is refused or
if delivery is impossible because of failure to provide reasonable means for accomplishing
delivery. The notices shall be sent to the parties at the following addresses:
If to Grantor: Alice L. Salcen
1250 W. Ustick Road
Meridian, Idaho 83642
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0
El
If to Grantee: Crown Castle Towers 09 LLC
c/o Crown Castle USA Inc.
E. Blake Hawk, General Counsel
Attn: Real Estate Department
2000 Corporate Drive, Canonsburg, PA 15317
22. Assignment. The parties hereto expressly intend that the easements granted
herein shall be easements in gross, and as such, are transferable, assignable, inheritable, divisible
and apportionable. Grantee has the right, within its sole discretion, to sell, assign, lease, convey,
license or encumber any of its interest in the Easement Area without consent. In addition,
Grantee has the right, within its sole discretion, to grant sub -easements over any portion of the
Easement Area without consent. Any such sale, assignment, lease, license, conveyance, sub -
easement or encumbrance shall be binding upon the successors, assigns, heirs and legal
representatives of the respective parties hereto. An assignment of this Easement shall be
effective upon Grantee sending written notice thereof to Grantor at Grantor's mailing address
stated above and shall relieve Grantee from any further liability or obligation accruing hereunder
on or after the date of the assignment.
23. Partial Invalidity. If any term of this Easement is found to be void or invalid,
then such invalidity shall not affect the remaining terms of this Easement, which shall continue
in full force and effect.
24. Mortgages. This Easement shall be subordinate to any mortgage given by
Grantor which currently encumbers Grantor's Property including the Easement Area, provided
that any mortgagee holding such a mortgage shall recognize the validity of this Easement in the
event of foreclosure of Grantor's interest and Grantee's rights under this Easement. In the event
that the Easement Area is or shall be encumbered by such a mortgage, Grantor shall obtain and
furnish to Grantee a non -disturbance agreement for each such mortgage, in recordable form.
25. Successors and Assigns. The terms of this Easement shall constitute a covenant
running with the Grantor's Property for the benefit of Grantee and its successors and assigns and
shall extend to and bind the heirs, personal representatives, successors and assigns of the parties
hereto and upon each person having any interest therein derived through any owner thereof. Any
sale, mortgage, lease or other conveyance of Grantor's Property shall be under and subject to this
Easement and Grantee's rights hereunder.
26. Construction of Easement. The captions preceding the Sections of this
Easement are intended only for convenience of reference and in no way define, limit or describe
the scope of this Easement or the intent of any provision hereof. Whenever the singular is used,
the same shall include the plural and vice versa and words of any gender shall include the other
gender. As used herein, "including" shall mean "including, without limitation." This document
may be executed in multiple counterparts, each of which shall be deemed a fully executed
original.
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27. Default.
(a) Notice of Default; Cure Period. In the event that there is a default by Grantor or
Grantee (the "Defaulting Party") with respect to any of the provisions of this Easement or
Grantor's or Grantee's obligations under this Easement, the other party (the "Non -Defaulting
Party") shall give the Defaulting Party written notice of such default. After receipt of such
written notice, the Defaulting Party shall have sixty (60) days in which to cure any default. The
Defaulting Party shall have such extended periods as may be required beyond the sixty (60) day
cure period to cure any default if the nature of the cure is such that it reasonably requires more
than sixty (60) days to cure, and Defaulting Party commences the cure within the sixty (60) day
period and thereafter continuously and diligently pursues the cure to completion. The Non -
Defaulting Party may not maintain any action or effectuate any remedies for default against the
Defaulting Party unless and until the Defaulting Party has failed to cure the same within the time
periods provided in this Section.
(b) Consequences of Grantee's Default. In the event that Grantor maintains any
action or effectuates any remedies for default against Grantee, resulting in Grantee's
dispossession or removal, (i) the Installment Payments shall be paid up to the date of such
dispossession or removal and (ii) Grantor shall be entitled to recover from Grantee, in lieu of any
other damages, as liquidated, final damages, a sum equal to the next six months Installment
Payments; however, Grantee shall be relieved of any obligation to pay the remaining balance of
the Purchase Price and Grantee shall not owe any Installment Payments (or interest) due after the
date of dispossession or removal. In no event shall Grantee be liable to Grantor for
consequential, indirect, speculative or punitive damages in connection with or arising out of any
default.
(c) Consequences of Grantor's Default. In the event that Grantor is in default beyond
the applicable periods set forth above, Grantee may, at its option, (i) terminate this Easement and
be relieved of paying the remaining balance of the Purchase Price and performing all other
obligations under this Easement, (ii) sue for injunctive relief, and/or sue for specific
performance, and/or sue for damages, and/or (iii) perform the obligation(s) of Grantor specified
in the default notice, in which case any expenditures reasonably made by Grantee in so doing
shall be deemed paid for the account of Grantor, and Grantor agrees to reimburse Grantee for
said expenditures upon demand or Grantee may elect to offset from the Installments Payments
any amount reasonably expended by Grantee as a result of such default.
