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HomeMy WebLinkAboutDeed2.,7- `-1(-/3 4O" COUNTY RECORDER '. DAVID NAVARiO 2001 MY 29 Pii 4: 08 DEED RECORDED-REOUESTOF FEEI�DEPUTY_ 101051422 PIONEER ME FOR VALUE RECEIVED, BOISE PAVING & ASPHALT CO., an Idaho corporation, ("Grantor"), does hereby grant, bargain, sell and convey unto FARMERS & MERCHANTS STATE BANK, ("Grantee"), whose address is 5626 Fairview Ave., Boise, Idaho 83706, that certain parcel of real property located in Ada County, Idaho, more particularly described in Exhibit No. l attached hereto. This Deed is an absolute conveyance of the title to the above described premises to Farmers & Merchants State Bank in effect as well as in form, and is not now intended as a mortgage, trust deed or security devise of any kind, and possession of the premises has been or will be surrendered to the Grantee. The consideration for this Deed is the credit of the sum of $275,000.00, less real property taxes accrued to the date hereof, upon certain debts, obligations, considerations, and charges, heretofore existing under and by virtue of that certain Promissory Note dated May 2, 2000, as modified by that certain Change Of Terms Agreement dated February 14, 2001, made by the undersigned Grantor, and that certain Deed of Trust executed by the undersigned BOISE PAVING & ASPHALT, as grantor, to Pioneer Title Company of Ada County as trustee, of which Harmers & Merchants State Bank is the beneficiary, dated February 14, 2001, and recorded on February 20, 2001, as Instrument No. 101014619, records of Ada County, Idaho. DEED - Page 1 This Deed is made as a result of the undersigned Grantor's request that Farmers & Merchants State Bank accept such Deed and is the Grantor's free and voluntary act. At the time of making this Deed, the credit given against the above described debt instrument is at least equal to the fair market value of the property so deeded. This Deed is not given as a preference against any other creditors. This statement is included in this deed of conveyance for the protection of the Grantee, FARMERS & MERCHANTS STATE BANK, and all other parties hereafter dealing with or who acquire an interest in the land herein described. and shall bind the undersigned Grantor's heirs, executors, and assigns. TO HAVE TO HOLD the said premises, with their appurtenances unto the said Grantee, its successor and assigns forever. And the said Grantor does hereby covenant to and with the said Grantee, that Grantor is the owner in fee simple of said premises: that said premises are free from all encumbrances, except for those mentioned in this Deed, and that Grantor will warrant and defend the same from all other lawful claims whatsoever. DATED this / CA! day of May, 2001. GRANTOR BOISE PA G & T CO. By: Fred Lotridge Its: President DEED - Page 2 ...01 STATE OF IDAHO ) ) ss. County of Ada ) On this I � day of May, 2001, before me, the undersigned, a Notary Public in and for said State, personally appeared FRED LOTRIDGE, known or identified to me to be the President of BOISE PAVING & ASPHALT, CO., the corporation that executed the instrument or the person who executed the instrument on behalf of said corporation, and acknowledged to me that such corporation 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 written above. ,r 'TA ti �r �O,Q..