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Home My WebLink AboutHarks Corner PBA 14-003 May2015May 8, 2015 Mr. John Austin John Austin Surveying 10636 W. Cranberry Boise, ID 83713 RE: Hark's Comer—Property Boundary Adjustment (PBA -14-003) Dear Mr. Austin: Mayor Tammy de Weerd City Council Members: Keith Bird Joe Borton Luke Cavener Genesis Milam Charlie Rountree David Zaremba A Property Boundary Adjustment for the above -referenced property was tentatively approved by the Director on May 8, 2014. This approval was granted contingent upon the completion of several tasks as required by UDC 11 -6B -8C2 within one year of the date of tentative approval. The Applicant has now completed the required tasks within the time period allowed. Therefore, the Director deems the property boundary adjustment is in conformance with UDC 11-6B-8 and hereby grants final approval of the property boundary adjustment per the attached Record of Survey. The Applicant, Director, or a Party of Record may request City Council review of a decision of the Director. All requests for review shall be filed in writing with the Planning Division of the Community Development Department on or before May 23, 2015, within fifteen (15) days after this written decision is issued, and contain the information listed in UDC 11 -5A -6B. If City Council review of the decision is not requested, the action of the Director represents a final decision on a land use application. You have the right to request a regulatory taking analysis under Idaho Code 67-8003. Thank you for contributing to the success of Meridian. Please help us serve you better in the future. Visit our web -site at www.meridianci .oi g Planning/ to fill out a comment card and give us feedback on how we are doing. Sincere , L , Caleb Hood, AICP Planning Division Manager CH:sw Attachment: Record of Survey Community Development Department - 33 E. Broadway Avenue, Ste. 201, Meridian, ID 83642 Phone: 208-884-5533 Fax: 208-888-6854 www.meridiancity.org } W N W O Q O O Wry Z O (n Q 0] r7 fn D W U) = m FT� Z " O Q3: f� O a U �z F f� 1- z E- v 0za mood E•I p Q o U W N W In Q Q Z W J U � W W Z O O r L w O Z W W I -- 7 —Z U 0 Q Z Q I ,w S6 V V Z Z o � D � LJ wpm o3unaNn Z r wd 3..V6Irc. UN Z �wm O o M M, wr vs p6� OVOH N30NI1 S Ju ;h�2 1 � KRo xwu $ '- a pax a s I ,w S6 � D � o3unaNn wd 3..V6Irc. UN wimiNn tt _ ze•e_eez_ m:eo,ccoos p6� OVOH N30NI1 S o M a NOA6.9i I 11 a o Iii. ^I �M1 I � D � 3..V6Irc. UN wimiNn � D � tt n o/. M a a o ADA COUNTY RECORDER Christopher 0. Rich AMOUNT 16.00 3 BOISE IDAHO 03131114 03:26 PM RDEPUTY ECORDED s REQUEST OF III IIIIIIIIII III IIIII I IIIIIIIII II I III j L $ J Capital 114023462 AFTER RECORDING MAIL TO: L & J Capital Ventures LLC PO Box 190182 Boise, Idaho 83719-0182 QUITCLAIM DEED Date: March SX 2014 For Value Received, Synergy Capital LLC, an Idaho limited liability company, do(es) hereby convey, release, remise, and forever quit claim unto L & 3 Capital Ventures, LLC, an Idaho limited liability company, whose address is PO Box 190182, Boise, ID 83719, the following described premises In Ada County, Idaho, to -wit: Legal Description attached hereto as Exhibit A, and by this referenced Incorporated herein. together with their appurtenances. Dated: M Pia -0- ck 'mss k 20 Page 1 of 3 Synergy Capital LLC J~ 1-161, , Manager STATE OF Idaho ) ss. COUNTY OF Ada On this gL day of April , in the year 2014, before me, a Notary Public in and for said State, personally appeared Jeffrey Hall, known or identified to me to be the person(s) whose names) is/were subscribed to the within Instrument as one of the Manager of Synergy Capital LLC, which is known or identified to me to be the entity whose name is subscribed to the within instrument and acknowledged to me that he/she/they executed the same in said Limited Liability