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CC - Warranty Deed(s)ADA COUNTY RECORDER Phil McGrane 2020-121358 BOISE IDAHO Pgs=5 CHE FOWLER 09/16/2020 04:16 PM TITLEONE BOISE $15.00 SPECIAL WARRANTY DEED RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: DWT Investments LLC and SCS Investments 1031 LLC c/o Brighton Corporation 2929 W. Navigator Dr., Suite 400 Meridian, ID 83642 PACE ABOVE THIS LINE FOR RECORDER'S USE L & G MURGOITIO, LLC, an Idaho limited liability company ("Grantor"), for and in consideration of the sum of Ten Dollars ($10.00) cash and other good and valuable consideration paid by BRIGHTON DEVELOPMENT, INC., an Idaho corporation, and SCS INVESTMENTS 1031 LLC, an Idaho limited liability company, ("Collectively Grantee"), whose mailing address is 2929 W. Navigator Drive, Suite 400, Meridian, Idaho 83642, HAS GRANTED, BARGAINED, SOLD and CONVEYED, and by these presents DOES GRANT, BARGAIN, SELL and CONVEY unto Grantee, each as to an undivided 50% tenant -in - common interest, all that certain real property situated in Ada County, Idaho, as more particularly described on Exhibit "A" which is attached hereto and incorporated herein by reference, together with all appurtenances thereon or in anywise appertaining thereto and all improvements located thereon (said land, improvements and appurtenances being herein together referred to as the "Premises"). This conveyance, however, is made and accepted subject to taxes and assessments for the year 2020 and all subsequent years, together with any and all existing easements, rights -of -way, reservations, restrictions and encumbrances of record, to any existing tenancies, to all zoning laws and ordinances, and to any state of facts an accurate survey or inspection of the premises would show, and the matters listed in Exhibit "B" attached hereto and incorporated herein by reference. TO HAVE AND TO HOLD the Premises, with its appurtenances unto Grantee and Grantee's successors and assigns forever. THE PREMISES ARE SOLD AND CONVEYED TO GRANTEE "AS IS" AND "WHERE IS", AND WITH ALL FAULTS AND DEFECTS, LATENT OR OTHERWISE. EXCEPT FOR THE WARRANTY OF TITLE CONTAINED HEREIN, GRANTOR IS MAKING NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESSED OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, WITH RESPECT TO THE QUALITY, PHYSICAL CONDITION OR VALUE OF THE PREMISES, THE PREMISES' HABITABILITY, SUITABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, THE PRESENCE OR ABSENCE OF CONDITIONS ON THE PREMISES THAT COULD GIVE RISE TO A CLAIM FOR PERSONAL INJURY, PROPERTY OR NATURAL RESOURCE DAMAGES, THE PRESENCE OF HAZARDOUS OR TOXIC SUBSTANCES, MATERIALS OR WASTE, SUBSTANCES, CONTAMINANTS, OR POLLUTANTS ON, UNDER OR ABOUT THE PROPERTY. SPECIAL WARRANTY DEED - 1 02872.0010.13154929.1 Grantor hereby covenants with Grantee that said Premises are free from ail encumbrances made by it other than those expressly referenced herein and that it will warrant and defend said Premises against the lawful claims of all persons claiming by or through Grantor, but no others. EXECUTED this % day of September, 2020 L & G MURGOITIO. LLC an Idaho limited liability company By: _ 4",- , )Y, 4 Name: G fit. urgoiti ManagerlZ ,11L STATE OF IDAHO ) ) ss. County of Ada ) On this at-- day of September, 2020, before me, i(. -/-� 2 a Notary Public in and for said State, personally appeared Gary X Murgoitio, known or identified to me to be the Manager of L & G MURGOITIO, LLC, or the person who executed the instrument on behalf of said limited liability company and acknowledged to me that such limited liability company 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. •,••• 1 a 111 /„f,,,I D c-3:' ' :G, ' �OTARy • /'UB LIG • ;2. N,....