� : Notary Public for Idaho Residing at: Boise, Idaho =zz MY Commission Expires: L/- /7 -O y DEED - Page 3 EXHIBIT 1 TO DEED A PORTION OF LAND LOCATED IN THE SW 1/4 CF THE SE 1/4 OP SECTION 5, T.3N.. R.lE., ADA COUNTY IDAHO AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT TNY SOUTHWEST CORNER OF THE SW 1/4 OF THE SE 1/4 OF SAID SECTION 5 FROM WHICH THE SOUTHEAST CORNER OF SAID SECTION 5 BEARS 3oUTH 89'48'53" EAST, 2644.16 FEET; THENCE NORTH 00'27'14" EAST ALONG THE CENTER OF SECTION LINE OF SAID 9ECT10N 5, A DISTANCE OF 55.14 FEET; THENCE SOUTH 89'32'34" EAST, 661.11 FEET TO THE REAL POINT OF BEGINNING; THENCE NORTH 00'29'33" WEST, 227.62 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF NORTH HICKORY WAY, SAID POID7T ALSO HfiING ON A CURVE TO THE LEFT; THENCE ALONG SAID RIGHT -OF -HAY LINE THU FOLLOWING COURSES AND DISTANCES; SOUTHEASTERLY ALONG SAID CURVE 12.78 FEET, SAID CURVE HAVING A RADIUS OF 210.00 FEET, A CENTRAL ANOLY OF 03'29'11" AND A LONG CHORD OF 22.78 FEET WHICH BEARS SOUTH 61'41'23' EAST Td THE POINT OF TANGENCY; THENCE SOUTH 63'25-58" EAST, 125,35 FEET TO 'fHE BEGINV NQ OF A CURVE TO THE RIGHT; THENCE SOUTHEASTERLY ALONG SAID CURVE 165.73 FEE;, SAID CURVE HAVINC A RADIUS OF 150.00 FEET, A CENTRAL ANGLE OF 63018109• AND A LONG CHORD OF 157.42 FEET WHICH BEARS SOUTH 31,46'50" EAST. TO THE POINT OF COMPOUND CURVE; THENCE SOUTHWESTERLY ALONG SAID CURVE 47,41 FEET, SAID CURVE HAvINQ A RADIUS OF 30.00 FRIT, A CENTRAL ANGLE OP 50*33*04" AND A LONG CORD OF 42.63 FEET WHICH SEARS SOUTH 45'08'32" WEST; THENCE LEAVING SAID CURVE SOUTH p0.2q'g5- WEST. 2.91 FEET; THENCE LEAVING SAID RIGHT-OF-WAY LINE NORTH 89035'05` WEST, 144.89 FEET; rRENCE NORTH 89'32'34• WEST, THEREAL POINT 33,10 FEET TO ACRES, OP u9QX KING, CONTAININ O.HO ttORa O& LSSS. SEE ATTACHED EIIBIT A EXHIBIT A THE LEGAL DESCRIPTION FOR THIS PROPERTY IS: LOT 2, BLOCK 1 OF ANGEL PARK DEVELOPMENT, ACCORDING TO THE PLAT THEREOF, FILED IN BOOK 73 OF PLATS AT PAGES 7551 AND 7552, RECORDS OF ADA COUNTY, IDAHO. THIS PROPERTY IS COMMONLY KNOWN AS: 2680 E. FAIRVIEW AVENUE, MERIDIAN, IDAHO 83642 0i7I1,,. FARMERS & MERCHANTS STATE BANK September 10, 2002 4128 ADAMS BOISE, ID 83714 TEL 208.386.9902 To Whom It May Concern: FAx 208.386.9335 r" www.fmsb.com With respect to the property located at the northwest corner of Fairview Avenue and North Hickory Way, Lot 2, Block 1, Angel Park Development owned by Farmers & Merchants State Bank, please be advised that Dakota Company, Inc. is authorized to execute and deliver to the City of Meridian the enclosed Rezone t'""'` Application on behalf of Farmers & Merchants State Bank. Sincerely, It C 1 T L A\ U ( ' V, Richard L. Toney ,< � ; I Vice President, Manager Jfr:uinikx SEP 10 2002 8: 3'-M HP LRSERJET 3200 p.2 STATE OF IDAHO COUNTY OF ADA AFFIDAVIT OF LEGAL INTEREST } e34cx �5x3g Fi4i�1 rJIE�J q dE (Name) (Address) being first duly Q /5� _Ll fftCJ 3h,70( oatdepose and ss yn ut�en (City) (State) 1-) That I am the record owner of the Property described an the attached, and I grant my permission to �itKOTc� C pMf�gt./�/ /y� /sOS— % f�•PE c1 L,.t dE r �Y>YrSE / (Name) (Address) 3 70�, to submit the accompanying application pertaining to that propaly. 2.) I agree to indemnify, defrud and hold the City Of Meridian and it's employees harMless from any claim or liability resulting from any d4utes as to the statements contained herein (ITas to the ownership of the Property which is the subject of the application. Dated this / o rh day of SEP % E MP5EG (Si 20 pa - SUBSCRIBED AND SWORN to before me the day and Year fast above written. r� .