Company'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. ry Pub' ofof ah" ol�/� esiding at: — ID ,�®aao �000$o My Commission Expires: 3. ZiA °°OoV� a� OVAG37Y ood 00 ,� Page 2 of 3 EXHIBIT A LEGAL DESCRIPTION: Real property In the County of Ada, State of Idaho, described as follows: A PARCEL OF LAND SHOWN AS PARCEL B OF RECORD OF SURVEY 7938 RECORDED AS INSTRUMENT NO. 107083896, BEING A PORTION OF LOT 2 AND LOT 3, VAN HEES SUBDIVISION, AS FILED FOR RECORD IN BOOK 12 OF PLATS AT PAGE 688, ADA COUNTY RECORDS, BOISE, IDAHO AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A BRASS CAP MARKING THE NORTHEASTERLY CORNER OF SECTION 14, T.3N.,R. ] W., B.M., ADA COUNTY, IDAHO; THENCE SOUTH 0°33'08" WEST 296.00 FEET ALONG THE EASTERLY BOUNDARY OF SAID SECTION 14, WHICH IS ALSO THE CENTERLINE OF SOUTH LINDER ROAD TO A POINT; THENCE LEAVING SAID EASTERLY BOUNDARY AND CENTERLINE NORTH 89013'17" WEST 36.00 FEET TO AN IRON PIN MARKING THE SOUTHEASTERLY CORNER OF LOT 5 WHICH IS ALSO THE WESTERLY RIGHT-OF-WAY OF SOUTH LINDER ROAD; THENCE NORTH 0033108" EAST 225.59 FEET TO AN IRON PIN MARKING AN ANGLE POINT IN THE RIGHT- OF-WAY OF SOUTH LINDER ROAD; THENCE NORTH 40044'40" WEST 33.94 FEET ALONG SAID RIGHT-OF-WAY TO AN IRON PIN MARKING AN ANGLE POINT ON THE RIGHT-OF-WAY OF WEST FRANKLIN ROAD; THENCE NORTH 99013117" WEST 241.72 FEET ALONG THE SOUTHERLY RIGHT-OF-WAY OF WEST FRANKLIN ROAD TO A PK NAIL IN THE FACE OF THE CONCRETE CURB MARKING THE NORTHWESTERLY CORNER OF PARCEL A WHICH IS ALSO THE NORTHEASTERLY CORNER OF PARCEL B AND THE REAL POINT OF BEGINNING OF PARCEL B; THENCE CONTINUING NORTH 89013'17" WEST 125.00 FEET ALONG SAID SOUTHERLY RIGHT-OFWAY OF WEST FRANKLIN ROAD TO AN IRON PIN; THENCE LEAVING SAID SOUTHERLY RIGHT-OF-WAY OF WEST FRANKLIN ROAD SOUTH 0032'09" WEST 251.00 FEET ALONG SAID WESTERLY BOUNDARY OF PARCEL B TO AN IRON PIN; THENCE LEAVING SAID WESTERLY BOUNDARY SOUTH 89013'17' EAST 125.00 FEET ALONG THE SOUTHERLY BOUNDARY TO A POINT; THENCE LEAVING SAID SOUTHERLY BOUNDARY NORTH 0032'09" EAST 251.00 FEET ALONG THE EASTERLY BOUNDARY TO THE POINT OF BEGINNING. APN: R8956000050,1711 W. Franklin Road, Meridian, Ada County, Idaho Page 3 of 3 W I KK V C4DKiIO-RI Sonya Watters From: Sonya Watters Sent: Thursday, April 30, 2015 10:55 AM To: 'Jeffrey Hall' Subject: RE: Checking In Yes, I received your email, sorry for the delay in getting back to you. I only have one deed and I need one for each new parcel that incorporates the revised legal description. I also need new parcel #'s for Parcels 1 & 4 (you only submitted new parcel #'s for Parcels 2 & 3). From: Jeffrey Hall [mailto:Jeffrey.Hal l@comre.com] Sent: Thursday, April 30, 2015 8:44 AM To: Sonya Watters Subject: Checking In Morning, I just wanted to follow up with you to make sure you received my email the other day with the deeds, survey and parcel numbers on Harks??? Thanks! Jeffrey Hall Director - Retail Specialist T +1 (208) 287 9489 0 +1 (208) 287 9500 M +1 (208) 794 8020 F +1 (208) 287 9501 Jeffrev.Hallt7a,comre.com I view my online profile Commerce Real Estate Solutions A Member of the Cushman & Wakefield Alliance 398 South 9th Street, Suite 260, Boise, ID, 83702, United States Unsubscribe This e-mail and any attachment contain confidential information that may be legally privileged. If you are not the intended recipient, you must not review, retransmit, print, copy, use or disseminate it. Please immediately notify me by return e-mail and delete it. If this e-mail contains a forwarded e-mail or is a reply to a prior e-mail, the contents may not have been produced by the sender and therefore we are not responsible for its contents. It is the recipient's responsibility to take measures to ensure that this e-mail is virus free, and no responsibility is accepted by the author or Commerce Real Estate Solutions for any loss or damage arising in any