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02_Warranty DeedRecording Requested By and When Recorded Return to: Justin Cranney, Esq. Hawley Troxell Ennis & Hawley LLP P.O. Box 1617 Boise, Idaho 83701 ADA COUNTY RECORDER Phil McGrane 2020-035127 BOISE IDAHO Pgs=9 HEATHER LUTHER 03/26/2020 12:52 PM TITLEONE BOISE $15.00 SPACE ABOVE THIS LINE FOR RECORDER'S USE ONLY SPECIAL WARRANTY DEED FOR GOOD AND VALUABLE CONSIDERATION, the receipt and sufficiency of which are hereby acknowledged, LYNX INVESTMENTS, LLLP, an Idaho limited liability limited partnership, formerly known as Lynx Investments, L.P., a California limited partnership ("Grantor"), conveys and specially warrants to HIGH DESERT DEVELOPMENT LINDER VILLAGE, LLC, an Idaho limited liability company ("Grantee"), whose mailing address is 2537 W. State Street, Suite 110, Boise, Idaho 83702, all of Grantor's right, title and interest in and to the real property located in Ada County, Idaho, together with all appurtenances thereto (the "Property"), more particularly described on Exhibit A attached hereto and by this reference made a part hereof. Together with 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 Property. TO HAVE AND TO HOLD the Property, with its all and singular hereditaments and appurtenances, unto Grantee, and Grantee's successors and assigns forever. Grantor makes no covenants or warranties with respect to title, express or implied, except that Grantor hereby covenants with Grantee that it will warrant and defend the Property against the lawful claims of all persons claiming by or through Grantor, and none other, subject to the matters above set forth. DATED this � day of March, 2020. LYNX INVESTMENTS, LLLP, an Idaho limited liability limited partnership By: Joseph D uart General Partner By: LJH GT Trust, Genera] Partner Josef D. I Investment -1- 42795.0012.12715779.2 STATE OF IDAHO ) ss. County of Ada ) On this � day of March, 2020, before me, IA,,cl� S�SrtOG , 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. ',e0ee•eeuag0e ♦ GO 6.0000000'do s : OTAI?j. •:, a pUB LtC o� • w •.° Na.25� O Notary Public for Idaty6 Residing at My commission expires °11114INctlell • jr4e 1 -2- 42795.(X)12. 12718779? EXHIBIT A LEGAL DESCRIPTION A portion of the Midway Place Subdivision, recorded in Book 1 of Plats at Page 33 of the Ada County Records, within the North 1/2 of Northwest 1/4 of Section 25, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho more particularly described as follows: BEGINNING at the Corner of Sections 23, 24, 25 and 26, monumented by a found Aluminum Cap as shown on CP&F Record 2017-072470, thence South 89°22'30" East, 2669.54 feet to the North 1/4 Corner of Sections 24 and 25 monumented by a found Aluminum Cap as shown on CP&F Record 2017-072469; Thence along the easterly line of the N 1/2 of the NW 1/4, South 00°32'03" West, 39.93 feet to the southerly right-o&way line for Highway 20/26 also known as West Chinden Boulevard; Thence continuing along said easterly line, South 00°32'03" West, 560.07 feet to the Almaden Lateral; Thence continuing along said easterly line, South 00°32'03" West, 726.83 feet to the Southeast Corner of the N 1/2 of the NW 1/4 (CN 1/16) of Section 25, monumented by a found 5/8" rebar with plastic cap stamped "FLSI PLS 7612'% Thence along the southerly line of said N 1/2 of the NW 1/4, North 89025'01 West, 2678.47 feet to the Southwest corner of the N 1/2 of the NW 1/4 (N 1/16), monumented by a found 5/8" rebar with plastic cap stamped "FLSI PLS 7612"; Thence along the westerly line of Section 25, North 00°55'10" East, 1328.81 feet to the POINT OF BEGINNING. Containing 81.510 acres, more or less. LESS THAN AND EXCEPT THE WINCO PARCEL (LOT 2): 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 255 Township 4 North, Range 1 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 24nch 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/&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 Grantors parcel; C. Thence along said right-o&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 89004'50" East, 4.50 feet to a point to be monumented with the final plat; -3- 42795.0012. 