•pTq� •, l/G cc ' = z Notary Public for Idaho p = Residing ai��,S�c,-ko Y Commission ,,��. OF �QP��,�'' M Co n Expires 09/10/2002 16:54 -88399 FARMERS "ID MERCHANT PAGE 01 CORPORATE RESOLUTION BE IT RESOLVED that Farmers & Merchants State Bank's Board of Directors does hereby recognize the following personnel as executive officers of the bank: Clarence Jones, president & Chief Executive Officer Edgar Zimmerman, Executive Vice President Leonard Davis, Senior Vice President and Senior Credit Officer Neva McCormick, Vice President and Controller Edward Cleary, Chairman Clarence Jones, President & CEO Dated this 20" day of March, 2002 September 12, 2002 E X 14 1-r # I LOT 2, BLOCK 1 ■■ ON Quadrant Consulting, Inc. OF ANGEL PARK DEVELOPMENT SUBDIVISION Lot 2 of Block 1 of Angel Park Development Subdivision, according to the plat thereof, filed in Book 73 of Plats at Pages 7551 and 7552, records of Ada County, said Lot 2, located in the SW %4 of the SE I/4 of Section 5, Township 3 North, Range 1 East, Boise Meridian, Meridian, Ada County, Idaho is described by metes and bounds as follows: Commencing at the Southwest Corner of the SW I/4 of the SE V4 of said Section 5 from which the Southeast corner of said Section 5 bears South 89°48'53" East 2644.16 feet; thence North 0°27' 14" East 55.14 feet along the center Section line of said Section 5 to a point on the North Right -Of -Way line of East Fairview Avenue; thence along said North Right -Of -Way line South 89°32'34" East 661.11 feet to the Southwest corner of said Lot 2 being the POINT OF BEGINNING; thence along the boundary of said Lot 2 the following courses: North 00°29'33" East 227.62 feet; thence Along a curve to the left 12.78 feet, said curve having a radius of 2 10. 00 feet, a delta angle of 3°29' 12" and a chord bearing and distance of South 61°41'24" East 12.78 feet; thence South 63°25'58" East 125.35 feet; thence Along a curve to the right 165.72 feet, said curve having a radius of 150.00 feet, a delta angle of 63'18'02" and a chord bearing and distance of South 31 °46'50" East 157.42 feet; thence Along a curve to the right 47.41 feet, said curve having a radius of 30.00 feet, a delta angle of 90°33'04", and a chord bearing and distance of South 45°08'32" West 42.63 feet; thence South 00°24'45" West 2.91 feet; thence North 89°35'05" West 144.89 feet; thence North 89°32'34" West 33.10 feet to the POINT OF BEGINNING. Said Lot 2 contains 34,872 square feet or 0.80 acres more or less. 405 S. 8th Street, Ste. 295 • Boise, ID 83702 • Phone (208) 342-0091 • Fax (208) 342-0092 • Internet: quadrantQquadrant.cc Civil Engineering • Surveying • Construction Management 1/S8 ■■ Quadrant Consulting, Inc. REZONE REQUEST LOT 2. BLOCK 1 ANGEL PARK DEVELOPMENT SUBDIVISION CURVE TABLE DELTA CHORD0.00 WLENGTHIUS 03'29' 12" 0S45'08'32"W 12.780.00 6' 18'02"157.420.00 90'33'04" 42.63 \ i S63�S' i CR \ N ` \ I ` N WI \ Z �LOT 2 BLOCK 1 POINT OF BEGINNING / S89'32'34'E GRAPHIC SCALE 0 60 It ( IN FEET ) inch = 60 ft. 661.11' N89'32'34"W---r-----`--'--- 24.I N89'35'OS"W — 00 45'w r 33.10 144.89 2.91' i ISECTION LINE S89'48'53"E 2644.16' ------------ --5 4 9 CENTERLINE EAST FAIRVIEW AVENUE ■■ Quadrant Consulting, Inc. REZONE REQUEST LOT 2, BLOCK 1 ANGEL PARK DEVELOPMENT SUBDIVISION AND PORTIONS OF NORTH HICKORY WAY AND EAST FAIRVIEW AVE. CURVE TABLE CURVE LENGTH RADIUS DELTA CHRD. BRG. CHORD C 1 10.95 