Warranty DeedADA COUNTY RECORDER Phil McGrane 2020-021124
BOISE IDAHO Pgs=7 KRISTINA LOWRY 02/21/2020 10:01 AM
TITLEONE BOISE $15.00
After recording, return to:
Idaho Central Credit Union
4400 Central Way
Chubbuck,ID 83206
Attn: Kent Oram
/6jf el %D / SPECIAL WARRANTY DEED
THIS SPECIAL WARRANTY DEED (this "Deed") is from Brighton Land Holdings LLC, an Idaho
limited liability company, whose address is 2929 W. Navigator Dr., Ste. 400, Meridian, Idaho 83642
("Grantor") to Idaho Central Credit Union, an Idaho state chartered credit union, whose address is as
above ("Grantee").
NOW THEREFORE for Ten Dollars ($10.00) and other good and valuable consideration, the
receipt and sufficiency of which is hereby acknowledged, Grantor hereby GRANTS, DELIVERS, SELLS
AND CONVEYS to Grantee all of the real property described on Exhibit A attached hereto together with
all of Grantor's rights, title and interest in and to all improvements thereon and all rights, privileges, and
hereditaments and appurtenances related or pertaining thereto (collectively, the "Property").
TO HAVE AND TO HOLD said Property with their appurtenances unto said Grantee and the
Grantee's successors and assigns forever. The Grantor does hereby warrant to said Grantee, that the
Grantor has not created or permitted to be created any lien, charge or encumbrance against the Property
except current years taxes, levies, and assessments and except easements visible upon the premises
and the exceptions described in Exhibit B attached hereto and made a part hereof by this reference; and
that Grantor will warrant and defend the same forever from all claims arising by, through or under Grantor.
THIS DEED SHALL BE BINDING upon and inure to the benefit of Grantor and Grantee and their
respective successors, heirs, legal representatives, and assigns.
EXECUTED TO BE EFFECTIVE AS OF THE 21ST DAY OF FEBRUARY, 2020.
BRIGHTON LAND HOLDINGS LLC
an Idaho limited liability company
By: BRIGHTON CORPORATION, MANAGER
d
By: 1
Robert L. Phillips, President
SPECIAL WARRANTY DEED — Page 1
STATE OF IDAHO )
ss
COUNTY OF ADA )
On this, QPday of February, 2020, before me, the undersigned Notary Public in and for said
State, personally appeared Robert L. Phillips, known or identified to me to be the President of Brighton
Corporation, an Idaho corporation, as Manager of Brighton Land Holdings, LLC, an Idaho limited liability
company, and acknowledged to me that he executed the within instrument on behalf of said corporation,
and that such corporation executed the same in said corporation's name.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in
this certificate first above written.
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HARI VAUGHAN
ublic - State of Idaho
ion Number 20181002
sion Expires Jun 1, 2024
VV4�-�- � JA,,,4 4 v`--
Notary Public for Idaho
My commission expires to - /— 90,-24
SPECIAL WARRANTY DEED - Page 2
EXHIBIT A
Legal Description
Lots 9, 10 and 11, Block 2 of TM CREEK SUBDIVISION NO. 2, according to the official
plat thereof, filed in Book 112 of Plats at Pages 16402 through 16407, official records of
Ada County, Idaho.
Exhibit A
EXHIBIT B
Permitted Exceptions
1. Taxes, including any assessments collected therewith, for the year 2020 which are a lien not yet due and payable.
2. The land described herein is located within the boundaries of City of Meridian (208-888-4433) and is subject to any
assessments levied thereby.
3. The land described herein is located within the boundaries of Nampa -Meridian Irrigation District (208-466.7861) and is
subject to any assessments levied thereby.
4. Right-of-way for Ten Mile Drain and the rights of access thereto for maintenance of said Drain.
5. The following reservations and exceptions in a United States Patent, and in the act authorizing the issuance thereof,
recorded May 31,1893 in Book 3 of Patents, at Page 71, records of Ada County, Idaho.
a.) "Subject to any vested and accrued water rights for mining, agricultural, manufacturing or other purposes, and
rights to ditches and reservoirs used in connection with such water rights as may be recognized and acknowledged by
the local customs, laws and decisions of Courts, and also subject to the right of the proprietor of a vein or lode to
extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted,
as provided by law; and there is reserved from the lands hereby granted, a right of way thereon for ditches or canals
constructed by the authority of the United States".