127 18779.3 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 00037'56" 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 00037156" West, 285.19 feet to a point to be monumented with the final plat; 12. Thence North 89009' 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 to the Point of Beginning. Containing 348,317 net square feet or 7.996 net acres, more or less. AND LESS THAN AND EXCEPT THE FUEL PARCEL (LOT 10): 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 1/2 of Northwest 1/4 of Section 25, Township 4 North, Range 1 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" 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 1/2 of the Northwest 1/4 monumented with a found 5/8" rebar with cap stamped "PLS 7612"; -4- 42795.0012. t 27I 8779? B. Thence along the South line of the North I2 of the Northwest 1/4 (the North 1/loth line), South 89°25'01 East, 48.50 feet to the Easterly Right -of -Way of N. Linder Road and the Westerly boundary line of said Grantor's parcel, monumented by a found 5/84ch rebar with cap stamped "PLS 7612"; Thence along the Easterly Right -of -Way of N. Linder Road the following courses and distances: C. Thence North 00°55' ] 0" East, 513.26 feet to a survey monument to be set, stamped "PLS 7612"; D. Thence South 89°04'50" East, 4.50 feet to a survey monument to be set, stamped "PLS 7612"; E. Thence North 00°55'10" East, 169.11 feet to a survey monument to be set, stamped "PLS 7612"; F. Thence North 89°04'46" West, 8.00 feet to a survey monument to be set, stamped "PLS 7612"; G. Thence North 00°55' 10" East, 282.18 feet to a survey monument to be set, stamped "PLS 7612"; H. Thence North 06°37'48" East, 120.60 feet to a survey monument to be set, stamped "PLS 7612"; I. Thence North 00°55' 10" East, 69.27 feet to a survey monument to be set, stamped "PLS 7612"; J. Thence North 45°46'23" East, 42.53 feet to a survey monument to be set, stamped "PLS 7612"; Thence along the Southerly Right -of -Way of W. Chinden Blvd (Highway 20/26) the following courses and distances: K. Thence South 89°22'30" East, 255.27 feet to a survey monument to be set, stamped "PLS 7612"; L. Thence along the arc a curve to the left 128.33 feet, having a radius of 362.13 feet, a central angle of 20'18'12" and subtended by a chord bearing North 80°28'24" East, 127.66 feet; M. Thence along a reverse curve to the right, having a radius of 362.13 feet, a delta angle of 2001812", an are length of 128.33 feet, and subtended by a chord bearing North 80028'24" East, 127.66 feet; N. Thence North 83°45'51 " East, 251.14 feet to a survey monument to be set, stamped "PLS 7612"; O. Thence South 89°22'30" East, 617.46 feet to a survey monument to be set, stamped "PLS 7612" to the POINT OF BEGINNING at the corner common to future Lots 10 and 9; 1. Thence continuing along said Southerly Right -of -Way South 89022130" East, 235.00 feet to a survey monument to be set, stamped "PLS 7612"; 2. Thence along the line common to Lots ] 0 and 11, South 00037'S6" West, 259.51 feet to a survey monument to be set, stamped "PLS 7612"; 3. Thence continuing along the line common to Lots 10 and 11, North 89022'04" West, 235.00 feet to a survey monument to be set, stamped "PLS 7612" at the corner common to future Lots 9 and 10; 4. Thence along the line common to said Lots 9 and 10, North 00°37'56" East, 259.48 feet to the POINT OF BEGINNING. Containing 60,982 square feet or 1.399 acres, more or less. AND LESS THAN AND EXCEPT RESIDENTIAL (LOT 1 BLOCK 2): 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 l/2 of Northwest 1/4 of Section 25, Township 4 North, Range 1 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. 