way from its use. YE IIDIAI�TT;--- May 8, 2014 Mr. John Austin John Austin Surveying 10636 W. Cranberry Boise, ID 83713 RE: Hark's Corner — PBA -14-003 Dear Mr. Austin: Mayor Tammy de Weerd City Council Members: Keith Bird Brad Hoaglun Charles Rountree David Zaremba This letter is to confirm that the Director tentatively approved your property boundary adjustment application for the subject property. In accord with UDC 11-613-8C.2, the applicant or owner shall have one year to complete the following tasks: a.' -Cause the property to be surveyed and a record of survey recorded; b. Execute and record the necessary deeds to accomplish the property boundary adjustments as approved; c. Obtain new tax parcel numbers from the Ada County Assessor; and d. Provide copies of the recorded record of survey, recorded deeds, and the new tax parcel numbers to the director. Upon determination by the Director that the final property boundary adjustment is in conformance with UDC 1l - 6B -8, a letter of approval will be issued. If you should have any further questions regarding this matter, please don't hesitate to contact Sonya Watters at (208)884-5533. Thank you for contributing to the success of Meridian. Please help us serve you better in the future. Visit our web -site at www.iiiet,idiaiicitv.orp-/Planiiitip-I to fill out a comment card and give us feedback on how we are doing. Sincerely, Caleb Hood, AICP Planning Division Manager CH:sw Community Development Department - Planning Division • 33 E. Broadway Avenue, Meridian, ID 83642 Phone 208-884-5533 Fax 208-888-6854 www.meridiancity.org - Name: William L. Mahn Phone: (208) 287 -7207 - Email; wmahn@adaweb.net Tl74 —77.•'.� c%ju(•`f'�' }' V'� ` Status: Active - Code Area: 03 Status State Category _ Code Acres - Property Type: Real - Address: 1767 W FRANKLIN RD Active 210 1.380 360,700 MERIDIAN ID 83642-0000 iTN tt' N. �ffl: Group Type; SUB „ba`f�hh _� t- �r PropertyRoll Non -Occupancy Name: FRANKLIN INVESTMENT CO LLC Group #: 895600 Mailing Address: PO BOX 6770 Group Description: VAN REES SUB MERIDIAN KETCHUM ID 833404000 Zoning: C -C ,- Township/Range/Section: 3N IR 14 1,755,200. Property Description: PAR #0010 OF LOTS 01-02 Assessment Not -Certified VAN HEES SUB (MERIDIAN) - - - - PARCEL 2 R/S 5574 #0008-S - Name: William L. Mahn Phone: (208) 287 -7207 - Email; wmahn@adaweb.net Tl74 —77.•'.� c%ju(•`f'�' }' V'� ` ._:1ymay{ Status State Category _ Code Acres Assessed Value . Assessment ' Roll Property Occupancy Valuation. Method Active 210 1.380 360,700 Property Roll . Non -Occupancy MARKET Active 420 594,000 PropertyRoll Non -Occupancy INCOME Active 420 452,200 - . PropertyRoll Non -Occupancy INCOME Active 420 - - 348,300 Property Roll _ Non -Occupancy INCOME 1,755,200. Assessment Not -Certified 1,755,200 ��{{`-f:'or a ion r'," .;..�, uyy��,�� oca ibn ;+'.,.'`�'--. m. 'V s ti _�'� _ _.eYA.. ffii HYs.rx�AW .tea VF.., am Status: Active Code Area: 03 Property Type: Real Address: 1711 W FRANKLIN RD MERIDIAN 1D 83642-0000 Group Type: SUB Name: L & B CAPITAL VENTURES LLC Group #: •895600 Mailing Address: 1711 W FRANKLIN RD • . Group Description: VAN BEES SUB MERIDIAN - MERIDIAN, ID 83642-0,000. Zoning: C-C , Township/Range/Section: 3N TW 14 Property Description: PAR #0060 POR LOTS 2 &3 VAN BEES SUB (MERIDIAN) PARCEL 3 R/S-9817 410050-5 Tiipmp n�'{ic� . '. Name: Craig S. Church _ Phone: (208) 287-7225 - - Email: echurch(a),adaweb.net hVtk M •'�i"T ^-0, ��'. �[it :fi'„��k"_�v Em.�-®C.. ' >_Z 1 i� Status State Category - Assessed Assessment - Property Valuation Code Acres Value Roll Occupancy Method Active 210 -0.418 72,800 Property Roll Non-Occupancy MARKET Active :420 � � . 