6. An easement for the purpose shown below and rights incidental thereto as set forth in a Document.
Granted to: Boise Valley Railway Company
Purpose: right of way
Recorded: February 13,1913
Instrument No.: 47084
Book 104 of Deeds, at Pages 237 and 238, records of Ada County, Idaho; and
A Deed transferring the aforementioned right of way.
Granted to: Idaho Power Company
Purpose: construct, maintain and operate a transmission line or lines together with the necessary poles, wires, fixtures,
cross arms, and other appurtenances for the transmission of electrical current
Recorded: December 23,1922
Instrument No.:103262
Book 156 of Deeds at Pages 222 and 223, records of Ada County, Idaho.
Note: The aforementioned right of way is depicted on Record of Survey No. 8965 recorded May 6, 2011 as Instrument
No.111037752, records of Ada County, Idaho.
7. Terms and provisions set forth in an Agreement by and between Elton C. Clapp and Emily Clapp, husband and wife;
Nellie J. Neitzel; Serafin Lopez De Vinaspre; Maude M. Goulding and Lowell Manchester.
Recorded: July 15,1940
Instrument No:198669
Book 16 of Contracts, at Page 605 and 606, records of Ada County, Idaho.
8. Terms and provisions set forth in a Master Pathway Agreement.
Recorded: December 26, 2000
Instrument No.:100102999, records of Ada County, Idaho;
Exhibit B
Terms and provisions set forth in an Agreement by and between Nampa & Meridian Irrigation District and City of
Meridian.
Recorded: November 13, 2017
Instrument No.: 2017-108416, records of Ada County, Idaho.
9. An easement for the purpose shown below and rights incidental thereto as set forth in Permanent Slope/Cut
Easement Agreement.
Granted to: Ada County Highway District
Purpose: the construction of permanent cut slope allowing for the stability of the embankments which adjoin the
Highway; and for maintenance and repair of such slope
Recorded: April 30, 2008
Instrument No.:108050965, records of Ada County, Idaho.
10. An easement for the purpose shown below and rights incidental thereto as set forth in a Permanent Easement
(Permanent Cut/Fill Easement).
Granted to: State of Idaho, Idaho Transportation Department
Purpose: constructing or installing a drainage facility
Recorded: January 13, 2012
Instrument No.:112003765, records of Ada County, Idaho.
11. Terms and provisions set forth in a Development Agreement by and between the City of Meridian and SCS Brighton,
LLC.
Recorded: June 12, 2014
Instrument No.:114045759, records of Ada County, Idaho;
Terms and provisions set forth in an Addendum to Development Agreement
Recorded: May 4, 2016
Instrument No.: 2016-037777, records of Ada County, Idaho;
Terms and provisions set forth in an Addendum to Development Agreement
Recorded: August 11, 2016
Instrument No.: 2016.073497, records of Ada County, Idaho;
Terms and provisions set forth in a 2nd Addendum to Development Agreement
Recorded: November 29, 2017
Instrument No.: 2017-113747, records of Ada County, Idaho.
12. Terms and provisions set forth in a City of Meridian Ordinance No.14-1615.
Recorded: June 12, 2014
Instrument No.:114045762, records of Ada County, Idaho.
13. An easement for the purpose shown below and rights incidental thereto as set forth in a Declaration and Grant of
Easement.
Purpose: ingress and egress of vehicular travel, including emergency vehicles, and the installation and operation of
public utilities
Recorded: November 12, 2015
Instrument No.: 2015-104241, records of Ada County, Idaho;
Terms and provisions set forth in a Correction Amendment to Declaration and Grant of Easement.
Recorded: March 19, 2019
Instrument No.: 2019.021638, records of Ada County, Idaho.
14. An easement for the purpose shown below and rights incidental thereto as set forth in Permanent Easement.
Granted to: Ada County Highway District, a body public and corporate of the State of Idaho
Purpose: construction, reconstruction, operation, maintenance and placement of a Highway (as defined in Idaho Code,
section 40-109) and any other facilities or structures incidental to the preservation or improvement of the Highway.