180.00 3' 029' 12" S61 '41 '24 "E 10.95 C2 200.58 180.00 63'50'44" S31 '30'36 "E 190.36 N30'03'44"E 07 I CENTS N N W \ M \ O Z I N89'32'34"W 33.12' N89'35'05"W - ---- ---� - 214.93' POINT OF - BEGINNING S89'32'34"E W 661.11, i� N O LO O Z 1 /4S 5 NOR ;26 LOT 2 BLOCK 1 1\• ssSBcFORY 1 i /I -- --- ------------------ -----ram'' CENTERLINE EAST FAIRVIEW AVENUE 1 GRAPHIC SCALE 0 60 ( IN FEET ) inch = 60 ft.00 LINE /— SECTION LINE / S89'48'53"E 2644.16' 4514 NOR ;26 LOT 2 BLOCK 1 1\• ssSBcFORY 1 i /I -- --- ------------------ -----ram'' CENTERLINE EAST FAIRVIEW AVENUE 1 GRAPHIC SCALE 0 60 ( IN FEET ) inch = 60 ft.00 LINE /— SECTION LINE / S89'48'53"E 2644.16' 4514 September 12, 2002 ■■ Quadrant Consulting, Inc. REZONE DESCRIPTION LOT 2, BLOCK 1 OF ANGEL PARK DEVELOPMENT SUBDIVISION AND PORTIONS OF NORTH HICKORY WAY AND EAST FAIRVIEW AVENUE A parcel of land being a portion of North Hickory Way, a portion of East Fairview Avenue and all of Lot 2, Block 1 of Angel Park Development Subdivision, according to the plat thereof, filed in Book 73 of Plats at Pages 7551 and 7552, records of Ada County, said parcel, located in the SW '/4 of the SE '/4 of Section 5, Township 3 North, Range 1 East, Boise Meridian, Meridian, Ada County, Idaho is described by metes and bounds as follows: Commencing at the Southwest Corner of the SW '/4 of the SE V4 of said Section 5 from which the Southeast corner of said Section 5 bears South 89048'53" East 2644.16 feet; thence North 0027' 14" East 55.14 feet along the center Section line of said Section 5 to a point on the North Right -Of -Way line of East Fairview Avenue; thence along said North Right -Of -Way line South 89032'34" East 661.11 feet to the Southwest corner of said Lot 2 being the POINT OF BEGINNING; thence along the west boundary of said Lot 2, North 00°29'33" East 227.62 feet; thence leaving said west boundary North 30003'44" East 30.00 feet to the centerline of said North Hickory Way; thence following said centerline the next four courses Along a curve to the left 10.95 feet, said curve having a radius of 180.00 feet, a delta angle of 3°29'12" and a chord bearing and distance of South 61°41'24" East 10.95 feet; thence South 63°25'58" East 136.49 feet; thence Along a curve to the right 200.58 feet, said curve having a radius of 180.00 feet, a delta angle of 63°50'44" and a chord bearing and distance of South 31 °30'36" East 190.36 feet; thence South 00°24'45" West 80.87 feet to the centerline of said East Fairview Avenue; thence following said centerline of East Fairview Avenue the next two courses: North 89°35'05" West 214.93 feet; thence North 89°32'34" West 33.12 feet; thence leaving said centerline North 00°27'26" East 54.00 feet to the POINT OF BEGINNING. Said parcel contains 60,550 square feet or 1.39 acres, more or less. 405 S. 8th Street, Ste. 295 • Boise, ID 83702 • Phone (208) 342-0091 • Fax (208) 342-0092 • Internet: Civil Engineering • Surveying • Construction Management quadrantQquadrant.cc ' � 6 3 �3 C3 ee Q � � p � � � p 2t I F fif 119 _ s SS Y- ma x' IN � v y e ot1 Yi}" 4if� m o • � $� yR �� �� 3k' �r� � 9Y�y � _fib W w > z i -h �g �� i�$ i�r Xa =_ Q os9. V Z 2 F— 0 = z 4 / .°Olit r o : K i s C Y Z • � s MI z� g A�O � �S — 1« qrq- it3 p , i7 S zo jig O��Z ZCD Alt 52 bapo gd� o Y •- age � � d i a < Q s•rl��b �� < ; ` k 23 EC a�5 � �ba o ZC u s d, � �8a Z �G u€� � LLI Q W Q LL LLl LL O to 0 0 M O O N O O C7 N d LL 0 0 N T- 0 0 w 0 0 M O O M