367,800 Property Roll Non-Occupancy INCOME 440,600 Assessment Not-Certified 440,600 Status: Active Code Area: 03' Property Type: Real , " - Address: 1701 W FRANKLIN RD - MERIDIAN ID 83642-0000 Group Type: SUB � - ;�� ;,�� Name: 'YARNALL OPERATIONS LLC Group #: 896400 - Mailing Address: 510 S WOODHAVEN AVE - Group Description: VAN HERS SUB MERIDIAN ID 83642-0000 Zoning; C -C - Township/Range/Section: 3N 2E 20 Property Description: PAR#0052 POR LOTS 2 & 3 VAN HEES SUB (MERIDIAN) PARCEL 2 R/S 9817 #0050-B Cw�ppila g,Ma , an - ' ' UN Ift x .. Name: Craig S. Church. Phone: (208) 287-7225 - - Email: cehurcli@adaweb.net - Status State Category Assessed. Assessment Property Valuation Code Acres . _ Value Roll Occupancy Method Active 210 0.302 .131,600 PropertyRoll Non -Occupancy MARKET Active 420 23.9,000 Property Roll_ Non -Occupancy INCOME - 370,600 - Assessment Not -Certified 370,600 Master May 05, 2015 Property Information Status: Active I _J Property Location Code Area: 03 Property Type: Real Address: 1625 W FRANKLIN RD MERIDIAN 1D 83642-0000 Owner Information Group Type: SUB Name: JACKSONS FOOD STORES INC Group #: 895600 Mailing Address: ATT: JEFF JACKSON Group Description: VAN HEES SUB MERIDIAN 3450 E COMMERCIAL CT Zoning: C -C MERIDIAN ID 83642-0000 Township/Range/Section: 3N 1W 14 804,300 Property Description: PAR#0020 OF LOTS 03-05 INCOME VAN HEES SUB (MERIDIAN) PARCEL A R/S 7938 Assessment Not -Certified 1,332,200 #0100-S Appraiser Information Name: William L. Mahn Phone: (208) 287-7207 Email: wmahn@adaweb.net Property Values Status State Category Assessed Assessment Property Valuation Code Acres Value Roll Occupancy Method Active 210 1.515 527,900 Property Roll Non -Occupancy MARKET Active 420 804,300 Property Roll Non -Occupancy INCOME 1,332,200 Assessment Not -Certified 1,332,200 NS(TiTLE A TITLE 6 ESCaOw CO. �x 11).6i311DI=( 04 FOR VALUE RECEIVED ADA COUNTY RECORDER Christopher D. Rich AMOUNT 13.00 2 BOISE IDAHO 06/19/2014 02:53 PM DEPUTY Bonnie Oberbillig $IECORCED-REQcESTOing IIII VIII IIIII VIIIIII II IIIIIIIIIIIIIII III (IIIIII IIIIII�I RECORDED -REQUEST OF NEXTITLE-WASHINGTON 114048265 WARRANTY DEED L & J Capital Ventures, LLC, an Idaho limited liability company GRANTOR(s) does(do) hereby GRANT, BARGAIN, SELL and CONVEY unto: Yarnell Operations, LLC an Idaho Limited Liability Company GRANTEE(s), whose current address is: 510 5 Woodhaven Ave., Meridian, ID 83642 the following described real property in Ada County, State of Idaho more particularly described as follows, to wit: Legal description attached hereto and made a part hereof marked Exhibit "A" TO HAVE AND TO HOLD the said premises, with their appurtenances unto said Grantee(s), and Grantee(s) heirs and assigns forever. And Grantor(s) does(do) hereby covenant to and with said Grantee(s) that Grentor(s) is/are the owner(s) in fee simple of said premises, that said premises are free from all encumbrances, EXCEPT those to which this conveyance is expressly made subject and those made, suffered or done by the Grantee(s); and subject to reservations, restrictions, dedications, easements, rights of way and agreements, if any, of record, and general taxes and assessments, (including Irrigation and utility assessments, if any) for the current year which are not yet due and payable and the Grantors) will warrant and defend the same from all lawful claims whatsoever. Dated: L & J pita[ Ventures, LLC, an Idaho limited liability company BY: Je I Manager STATE OF: Idaho) COUNTY OF Atk- 1 On this (} day of in the ye G"I't , before me the undersigned Notary Public In and for said Sta e, personally appearede, I known or identified to me (or proved to me on the oath CIA) to be the t-+ .h.L � v� , of the limited liability company that executed the instrument 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 cartifi� pf st abov n•'• ' •r. •' NOTq�,r Notary Public for m,a: Residing at g: Mandten, Idaho My commission expires: mmiss on xpres: 6/02!2016 °�'VeLIC o, I. . c Ol- lo`� EXHIBIT "A" A portion of Lot 2 and