1 1106778) more particularly described as follows: -5- 42795.0012J 2718779:2 COMMENCING at the Corner of Sections 23, 241 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" 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 1 /2 of the Northwest 1/4 monumented with a found 5/8" rebar with cap stamped "PLS 7612"; B. Thence along the South line of the North 1/2 of the Northwest 1/4 (the North l/16th line), South 89°25'01" East, 48.50 feet to the Easterly Right -of -Way of N. Linder Road and the Westerly boundary line of said Grantor's parcel, monumented by a found 5/&inch rebar with cap stamped "PLS 7612" the POINT OF BEGINNING; 1. Thence parallel with and 48.50 feet East of the section line, North 00°55' 10" East, 40.21 feet to the Southerly line of W. Plaza Shops Drive, monumented by a survey monument to be set, stamped "PLS 7612"; Thence along the Southerly Right -of --Way of W. Plaza Shops Drive the following courses and distances: 2. Thence North 45°55'16" East, 42.37 feet to a survey monument to be set, stamped "PLS 7612"; 3. Thence South 89°04'44" East, 260.53 feet to a survey monument to be set, stamped "PLS 7612"; 4. Thence North 88°37'S0" East, 25.69 feet to a survey monument to be set, stamped "PLS 7612' ; 5. Thence along the arc a curve to the left 82.46 feet, having a radius of 315.43 feet, a central angle of 14°58'45" and subtended by a chord bearing North 81 °0828 East, 82.23 feet; 6. Thence along the arc of anon -tangent curve to the left 123.20 feet, having a radius of 340.00 feet, a central angle of 20°45'39" and subtended by a chord bearing North 66°36'49" East, 122.52 feet; 7. Thence North 56°1AM" East, 195.32 feet to a survey monument to be set, stamped "PLS 7612"; 8. Thence along the arc a curve to the right 180.12 feet, having a radius of 300.00 feet, a central angle of 34°23'S9" and subtended by a chord bearing North 73°25'S9" East, 177.42 feet; 9. Thence South 89°22'O1"East, 730.57 feet to a survey monument to be set, stamped "PLS 7612"; 0. Thence along the arc a curve to the left 86.81 feet, having a radius of 200.00 feet, a central angle of 24°52'07" and subtended by a chord bearing North 78° 11'S6" East, 86.13 feet; 11. Thence North 65°45'52" East, 100.45 feet to a survey monument to be set, stamped "PLS 7612"; 12. Thence along the arc a curve to the right 69.44 feet, having a radius of 160.00 feet, a central angle of 24°52'OS" and subtended by a chord bearing North 78° 1 1'S5" East, 68.90 feet; 13. Thence South 89°22'03" East, 46.42 feet to the Westerly Right -of -Way line of N. Bergman Avenue, monumented by a survey monument to be set, stamped "PLS 7612"; Thence along the Westerly Right -of -Way line of N. Bergman Avenue the following courses and distances: -6- 42795.0012. 127 18779.2 14. Thence South 00°0000 East, 11.19 feet to a survey monument to be set, stamped "PLS 7612"; 15. Thence out 51 °2934 East, 28.84 feet to a survey monument to be set, stamped "PLS 7612; 16. Thence South 00°03'32" West, l 1.08 feet to a survey monument to be set, stamped "PLS 7612"; 17. Thence North 89°22'04" West, 000 feet to a survey monument to be set, stamped7612"; 18. Thence South 00°37'S6" West, 57.60 feet to a survey monument to be set, stamped "PLS 7612"; 19. Thence along the arc a curve to the right 32.20 feet, having a radius of 20.50 feet, a central angle of 89°59'52" and subtended by a chord bearing South 45°37'52" West, 28.99 feet; 20. Thence North 89°22'12" West, 76.41 feet to a survey monument to be set, stamped "PLS 7612"; 21. Thence along the arc a curve to the left 106.03 feet, having a radius of 67.50 feet, a central angle of 90°00'00" and subtended by a chord bearing South 45°37'48" West, 95.46 feet; 22. Thence South 00°37'48" West, 184.40 feet to the North 1/16th line of Section 25, monumented by a survey monument to be set, stamped "PLS 7612"; 23. Thence North 89°25'O1 "West, l 714.31 feet to the POINT OF BEGINNING. Containing 395,543 square feet or 9.080 acres, more or less. AND LESS THAN AND EXCEPT RESIDENTIAL ILOT 1 BLOCK 3)• 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 1/2 of Northwest 1/4 of Section 25, Township 4 North, Range 1 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. 