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AFFIDAVIT OF LEGAL INTEREST 1250 W. Ustick Road-(~) ADA COUNTY RECORDER Christopher D. Rich AMOUNT 58.00 17 BOISE IDAHO 07/11/2011 01 :37 PM DEPUTY Bonnie Oberbillig I llllll lllll lllll lllll lllllll Ill llllll llll lllllll Ill lllll llll llll Slmpllme Electronic Reconllni: RECORDED-REQUEST OF RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: PIONEER TITLE COMPANY OF ADA C WHEN RECORDED Rl!TURN TO: OLD REPUBLIC T111.e ATTN: POST CLOSING 630 SOUTH MAIN STREET SUITE 1031 AKRON, OH 44311 0\-11\ 31L1'2fo·03E Q:) . . :le: Prepared by: Lake & Cobb, PLC ELECTRONICALLVAEOOll!leB: B'''ot REMOVE THE COUNTY §Tl\MllE ~ ist PAGE AS IT IS NOW IN!l@~~ RJ . /ls PARTOFTHEORIGINAb6§§ ~ . 1095 W. Rio Salado Pkwy, Suite 206 Tempe, Arizona 85281 SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE GRANT OF EASEMENT Grantor: Alice L. Saleen, an unmarried woman 111055362 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 #: S0436336230 Site ID: Meridian (839612) The legal description of the property conveyed herein can be found on Exhibit C. • • RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: WHEN RECORDED RETURN TO: OLD REPUBLIC nn.e ATTN: POST Cl.OS/NG 630 SOUTH MAIN STREET SUITE 1031 AKRON, OH 44311 0\-11131ll' l\r03£ ({) :JE Prepared by: Lake & Cobb, PLC ELECTRONICALLY 11mig1:©eo : es ,, 'Ot REMOVE THE COUNTY lib\M~Eti ~J~"t PAGE AS IT IS NOW IN~efi~eRAf~' ~ ,. s PART OF THE ORIGIHAL-!100t/ME . I 095 W. Rio Salado Pkwy, Suite 206 Tempe, Arizona 85281 SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE Gran tor: Grantee: Site Address: Site County: Assessor's Tax Parcel ID#: Site ID: GRANT OF EASEMENT Alice L. Saleen, an unmarried woman Crown Castle Towers 09 LLC, a Delaware limited liability company 1250 W. Ustick Road, Meridian, Idaho 83642 Ada S0436336230 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 jJ_ day of '"J"UJIL, , 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 Propertv. 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-1" 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 Site Name: Meridian 2 BUN: 839612 " • 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. Site Name: Meridian BUN: 839612 3 Stte Name: Meridian BUN: 839612 • 4 • 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. Site Name: Meridian BUN: 839612 5 " • 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. If to Grantor: Site Name: Meridian BUN: 839612 Alice L. Saleen 1250 W. Ustick Road Meridian, Idaho 83642 6 If to Grantee: Site Name: Meridian BUN: 839612 • Crown Castle Towers 09 LLC c/o Crown Castle USA Inc. E. Blake Hawk, General Counsel Attn: Real Estate Department 7 Site Name: Meridian BUN: 839612 • 8 Site Name: Meridian BUN: 839612 • • [Signature pages follow] 9 • • 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. ST ATE OF _24.c;;;.J;,<.,,_,,/dz"""-"'..v"""'-- COUNTY OF _-LA_._.._~"""~-- ) )ss. ) GRANTOR: By:---'--'~ A~i_...,/._.;f:'-> ~~=~'-· ___::==--- ALICE L. SALEEN, an unmarried woman On this tJ:i!:day of O UV\.(.....-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. '--'-----------~ Site Name: Meridian BUN: 839612 Residing at: 19f :t; 6 ,<)'/.,/fNWr' v I ...-~ My Commission Expires: 7 -2@-22> /& 10 ' IN WITNESS WHEREOF, the undersigned has hereunto set its hand and seal to this Assignment as of the date first set forth above. LENDER: Vanderbilt Mortgage and Finance Inc., a Tennessee corporation By: Name: Title: Sccv-e J.e..r1 } ACKNOWLEDGMENT COUNTY 0 F (?, I o c..ur-..-+ On this It.~day of -S.M\.A. , 2011, before me, the subscriber, a Notary Public, in and for said State and County, personally appeared ~li...,..u) kxi.('<U<, Suv=Vo-ct of Vanderbilt Mortgage and Finance, Inc., a Tennessee corporation, and in due form and law acknowledged that he/she is authorized on behalf of said entity 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 entity. 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. ~4f11vr~· \1 111111111 Notary PUblils D '''" F •• ''''' ,,,~ e.. . ""C-i; ,,, My Commission Expires: 0/3/a.o14 /~~············ ~~ I ~ ~ ••• STATE ••• ~ ~ ~"ff: OF -. (1'\; : UJ : TENNESSEE : <.;: (SEAL REQUIRED) ; ~ NOTARY i ;: ~ ~·· •• PUBLIC •• •• j ~w .. •. ' ,,~.~········· ~ '• ~ ··.. ,,,, ... ,,, 9 . •: .. ,,.,p ' ACKNOWLEDGMENT AND AGREEMENT Grantee acknowledges receipt of a copy of this Assignment and agrees to comply with the terms of the Assignment, as such terms relate to it. GRANTEE: Crown Castle Towers 09 LLC, a Delaware limited liability company By: Name: Title: Estate .. -nsact1on Manage1 aeal nu STATE OF lbCl\S COUNTY OF lfflie IS On this ~ day of , \1 ) tJE: , 2011, before me, the subscriber, a Notary Public, in and for said State and County, personally appearec!l0\c'f VAfJ<WOL-, the @-1'1.A ed. of Crown Castle Towers 09 LLC, a Delaware limited liability company, and in due fonn and 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. My Commission Expires: 3-'S-/~ (SEAL REQUIRED) JO • • 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. COUNTY OF~----~ ) )ss. ) GRANTOR: By: ____________ _ ALICE L. SALEEN, an unmarried woman On this __ day of 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. Notary Seal (Signature of Notary) Residing at:-------------- ~-------------~ My Commission Expires:--------- Site Name: Meridian BUN: 839612 IO • STATE OF lEf AS ) )ss. COUNTY OF \tfrf.t.lS ) • GRANTEE CROWN CASTLE TOWERS 09 LLC, a Delaware limited liability company ~~~tNam~ Title: Tracy Van Swol Real Estate Transaction Manager On this _ft_ day of Ju\\\e: 2011, before me, the subscriber, a Notary Public in and for said State and County, personally appeared Tf?AC'f Vl\i\J'5WDL the fer Mc::s-g. 