� OF Notary Public for Idaho Residing at My commission expires Residing at: Boise, iD Commission expires: 1 1/28/2025 SPECIAL WARRANTY DEED - 2 02872.0010.13154929.1 EXHIBIT "A" LEGAL DESCRIPTION PARCEL l (Parcel 0902): A parcel of land being a portion of the North half of Section 5, Township 2 North, Range 1 East of the Boise Meridian, Ada County, Idaho being more particularly described as follows: Commencing at the Northwest corner of Section 5, Township 2 North, Range 1 East, Boise Meridian, thence South 89 degrees 57'42" East 2663.77 feet to the Northwest corner of the Northeast quarter of the REAL POINT OF BEGINNING of this description; thence South 89 degrees 57'30" East 287.50 feet along the North line of the Northeast quarter to a point; thence South 00 degree 00'00" East 104.38 feet to a point on the centerline of the Farr Lateral; Along the centerline of the Farr Lateral the following: thence South 69 degrees 12'36" East 194.76 feet to a point of curvature; thence 153.61 feet along a curve to the right; said curve having a radius of 200.00 feet, a central angle of 44 degrees 00' 19", a tangent of 80.82 feet and a chord of 149.86 feet which bears South 47 degrees 12'26" East 149.86 feet to a point of tangency; thence South 25 degrees 12' 17" East 135.17 feet to a point; thence South 22 degrees 30'27" East 1518.71 feet to a point; thence South 50 degrees 00'00" East 27.38 feet to a point; thence South 00 degree 22'36" East 32.24 feet to a point; thence North 64 dcgrces 59'21 " Wcst 64.46 fect to a point; thence North 46 degrees 02'32" West 379.56 feet to a point; thence South 68 degrees 36'36" West 694.84 feet to a point; thence South 43 degrees 00'l9" West 108.41 feet to a point; thence North 78 degrees 30'03" West 191.66 feet to a point on the West line of the Northeast quarter; thence North 00 degree 01' 18" East 1854.47 feet to the REAL POINT OF BEGINNING. EXHIBIT A TO SPECIAL WARRANTY DEED 02872.0010.13154929.1 EXHIBIT "B" 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 New York Irrigation District (208-378-1023) and is subject to any assessments levied thereby. 4. Right-of-way for Farr Lateral and the rights of access thereto for maintenance of said lateral. 5. Right-of-way for Lake Hazel Road. 6. Reservations and exceptions in a United States Patent, and in the act authorizing the issuance thereof, recorded September 8, 1905 in Book 3 of Patents, at Page 297, records of Ada County, Idaho. 7. An easement for the purpose shown below and rights incidental thereto as set forth in a Power Line Easement. Granted to: Idaho Power Company Purpose: erection and continued operation, maintenance, repair, alteration, inspection, and replacement of the electric transmission, distribution and telephone lines and circuits Recorded: February 24, 1950 Instrument No.: 297827 Book 22 of Miscellaneous Records at Page 309, records of Ada County, Idaho. 8. An easement for the purpose shown below and rights incidental thereto as set forth in a Right of Way Contract. Granted to: Pacific Northwest Pipeline Corporation Purpose: select a route for and construct, maintain, inspect, operate, protect, repair, replace, alter or remove a pipeline or pipelines for the transportation of oil, gas and the products thereof Recorded: September 23, 1955 Instrument No.: 383478 Book 29 of Miscellaneous Records at Pages 468, 469, and 470 records of Ada County, Idaho. An easement for the purpose shown below and rights incidental thereto as set forth in a Right of Way Contract. Granted to: Pacific Northwest Pipeline Corporation Purpose: select a route for and construct, maintain, inspect, operate, protect, repair, replace, alter or remove a pipeline or pipelines for the transportation of oil, gas and the products thereof Recorded: September 23, 1955 Instrument No.: 383479, records of Ada County, Idaho. Book 29 of Miscellaneous Records at Pages 471, 472, and 473 records of Ada County, Idaho. EXHIBIT B TO SPECIAL WARRANTY DEED - 1 02872.0010.13154929.1 10. An easement for the purpose shown below and rights incidental thereto as set forth in a Right -of - Way Easement. Granted to: Ada County Highway District Purpose: permanent access Recorded: August 10, 1992 Instrument No.: 9253120, records of Ada County, Idaho. 11. All matters, and any rights, easements, interests or claims as disclosed by Record of Survey No. 3614 recorded July 22, 1996 as Instrument No. 96061062, records of Ada County, Idaho. 12. Terms and provisions contained in an Access Easement by and between City of Meridian, a municipal corporation and L & G Murgoitio, LLC, an Idaho limited liability company. Recorded: May 15, 20C9 Instrument No.: 109056420, records of Ada County, Idaho. 