Recorded: May 6, 2016
Instrument No.: 2016-038880, records of Ada County, Idaho.
15. Terms and provisions set forth in an Ordinance No.16-1695.
Recorded: June 30, 2016
Instrument No.: 2016-057837, records of Ada County, Idaho.
16. Master Declaration of Covenants Conditions and Restrictions and Reciprocal Easement Agreement for Ten Mile
Creek, but omitting any covenants or restrictions, if any, to the extent that such covenants, conditions or restrictions
violate 42 USC 3604 (c) or any other ordinance, statute or regulation.
Recorded: July 19, 2016
Instrument No.: 2016-064819, records of Ada County, Idaho;
First Amendment to Master Declaration of Covenants Conditions and Restrictions and Reciprocal Easement Agreement
for Ten Mile Creek.
Recorded: October 31, 2016
Instrument No.: 2016-105315, records of Ada County, Idaho;
Second Amendment to Master Declaration of Covenants Conditions and Restrictions and Reciprocal Easement
Agreement for Ten Mile Creek.
Recorded: June 30, 2017
Instrument No.: 2017-060093, records of Ada County, Idaho;
Third Amendment to Master Declaration of Covenants Conditions and Restrictions and Reciprocal Easement
Agreement for Ten Mile Creek.
Recorded: December 5, 2017
Instrument No.: 2017-115929, records of Ada County, Idaho.
17. Terms and provisions set forth in a License Agreement by and between Nampa & Meridian Irrigation District and
SCS Brighton LLC., an Idaho limited liability company.
Recorded: February 10, 2017
Instrument No.: 2017-012735, records of Ada County, Idaho;
Terms and provisions set forth in an Addendum to License Agreement
Recorded: November 13, 2017
Instrument No.: 2017.108417, records of Ada County, Idaho.
18. Terms and provisions set forth in a Memorandum of Owner Participation Agreement by and between Meridian
Development Corporation; Ten Mile Crossing, Inc., an Idaho corporation; Brighton Corporation, an Idaho corporation;
SCS Brighton LLC, an Idaho limited liability company; Brighton Investments LLC, an Idaho limited liability company;
SCS Investments LLC, an Idaho limited liability company; and SBG Ten Mile Office No.1, LLC, an Idaho limited liability
company.
Recorded: February 23, 2017
Instrument No.: 2017.016473, records of Ada County, Idaho.
19. Terms and provisions set forth in a Temporary License Agreement by and between Ada County Highway District
and Brighton Land Holdings, LLC, a limited liability company and SCS TM Creek, LLC, a limited liability company.
Recorded: June 26, 2017
Instrument No.: 2017-058116, records of Ada County, Idaho.
20. An easement with certain terms and provisions set forth in a Declaration and Grant of Easement.
Grantor: Brighton Land Holdings LLC, an Idaho limited liability company and SCS TM Creek LLC, an Idaho limited
liability company
Recorded: August 30, 2017
Instrument No.: 2017-081211
Re -Record: November 7, 2017
Instrument No.: 2017-106869, records of Ada County, Idaho.
21. An easement for the purpose shown below and rights incidental thereto as set forth in a Pedestrian Pathway
Easement.
Granted to: City of Meridian, an Idaho municipal corporation
Purpose: public pedestrian pathway easement for multiple -use non -motorized recreation, with the free right of access
Recorded: October 11, 2017
Instrument No.: 2017.096846, records of Ada County, Idaho.
22. Easements, reservations, restrictions, and dedications as shown on the plat of TM Creek Subdivision No. 2 recorded
December 5, 2017 as Instrument No. 2017-115925, records of Ada County, Idaho.
23. Terms and provisions set forth in a Central District Health Letter.
Recorded: December 5, 2017
Instrument No.: 2017-115934, records of Ada County, Idaho.
24. Terms and provisions contained in a City of Meridian Development Surety Agreement by and between City of
Meridian, a municipal corporation and Brighton Development, Inc.
Recorded: January 5, 2018
Instrument No.: 2018.001683, records of Ada County, Idaho.
FORM