11 106778) 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" Aluminum Cap as shown on CP&F Record 2017-072469 bears South 890 22' 30" East, 2669.54 feet; A. Thence South 00°55'10" West, 1328.81 feet to the Southwest Corner of the North 1/2 of the Northwest 1/4 monumented with a found 5/8" rebar with cap stamped "PLS 7612"; B. Thence along the South line of the North 1/2 of the Northwest 1/4 (the North 1/16th line), South 89°25'01 " East, 48.50 feet to the Easterly Right -of -Way of N. Linder Road and the Westerly boundary line of said Grantor's parcel, monumented by a found 5/8-inch rebar with cap stamped "PLS 7612"; C. Thence along the North 1/16th line, South 89°25'01 East, 1765.33 feet to the POINT OF BEGINNING; Thence along the Easterly Right -of -Way line of N. Bergman Avenue the following courses and distances: -7- 427 95.00 12. 127 18779.2 1. Thence North 00°37'48" East, 184.36 feet to a survey monument to be set, stamped "PLS 7612; 2. Thence along the are a curve to the right 32.20 feet, having a radius of 20.50 feet, a central angle of 90°00'00" and subtended by a chord bearing North 45°37'48" East, 28.99 feet; 3. Thence South 89°22'12" East, 76.41 feet to a survey monument to be set, stamped "PLS 7612"; 4. Thence along the arc a curve to the left 106.03 feet, having a radius of 67.50 feet, a central angle of 89°59'52" and subtended by a chord bearing North 45°37'52" East, 95.46 feet; 5. Thence North 00°37'S6" East, 57.60 feet to a survey monument to be set, stamped "PLS 7612"; 6. Thence North 89°22'04" West, 4.00 feet to a survey monument to be set, stamped "PLS 7612"; 7. Thence North 00°37'S6" East, 10.99 feet to a survey monument to be set, stamped "PLS 7612"; 8. Thence North 52°45'32" East, 29.14 feet to a survey monument to be set, stamped "PLS 7612"; 9. Thence North 00°37'S7" East, 11.09 feet to a survey monument to be set, stamped "PLS 7612"; Thence along the Southerly Right -of -Way of W. Plaza Shops Drive the following courses and distances: l0. Thence South 89°22'OS" East, 46.46 feet to a survey monument to be set, stamped "PLS 7612"; ] 1. Thence along the arc of anon -tangent curve to the left 188.20 feet, having a radius of 240.00 feet, a central angle of 44°5548 and subtended by a chord bearing North 68° 1003 East, 183.42 feet; ] 2. Thence North 45°42'09" East, 344.05 feet to a survey monument to be set, stamped "PLS 7612"; 13. Thence along the arc a curve to the right 118.37 feet, having a radius of 160.00 feet, a central angle of 42°23' 19" and subtended by a chord bearing North 66°53'48" East, 115.69 feet to a survey monument to be set, stamped "PLS 7612"; 14. Thence along a compound curve having a radius of 28.00 feet, a delta angle of 92033'09", an arc length of 45.23 feet, and subtended by a chord bearing South 45°37'S8" East, 40.47 feet to a survey monument to be set, stamped "PLS 7612"; 15. Thence South 00°38'36" West, 11.87 feet to a survey monument to be set, stamped "PLS 7612"; 16. Thence South 89°21'24" East, 37.01 feet to a survey monument to be set, stamped "PLS 7612"; 17. Thence North 00°38'36" East, 12.00 feet to a survey monument to be set, stamped "PLS 7612"; 18. Thence along the arc a curve to the right 43.98 feet, having a radius of 28.00 feet, a central angle of 90°00'00" and subtended by a chord bearing North 45°38'36" East, 39.60 feet; 19. Thence South 89°21'24" East, 24.31 feet to a survey monument to be set, stamped "PLS 7612" to the Center of Section line of said Section 25, monumented by a set 5/8-inch rebar with cap stamped "PLS 7612; 42795.0012.12715779 20. Thence along said Center of Section line, South 00°32'03" West, 728.96 feet to the Center North 1/16th Corner of Section 25, witnessed by a found 5/8-inch rebar with cap stamped "PLS 7612" which bears North 89°25'01 " West, 1.00 foot; 21. Thence along the North 1/16th line of said Section 25, North 89°2501" West, 868.66 feet to the POINT OF BEGINNING. Containing 4225122 square feet or 9.690 acres, more or less. -9- 4279S.Oo 12. 12718779.2