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 Seal (Signature of Notary) Residing at: /:;.,Jo ftV6vsnt ,:/ff;()() Hn11S13n IA ; I ~--------------' My Commission Expires: ~?r"'-"':J""'S°'-"'1'-'f-,__ ___ _ Site Name: Meridian BUN: 839612 11 ·. • • 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 I West of the Boise Meridian, Ada County, Idaho, a tract ofland 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 comer common to Sections 35 and 36, Township 4 North, Range I West, Boise Meridian, and Sections I and 2, Township 3 North, Range I West, Boise Meridian, Ada County, Idaho, thence North along the section line, 1321.66 feet to the south sixteenth section comer 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' 1 O" East along the centerline of a certain drain canal, 6~2.66 feet to a steel pm; Thence North, 19 I .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 BUN: 839612 Site Name: Meridian BUN: 839612 • • EXHIBIT "B" TO GRANT OF EASEMENT [Site sketch including access road to property] • EXHIBIT A Survey [see attached] A-I • • ' ' I~ !~ r I' i! ~ n~ ;!Ii i ii ii iii I~! ! i ;. =CJ: ~m t§~~~ I! al 11· i ~~ ~ 0 i "i. i 1"' a !§ , c l 1 ~i ~ I~ ~I 1 1~ =i~ , i I·~ •c ~. !c::: < z ~ ·~g~ I i• I 111 ~·· I H ; ~'!"'tr] ! ;; ~ <.ti • -~ ~ ~!~. I ii ~ 1,, ·i~ ~1101 G ii g"' I~~ I> 1-~ gi-~·2 ~~ ii!~ t°""' • :<'~JI I~ ., I ~· i ~-:.. ~ i~ I "" ~-~ ~ 1! ! j! ·1~ ~~< !~ '!· ·1 i i ' i . ;B h"-. ~ ~· UI ~J"·~ d l ~ -·1· l !~ i n•· 11-~ ;; ~ c ! pi i d I~ • •• , f:i tr] ~~ • ~ 10 ~ ~ I • I~ l~ I ~· ! ~ ~ . ,. ~ • EXHIBIT B Mortgage [see attached] B-1 • ' ' .I ~i ~ • • EXHIBIT "C-1" TO GRANT OF EASEMENT [Description of Easement Area] A parcel ofland for a cell tower perpetual easement parcel being a portion of the SWI/4 SWl/4 of Section 36 Township 4 North, Range I West, Boise Meridian, Ada County, Idaho more particularly described as follows: Commencing at the southwest comer of said SWl/4, SWl/4 (section comer common to sections I and 2, T. 3 N., R. I W. and sections 35 and 36, T. 4 N., R. I W.), said comer bears N. 88°44' 00" W., a distance of2662.25 feet from a found brass cap monument marking the southeast comer of said SWl/4 (1/4 comer common to section I, T. 3 N., R. I W., and section 36, T. 4 N., R. I W.); Thence along the southerly boundary of said SWl/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 of25.00 feet to a found 5/8 inch diameter iron pin, stamped LS 5292, marking the southwest comer 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 of20.00 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 SWl/4 SWl/4 of Section 36 Township 4 North, Range I West, Boise Meridian, Ada County, Idaho more particularly described as follows: Commencing at the southwest comer of said SWl/4, SWl/4 (section comer common to sections I and 2, T. 3 N., R. I W. and sections 35 and 36, T. 4 N., R. I W.), said comer bears N. 88°44' 00" W., a distance of2662.25 feet from a found brass cap monument marking the southeast comer of said SWl/4 (1/4 comer common to section I, T. 3 N., R. I W., and section 36, T. 4 N., R. I W.); Thence along the southerly boundary of said SWl/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 of25.00 feet to a found 5/8 inch diameter iron pin, stamped LS 5292, marking the southwest comer of Quit Claim Deed Instrument No. 110030722 and the northerly right of way ofW. 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 of82.38 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 ofW. 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. 0 I 0 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 of20.00 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 I 0.29 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 of25.45 feet along said curve to the left and said tower easement boundary, having a radius of 16.50 feet, through a central angle of88° 21' 42", the long chord of which bears, N. 07° 52' 31" E., a distance of23.00 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 of20. l 7 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. 0 I 0 59' 0 I" W., a distance of 48.14 feet to a point; Thence S. 03° 29' IO" 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 ofW. 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 of20.00 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