a portion of Lot 3 of Block 1 of the Van Hees Subdivision, the official plat for which Is recorded in Book 12 at Page 688, being a portion of Parcel B as shown on a Record of Survey No. 7938 by Tom Eddy Land Surveying for Van Hees Properties, LLC dated May 6, 2007, said parcel being located In the NE 1/4 NE 1/4 of Section 14, T.3 N., R.I W., B,M., City of Meridian, Ada County, Idaho and being more particularly described as follows: Commencing at a brass cap monument in the intersection of Franklin Road with Linder Road which marks the northeast corner of said Section 14; thence, N.89°13'17"W., 300.15 feet along the north line of said Section 14 (centedlne of said Franklin Road); thence, 5.00" 32'04"W., 45.00 feet to an Y chiseled into a concrete curb, said point also marked by a 5/8 inch rebar witness corner set 0.2 feet west of said point and being the POINT OF BEGINNING; thence, 5,00°32'04"W., 105.00 feet along the east line of said Parcel B to a'/2 inch rebar, thence, N.89"3590"W., 125.00 feet through said Parcel B to a % inch rebar In the west line of said Parcel B; thence, N.00°32'04"E., 105.80 feet along said west line to a point under the sidewalk in the south sideline of Fmnklin Road, said point also marked by a 5/8 Inch rebar witness corner set 1.0 feet south of said point; thence, S.89"13'17"E., 125.00 feet along said south sideline of Franklin Road to the POINT OF BEGINNING, /�VL OrderNo.: A0322012 SI Jrf ADA COUNTY RECORDER J. DAVID NAVARRO 2 BOISE IDAHO IVI5103 11:66 AM DEPUTY Katy Ingraham RECORDED—REQUEST OF IIII'Ilflll'IIII'll'IIIIIIII'll'�IIII Tille One 103205890 AMOUNT 6.00 WARRANTY DEED FOR VALUE RECEIVED, VAN BEES PROPERTIES, LLC, an Idaho limited liability company, the Grantor, does hereby grant, bargain sell and convey unto FRANKLIN INVESTMENT CO., LLC, an Idaho limited liability company whose current address is PO Box 6770, Ketchum, ID 83340, the Grantee, the following described premises, in Ada County, Idaho, TO WIT: Parcel 2 of Record of Survey No. 5574 recorded October 17, 2001 as Instrument No. 101107795, being a portion of Lots 1 and 2 of VAN BEES SUBDIVISION, situated in the Northeast Quarter of the Northeast Quarter of Section 14, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, as filed for record in the office of the Ada County Recorder, Boise, Idaho, in Book 12 of Plats at Page 688, and more particularly described as follows: Commencing at a brass cap marking the Northeast corner of Section 14, Township 3 North, Range I West, Boise Meridian, from which an iron pin monumenting the Southeast comer of the Northeast Quarter of said Section 14, bears South 00033'08" West 2657.42 feet; thence along the easterly boundary of said Section 14, said easterly boundary also being the centerline of Linder Road South 00°33'08" West 296.00 feet to a point; thence leaving said boundary and centerline North 8913'17" West 425.06 feet to an iron pin on the southerly boundary of said Lot 2, said iron pin being the POINT OF BEGINNING; thence continuing North 89'13'17" West 239.47 feet to an iron pin being the Southwest corner of said Lot 1; thence along the westerly boundary of said Lot 1 North 00°33'43" East 251.00 feet to an iron pin on the Southerly right-of-way of Franklin Road; thence, along said southerly right-of-way South 89°13'17" East 239.35 feet to an iron pin; thence leaving said right-of-way South 00°32'09" West 251.00 feet to the POINT OF BEGINNING. TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee, heirs and assigns forever. And the said Grantor does hereby covenant to and with the said Grantee, that it is the owner in fee simple of said premises; that they are free from all encumbrances EXCEPT: Subject to all existing patent reservations, easements, right(s) of way, protective covenants, zoning ordinances, and applicable building codes, laws and