28. Limitation on Damages. In no event shall Grantee be liable to Grantor for
consequential, indirect, speculative or punitive damages in connection with or arising from this
Easement, the Permitted Use or the Easement Area.
29. IRS Form W-9. Grantor agrees to provide Grantee with a completed IRS Form
W-9 or its equivalent (the "W-9 Form") upon execution of this Easement and at such other times
as may be reasonably requested by Grantee. Grantor's failure to provide the W-9 Form within
thirty (30) days after Grantee's request shall be considered a default and Grantee may take any
action necessary to comply with IRS regulations including, but not limited to, withholding
Site Name: Meridian 8
BUN: 839612
applicable taxes from the Installment Payments. In the event the Grantor's Property is
transferred, the successor in interest to Grantor's rights under this Easement (the "Successor
Grantor") shall have a duty to provide Grantee with a deed evidencing the transfer of the
Grantor's Property, a completed W-9 Form signed by the Successor Grantor, and other related
paperwork requested by Grantee (the "Transfer Documents") in order to effectuate a transfer in
the payment of Installment Payments from Grantor to the Successor Grantor. Grantee shall have
no obligation to pay Installment Payments to the Successor Grantor until Grantee receives the
Transfer Documents.
[Signature pages follow]
Site Name: Meridian 9
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IN WITNESS WHEREOF, Grantor and Grantee, having read the foregoing and
intending to be legally bound hereby, have executed this Grant of Easement as of the day and
year first written above.
GRANTOR:
By:
ALICE L. SALEEN, an unmarried woman
STATE OF
)Ss.
COUNTY OF )
On this � day of uo-g-- 2011, before me, the subscriber, a Notary Public
in and for said State and County, personally appeared ALICE L. SALEEN, known or identified
to me to be the person whose name is subscribed to the within instrument, and in due form of law
acknowledged that he/she signed this instrument as his/her free and voluntary act for the uses
and purposes mentioned in this instrument.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my seal in said
State and County on the day and year last above written.
�!�
tUti4��' t
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Site Name: Meridian 10
BUN: 839612
STATE OF 16)(AS
)ss.
COUNTY OF lrkft 15
GRANTEE
CROWN CASTLE TOWERS 09 LLC, a
Delaware limited liability company
By: U�
Print Nam
Title: Tracy Van Swol
Real Estate Transaction Manager
On this �/� day of JOKE 2011, before me, the subscriber, a Notary Public
in and for said State and County, personally appeared 11?AO4 VWSWOL , the
Mrs2. of CROWN CASTLE TOWERS 09 LLC, known or
identified to me to be the person whose name is subscribed to the within instrument, and in due
form of law acknowledged that he/she is authorized on behalf of said company to execute all
documents pertaining hereto and acknowledged to me that he/she executed the same as his/her
voluntary act and deed on behalf of said company.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my seal in said
State and County on the day and year last above written.
Notary
r P%%"+ I:ELSL•P. RCh�JETTE M17CMILLER
�` �.�'�. 4 My (,Jrnf0155100 Expires
n,,'•, ?e;.�' March 25. 2014
Site Name: Meridian
BUN: 839612
—1,1 .
(Signature of Notary)
Residing at: /A20PWVSn4,)6o J-6)sTGr1 1,7-X
My Commission Expires:
EXHIBIT "A"
TO GRANT OF EASEMENT
[Description of Grantor's Property]
Now in the Southwest Quarter of the Southwest Quarter of Section 36, Township 4 North, Range
1 West of the Boise Meridian, Ada County, Idaho, a tract of land being East and Southeast of a
live water drain canal.
LESS:
A tract of land in the Southwest Half, Southwest Half of Section 36, Township 4 North, Range 1
West, Boise Meridian, Ada County, Idaho, more particularly described as follows:
Commencing at the section corner common to Sections 35 and 36, Township 4 North, Range 1
West, Boise Meridian, and Sections 1 and 2, Township 3 North, Range 1 West, Boise Meridian,
Ada County, Idaho, thence North along the section line, 1321.66 feet to the south sixteenth
section corner common to said Sections 35 and 36;
Thence South 89°09'20" East along the sixteenth section line, 272.69 feet to the Real Point of
Beginning;
Thence South 71 ° 15' 10" East along the centerline of a certain drain canal, 622.66 feet to a steel
pin,
Thence North, 191.43 feet to a point on said sixteenth section line;
Thence North 89°09'20" West along said sixteenth section line, 589.69 feet to the Real Point of
Beginning.