13. Terms and provisions contained in a Declaration of Consent to Annexation. Recorded: October 21, 2015 Instrument No.: 2015-097518, records of Ada County, Idaho. 14. Terms and provisions contained in a Development Agreement by and between City of Meridian, a municipal corporation and L&G Murgoitio, LLC. Recorded: January 27, 2016 Instrument No.: 2016-007075, records of Ada County, Idaho. Terms and provisions contained in a Modified Development Agreement by and between City of Meridian, a municipal corporation and L&G Murgoitio, LLC. Recorded: June 19, 2019 Instrument No.: 2019-053058, records of Ada County, Idaho. 15. Terms and provisions contained in an Ordinance No. 16-1670. Recorded: January 27, 2016 Instrument No.: 2016-007086, records of Ada County, Idaho. 16. An easement for the purpose shown below and rights incidental thereto as set forth in a Water Main Easement. Granted to: City of Meridian, a municipal corporation Purpose: construction and operation of a water line and their allied facilities, together with their maintenance, repair, replacement and subsequent connection Recorded: January 6, 2017 Instrument No.: 2017-001445, records of Ada County, Idaho. EXHIBIT B TO SPECIAL WARRANTY DEED - 2 02872.0010.13154929.1 When recorded, please return to: SCS Investments LLC 3240 W. Bavaria Drive Eagle, ID 83616 ADA COUNTY RECORDER Phil McGrane 2021-078963 BOISE IDAHO Pgs=2 CHE FOWLER 05/19/2021 12:43 PM FIRST AMERICAN TITLE AND ESCROW COMPANY $15.00 QUITCLAIM DEED (3rd Option) For Value Received, SCS INVESTMENTS 1031 LLC, an Idaho limited liability company ("Grantor"), does hereby convey, release, remise and forever quit claim unto SCS INVESTMENTS LLC, an Idaho limited liability company whose address is 3240 W. Bavaria Drive, Eagle, Idaho 83616 ("Grantee"), an undivided ten percent (10%) tenant in common interest to the premises described on Exhibit A ("Property"), which is attached hereto and made a part hereof, together with all appurtenances relating to the Property. Dated May 18, 2021. STATE OF IDAHO ) ) ss. County of Ada ) GRANTOR: SCS INVESTMENTS 1031 LLC, an Idaho limited liability company By: SCS Management LLC, an Idaho limited liability company Its: Ma age By: _ / A 4zz is ael A. Hall, President This record was acknowledged before me on May 18, 2021, by Michael A. Hall as the President of SCS MANAGEMENT LLC, an Idaho limited liability company, manager of SCS INVESTMENTS 1031 LLC, an Idaho limited liability company. APRIL ALAINE COMMISSION#63192 Nola ryu lic or Idaho NOTARY PUBLIC My Commission Expires: March 5, 2026 STATE OF IDAHO QUITCLAIM DEED Exhibit A Legal Description A parcel of land situated in the Southeast quarter of Section 31, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada county, Idaho, and being more particularly described as follows: The Northwest quarter of the Southeast quarter: Beginning at a found 5/8-inch rebar marking the center quarter comer of said Section 31, which bears North 00016'52" East a distance of 2684.87 feet from a found 5/8-inch rebar marking the Soh quarter comer of said Section 31; thence following the Northerly line of the Northwest quarter of the Soul xkW quarter of said Section 31 North 89°57'56" East a distance of 1300.68 feet to the Northeast comer of said Northwest quarter of the Southeast quarter (Center -East 1/16 comer Section 31); thence leaving said Northerly line and following the Easterly line of said Northwest quarter of the Southeast quarter South 00°07'49" East a distance of 1346.20 feet to the Southeast comer of said Northwest quarter of the Southeast quarter (Southeast 1/16 comer Section 31); thence leaving said Easterly line and following the Southerly line of said Northwest quarter of the Southeast quarter North 89052'08" West a distance of 1310.34 feet to the Southwest comer of said Northwest quarter of the Southeast quarter (Center -South 1/16 comer Section 31); thence leaving said Southerly line and following the Westerly line of said Northwest quarter of the Southeast quarter North 00016'52" East a distance of 1342.44 feet to the Point of Beginning. QUITCLAIM DEED