regulations, general taxes and assessments, including irrigation and utility easements (if any) for the current year, which are not due and payable, and that Grantor will warrant and defend the same from all lawful claims whatsoever. Dated: December 2003 VAN H S PROPERTIES LLC R.k� sy: . VU Van qees, Manager State of Idaho ) ) ss. County of Ada ) On this � day of December 2003, before me, the undersigned, a Notary Public in and for said State, personally appeared Larry Van Hees known or identified to me to be a Member of the limited liability company that executed the within instrument and acknowledged to me that he executed the same for and on behalf of said limited liability company and that such limited liability company executed it. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this c ' ate first above written. � KO @RAAr No Public for IdahoTARp My Commission Expires: `Y��O fc a * —•— S, J,UB OF SPACE ABOVE THIS LME FOR RECORDER'S USEONLY SPECIAL WARRANTY DEED This Special Warranty Deed is made this 26th day of June, 2007, between Van Hees Properties, LLC, an Idaho limited liability company, whose address Is 1735 W. Franklin Road, Meridian, Idaho 83642, herein referred to as "Grantor," and Jacksons Food Stores, Inc., a Nevada corporation, whose address is 3450 Commercial Drive, Meridian, Idaho 83642, herein referred to as "Grantee," witnesseth: That Grantor, for and in consideration of the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt whereof Is hereby acknowledged, has granted, bargained, and sold, and does, by these presents, grant, bargain, sell, convey, and confirm unto Grantee and its successors and assigns forever, all of the following descdbed real estate situated In the County of Ada, State of Idaho: See Exhibit "A" attached hereto, incorporated herein, and by this reference made a part hereof. Together with all of Grantor's right, title and interest in and to all water and water dghts, ditch or irrigation company shares, streets, alleys and dghts of way adjacent thereto, all mineral rights appurtenant thereto, and 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, as well in law as in equity, Subject to current taxes and assessments and those certain reservations, liens, encumbrances, covenants, conditions, restrictions, rights-of-way, liabilities and easements set forth on Exhibit "B" attached hereto and by this reference made a part hereof. Grantor hereby binds Itself to warrant and defend the title against only the acts of Grantor and those claiming by or through Grantor and none other, subject to the matters above set forth. fY:i�CHI_[I\ri7t\:7:7•\►�7�]��ial 062990064 9300401 w AD OCAUNTY RECORDER J. DAVID NAVARRO AMOUNT 18.00 6 BOISE IDAHO 06126107 04:36 PM DEPUTY Neava Haney III IIII'I'IIIII�IIIIlllll'lllll III'II RECORDED—REQUEST OF 107091260 First American Nes ��11a'llo`b Recording Requested By and When Recorded Return to: Brian L. Ballard HAWLEY TROXELL ENNIS 8 HAWLEY LLP Post Office Box 1617 Boise, ID 83702-1617 SPACE ABOVE THIS LME FOR RECORDER'S USEONLY SPECIAL WARRANTY DEED This Special Warranty Deed is made this 26th day of June, 2007, between Van Hees Properties, LLC, an Idaho limited liability company, whose address Is 1735 W. Franklin Road, Meridian, Idaho 83642, herein referred to as "Grantor," and Jacksons Food Stores, Inc., a Nevada corporation, whose address is 3450 Commercial Drive, Meridian, Idaho 83642, herein referred to as "Grantee," witnesseth: That Grantor, for and in consideration of the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt whereof Is hereby acknowledged, has granted, bargained, and sold, and does, by these presents, grant, bargain, sell, convey, and confirm unto Grantee and its successors and assigns forever, all of the following descdbed real estate situated In the County of Ada, State of Idaho: See Exhibit "A" attached hereto, incorporated herein, and by this reference made a part hereof. Together with all of Grantor's right, title and interest in and to all water and water dghts, ditch or irrigation company shares, streets, alleys and dghts of way adjacent thereto, all mineral rights appurtenant thereto, and 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, as well in law as in equity, Subject to current taxes and assessments and those certain reservations, liens, encumbrances, covenants, conditions, restrictions, rights-of-way, liabilities and easements set forth on Exhibit "B" attached hereto and by this reference made a part hereof. Grantor hereby binds Itself to warrant and defend the title against only the acts of Grantor and those claiming by or through Grantor and none other, subject to the matters above set forth. fY:i�CHI_[I\ri7t\:7:7•\►�7�]��ial 062990064 9300401 IN WITNESS WHEREOF, Grantor has hereunto set its hand on the day and year first above written. VAN HEES PROPERTIES, LLC, an Idaho limited liability company By: c.(" ar Van Pees, Manager By: Ll Ger arol Snyder,Ma r STATE OF IDAHO ) ss. County of Ada ) On this Aday of June, 2007, before me, the undersigned, a Notary Public in and for said State, personally appeared Larry Van Hees, known or identified to me to be a Manager of Van Hees Properties, LLC, an Idaho limited liability company, the company that executed the within Instrument or the person who executed the instrument on behalf of said company, and acknowledged to me that such company executed the same_ IN WITNESS WHEREOF, I have hereunto s t my hand and affixed my official seal the day and year In this certificate first above written_ t d,a,h�o pwstate' *% Residl g ,, �ylY6�Syoe� My commission expires A�tsT� KOr�j w. w� �VBLIG 7 1�s OR IDI`�O`� SPECIAL WARRANTY DEED - 2 06269 00" 696040 t STATE OF IDAHO ) ss. County of Ada ) On this day of June, 2007, before me, the undersigned, a Notary Public in and for said State, personally appeared Carol Snyder, known or identified to me to be a Manager of Van Hees Properties, LLC, an Idaho limited liability company, the company that executed the Within Instrument or the person who executed the instrument on behalf of said company, and acknowledged to me that such 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,_ My commission expires /0 — •s. pVBL�G '"r o p'Np� OF ID—01 SPECIAL WARRANTY DEED - 3 08289 0084 930040 1 A EXHIBIT A LEGAL DESCRIPTION: PARCEL A OF LOT LINE ADJUSTMENT SURVEY NO. 7938, RECORDED JUNE 12, 2007, AS INSTRUMENT N0, 107083896, BEING A PARCEL OF LAND BEING LOTS 4 & 5 AND A PORTION OF LOT 3, VAN HEES SUBDMSION, AS FILED FOR RECORD IN BOOK 12 OF PLATS AT PAGE 688 IN THE ADA COUNTY COURT HOUSE, BOISE, IDAHO, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A BRASS CAP MARKING THE NORTHEASTERLY CORNER OF SECTION 14, T.3N., 111W., BX, ADA COUNTY, IDAHO; THENCE SOUTH 00 33'081 WEST 296.00 FEET ALONG THE EASTERLY BOUNDARY OF SAID SECTION 14, WHICH IS ALSO THE CENTERLINE OF SOUTH LINDER ROAD TO A POINT; THENCE LEAVING SAID EASTERLY BOUNDARY AND CENTERLINE NORTH 890 13' 17" WEST36.00 FEET TO AN IRON PIN MARKING THE SOUTHEASTERLY CORNER OF LOT 5, WHICH IS ALSO THE WESTERLY RIGHT-OF-WAY OF SOUTH LINDER ROAD AND THE REAL POINT OF BEGINNING; THENCE NORTH 0° 33' 08" EAST 225.59 FEET TO AN IRON PIN MARKING AN ANGLE POINT IN THE RIGHT-OF-WAY OF SOUTH LINDER ROAD; THENCE NORTH 400 44' 40" WEST 33.94 FEET ALONG SAID RIGHT-OF-WAY TO AN IRON PIN MARKING AN ANGLE POINT IN THE RIGHT-OF-WAY OF WEST FRANKLIN ROAD; THENCE NORTH 890 13' 17"'WEST 241.72 FEET ALONG THE SOUTHERLY RIGHT-OF-WAY OF WEST FRANKLIN ROAD TO A PK NAIL IN THE FACE OF THE CONCRETE CURB;. THENCE LEAVING SAID SOUTHERLY RIGHT-OF-WAY OF SAID WEST FRANKLIN ROAD SOUTH 00 32'09" WEST 251.00 FEET ALONG THE WESTERLY RIGHT-OF-WAY OF SAID PARCEL A TO AN IRON PIN; THENCE LEAVING SAID WESTERLY BOUNDARY SOUTH 890 13' 17" EAST 264.06 FEET TO THE POINT OF BEGINNING. r EXHIBIT "B" TO SPECIAL WARRANTY DEED 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records_ 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the title including discrepancies, conflicts in boundary lines, shortage in area, or any other facts that would be disclosed by an accurate and complete land survey of the land, and that are not shown In the public records. 