Site Name: Meridian
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EXHIBIT "B"
TO GRANT OF EASEMENT
[Site sketch including access road to property]
Site Name: Meridian
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EXHIBIT 66C-1"
TO GRANT OF EASEMENT
[Description of Easement Area]
A parcel of land for a cell tower perpetual easement parcel being a portion of the SW 1/4 SW 1 A
of Section 36 Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho more
particularly described as follows:
Commencing at the southwest corner of said SWIM, SW 1 A (section comer common to sections
1 and 2, T. 3 N., R. 1 W. and sections 35 and 36, T. 4 N., R. I W.), said comer bears N. 88°44'
00" W., a distance of 2662.25 feet from a found brass cap monument marking the southeast
comer of said SW 1/4 (1/4 corner common to section 1, T. 3 N., R. 1 W., and section 36, T. 4 N.,
R. 1 W.) ;
Thence along the southerly boundary of said SW 1/4, S. 88°44'00" E., a distance of 1158.42 feet
to a point;
Thence leaving said southerly boundary, N. 01 ° 16' 00" E., a distance of 25.00 feet to a found 5/8
inch diameter iron pin, stamped LS 5292, marking the southwest corner of Quit Claim Deed
Instrument No. 110030722;
Thence along the westerly boundary of said Quit Claim Deed, N. 00' 01' 32" E., a distance of
457.48 feet to a point, said point witnessed S 00' 01' 32" W., a distance of 20.00 feet with a
found 1/2 inch diameter iron pin, with cap stamped LS 5292, ;
Thence leaving said westerly boundary, S. 46' 07' 09" E., a distance of 66.98 feet to the center of
an existing monopole cell tower, said point being the POINT OF BEGINNING of said tower
easement and also being the radius point of a 16.5 foot radius circle.
This parcel contains 855 square feet or 0.019 acres more or less.
Site Name: Meridian
BUN: 839612
•
EXHIBIT "C-2"
TO GRANT OF EASEMENT
(Description of Access Easement Area]
A parcel of land for a 20' wide access and utility easement and a turnaround area being a portion
of the SW 1 A SW 1 A of Section 36 Township 4 North, Range 1 West, Boise Meridian, Ada
County, Idaho more particularly described as follows:
Commencing at the southwest corner of said SW 1/4, SW 1 A (section comer common to sections
1 and 2, T. 3 N., R. 1 W. and sections 35 and 36, T. 4 N., R. 1 W.), said corner bears N. 88°44'
00" W., a distance of 2662.25 feet from a found brass cap monument marking the southeast
comer of said SW IA (1/4 comer common to section 1, T. 3 N., R. 1 W., and section 36, T. 4 N.,
R. 1 W.) ;
Thence along the southerly boundary of said S W 1A, S. 88°44'00" E., a distance of 1158.42 feet
to a point;
Thence leaving said southerly boundary, N. 01 ° 16' 00" E., a distance of 25.00 feet to a found 5/8
inch diameter iron pin, stamped LS 5292, marking the southwest corner of Quit Claim Deed
Instrument No. 110030722 and the northerly right of way of W. Ustick Road;
Thence along the southerly boundary of said Quit Claim Deed and said northerly right of way of
W. Ustick Road, S. 88' 44' 00" E., a distance of 82.38 feet to the POINT OF BEGINNING of
said access and utility easement;
Thence leaving the southerly boundary of said Quit Claim Deed and said northerly right of way
of W. Ustick Road, N. 0° 20' 40" E., a distance of 136.50 feet to a point;
Thence N. 03' 29' 10" E., a distance of 142.95 feet to a point;
Thence N. 01 ° 59' 01" E., a distance of 45.50 feet to a point;
Thence N. 11 ° 32' 38" W., a distance of 35.25 feet to a point;
Thence N. 38' 21' 43" W., a distance of 15.00 feet to a point;
Thence S. 51 ° 38' 17" W., a distance of 20.00 feet to a point;
Thence N. 38' 21' 43" W., a distance of 20.00 feet to a point;
Thence N. 51 ° 38' 17" E., a distance of 10.29 feet to a point;
Site Name: Meridian
BUN: 839612
Thence N. 04' 39' 48" E., a distance of 19.32 feet to the beginning of a non -tangent curve left,
said point being a point on the tower easement boundary;
Thence a distance of 25.45 feet along said curve to the left and said tower easement boundary,
having a radius of 16.50 feet, through a central angle of 88' 21' 42", the long chord of which
bears, N. 07' 52' 31" E., a distance of 23.00 feet;
Thence leaving said tower easement boundary and non -tangent to said curve left, S. 85' 20' 12"
E., a distance of 18.71 feet to a point;
Thence S. 04' 39' 48" W., a distance of 20.17 feet to a point;
Thence S. 38' 21' 43" E., a distance of 42.29 feet to a point;
Thence S. 11 ° 32' 38" E., a distance of 42.39 feet to a point;
Thence S. 01 ° 59' 01" W., a distance of 48.14 feet to a point;
Thence S. 03° 29' 10" W., a distance of 142.66 feet to a point;
Thence S. 00' 20' 40" W., a distance of 136.27 feet to a point on the southerly boundary of said
Quit Claim Deed and said northerly right of way of W. Ustick Road;
Thence along the southerly boundary of said Quit Claim Deed and said northerly right of way of
W. Ustick Road, N. 88° 44' 00" W., a distance of 20.00 feet to the POINT OF BEGINNING of
said access and utility easement.
This easement contains 9,017 square feet or 0.21 acres more or less.
Site Name: Meridian
BUN: 839612