5 (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the Issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the public records. 6. Taxes and assessments for 2007 and subsequent years. 7. Liens, levies and assessments by the City of Meridian. 8. Liens, levies and assessments by Nampa Meridian Irrigation District. 9. Easements, reservations, restrictions and dedications as shown on the plat of said Subdivision.. 10. The effect of a map purporting to show the land and other property, filed Survey No. 5433, Instrument No. 101059362 of Record of Surveys. 11. Development Agreement upon the terms, conditions and provisions contained therein: Dated: August 17, 2001 Parties: City of Meridian and Van Hees Properties Recorded: September 6, 2001 Instrument No.: 1010592120 12. The effect of a map purporting to show the land and other property, filed Survey No_ 5574, Instrument No. 101107795 of Record of Surveys. EXHIBIT "B" -1 0020 064 0300401 13 Easement, including terms and provisions therein: Recording Information: 102003502 In Favor of: City of Meridian For: water main 14. Easement, including terms and provisions therein: Recording Information: 102003503 In Favor of: City of Meridian For: sanitary sewer lines 15. License Agreement upon the terms, conditions and provisions contained therein: Dated: May 18, 2004 Parties: Nampa & Meridian Irrigation District and Qwest Corporation Recorded: May 21, 2004 Instrument No.: 104062972 16. Reservat'on of Cross Access Easement recorded June 26, 2007, as Instrument # ;7 EXHIBIT "B" - 2 06289006E 830010 1 28, 2015 Master 2015- R8956000052 Property Information Status; Active Code Area: 03 Property Type: Real Owner Information Name: YARNALL OPERATIONS LLC Mailing Address: 510 S WOODHAVEN AVE MERIDIAN ID 53642-0000 Appraiser Information Name; Craig S. Church Email; echurclr@adaweb,net Property Values Phone: (208)287-7225 Property Location Address: 1701 W FRANKLIN RD MERIDIAN ID 83642-0000 Group Type: SUB Group #: 896400 Group Description: VAN HEES SUB Zoning:. C -C Township/Range/Section: 3N 2E 20 Property Description: PAR90052 POR LOTS 2 & 3 131,600 VAN HEES SUB (MERIDIAN) Non -Occupancy PARCEL 2 R/S 9817 Active 420 #0050-B State Category Assessed Assessment Property Valuation Status Code Acres Value Roll Occupancy Method Active 210 0.302 131,600 Property Roll Non -Occupancy MARKET Active 420 239,000 Property Roll Non -Occupancy INCOME 370,600 Assessment Not -Certified 370,600 erty Master 2015 2015- 118956000060 Property Information Status: Active Code Area: 03 Property Type: Real Owner Information Name: L & B CAPITAL VENTURES LLC Mailing Address: 1711 W FRANKLIN RD Group Description: MERIDIAN ID 83642-0000 Appraiser Information Name: CraigS.Church Email: echurch@adaweb,net Property Values Phone: (208)287-7225 Property Location Address: 1711 W FRANKLIN RD MERIDIAN ID 83642-0000 Group Type: SUB Group #: 895600 Group Description: VAN HEES SUB MERIDIAN Zoning: C -C Township/Range/Section: 3N IW 14 Property Description: PAR #0060 POR LOTS 2 & 3 72,800 VAN BEES SUB (MERIDIAN) Non -Occupancy PARCEL 3 RIS 9817 Active 420 #0050-S State Category Assessed Assessment Property Valuation Status Code Acres Value Roll Occupancy Method Active 210 0.418 72,800 Property Roll Non -Occupancy MARKET Active 420 367,800 Property Roll Non -Occupancy INCOME 440,600 Assessment Not -Certified 440,600