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HomeMy WebLinkAboutJMJ MORTGAGE RECORDED WARRANTY DEED V2E IDI� 11 APPROVED [Anrrall ing, return to: 04/05/22 operties LLC )A:E :jj %ut,jaEe Ago -- der Rd., Ste. 156 #288 ID 83642 ADA COUNTY RECORDER Phil McGrane 2021-166962 BOISE IDAHO Pgs=6 DAN RYALLS 11/22/2021 03:56 PM TITLEONE BOISE $15.00 akLA I Q 'Al -,I- SPECIAL WARRANTY DEED THIS SPECIAL WARRANTY DEED (this "Deed") is from DWT Investments LLC, an Idaho limited liability company and Mark W. Lindsay and David W. Turnbull, Co -Trustees of the Administrative Trust Established Under the Tomlinson Family Trust dated 4/7/1982 (collectively "Grantor") to Mordeau Properties, LLC, an Idaho limited liability company, whose address is 6700 N Linder Rd., Ste. 156 #288, Meridian, ID 83642 ("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 U.S. Patent reservations, restrictions, easements of record, 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 10 DAY OF NOVEMBER, 2021. DWT Investments LLC, an Idaho limited liability company By: Bright Co p ation, Manager By: Robert L. Phillips, President APPROVED DAT 04ro6/22 THOMAS W. TOMLINSON ADMINISTRATIVE TRUST UNDER THE TOMLINSON FAMILY TRUST 4/7/1982 By: Mark W. Lindsay, Co-Tru tee By: av' . Turnbull, Co -Trustee STATE OF IDAHO ss. County of Ada ) On this day of November, in the year of 2021, before me a Notary Public of said State, personally appeared Robert L. Phillips, known or identified to me to be the President of Brighton Corporation, the Manager of DWT INVESTMENTS LLC, the company that executed the 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. E HARIVAUGHAN ublic - State of Idaho on Number 20181002 ion Expires Jun 1, 2024 STATE OF IDAHO ) ss COUNTY OF ADA ) 8 �44 Lll� - Notary Public for 1 My Commission expires __-la'; "o-D � This record was acknowledged before me on November O V� , 2021, by David W. Turnbull, on behalf of the Thomas W. Tomlinson Administrative Trust under the Tomlinson Family Trust dated 4/71982, in the representative capacity of Co -Trustee. SHARIVAUGHAN �Yy1it- zl vti-- Notary Public - State of Idaho Notary Public for Idah Commission Number 20181002 My commission expires (�- My Commission Expires Jun 1, 2024 APPROVED DAT 04ro6/22 j %UtjB;R'A 2G21 —z ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Scan �, ) On before me,,CanCA mat :t l s , N+�1 �v (insert name and title of the officer) personally appeared Mark W. Lindsay, Co -Trustee who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ILEANASORANIDIS Commission No. 2279717 z NOTARY PUBLIC - CALIFORNIA SAN DIEGO COUNTY y Canmissim EVires March 4, 2023 Signature( (Seal) APPROVED '" E 04/05/22 I EXHIBIT A Legal Description j %UtIB;R'A 2G21-0zze r5r2m, Tock 1 of Paramount Point Subdivision, filed in Book 122 of Plats and Pages 19145 through and including 19151 on November 15, 2021, in the official records of Ada County, Idaho. E IDI� 11 APPROVED DA EI 04/05/22 J %UtjB;R'A 2G21 -z EXHIBIT B Permitted Exceptions PWRPWRi described herein is located within the boundaries of City of Meridian (208-888-4433) and is subject to any assessments levied thereby. 2. The land described herein is located within the boundaries of Settlers Irrigation District (208-344-2471) and is subject to any assessments levied thereby. 3. The land described herein is located within the boundaries of McMullen Lateral Water Users Association, Inc. and is subject to any assessments levied thereby. 4. Right-of-way for North Slough Lateral and the rights of access thereto for maintenance of said lateral. 5. The following reservations and exceptions in a United States Patent, and in the act authorizing the issuance thereof, recorded April 2, 1891 in Book 2 of Patents, at Page 353, records of Ada County, Idaho. "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." 6. Terms and provisions contained in a Development Agreement. Recorded: August 14, 2003 Instrument No: 103137116, records of Ada County, Idaho; Terms and provisions contained in a First Amendment to Development Agreement. Recorded: September 26, 2008 Instrument No.: 108108427, records of Ada County, Idaho; Terms and provisions contained in an Addendum to the Development Agreement. Recorded: July 24, 2013 Instrument No.: 113083665, records of Ada County, Idaho; Terms and provisions contained in a 2nd Addendum to the Development Agreement Recorded: January 20, 2016 Instrument No.: 2016-005060, records of Ada County, Idaho; Terms and provisions contained in a 3rd Addendum to the Development Agreement. Recorded: January 12, 2017 Instrument No.: 2017-003462, records of Ada County, Idaho; Terms and provisions contained in 4th Addendum to the Development Agreement. Recorded: July 19, 2017 Instrument No.: 2017-066043, records of Ada County, Idaho; Terms and provisions contained in 5th Addendum to the Development Agreement. Recorded: February 3, 2021 Instrument No.: 2021-018123, records of Ada County, Idaho. 7. Terms and provisions contained in a City of Meridian Ordinance No.14-1597. Recorded: February 5, 2014 Instrument No.: 114009330, records of Ada County, Idaho. AZ GWP APPROVED nts with certain terms and provisions as set forth in a Declaration and Grant of Easement. May 11, 2020 �j% o;R:A2G2 No.: 2020-055045, records of Ada County, Idaho. cE •�u�� a_e� A-zoz,-0�s milled: March 15, 2021 Instrument No.: 2021-041046, records of Ada County, Idaho. 9. Easements with certain terms and provisions as set forth in a Grant of Temporary Construction Easement. Recorded: May 11, 2020 Instrument No: 2020-055046, records of Ada County, Idaho. 10. Declaration of Reciprocal Easements with Covenants, Conditions, and Restrictions, 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: May 11, 2020 Instrument No.: 2020-055048, records of Ada County, Idaho. First Amendment to Declaration of Reciprocal Easements with Covenants, Conditions and Restrictions. Recorded: July 23, 2021 Instrument No.: 2021-110811, records of Ada County, Idaho. 11. An easement for the purpose shown below and rights incidental thereto as set forth in a Sanitary Sewer Easement. Granted to: City of Meridian, an Idaho municipal corporation Purpose: Right of way for an easement for the operation and maintenance of sanitary sewer Recorded: March 10, 2021 Instrument No.: 2021-038135, records of Ada County, Idaho. 12. An easement for the purpose shown below and rights incidental thereto as set forth in a Water Main Easement. Granted to: The City of Meridian, an Idaho municipal corporation Purpose: Construction and operation of water mains and their allied facilities, together with their maintenance, repair, and replacement at the convenience of the Grantee, with the free right of access to such facilities Recorded: March 10, 2021 Instrument No.: 2021-038136, records of Ada County, Idaho. 13. Terms and provisions contained in a Temporary License Agreement by and between Ada County Highway District and BVA UC RE Paramount LLC, DWT Investments LLC, and Thomas W. Tomlinson Administrative Trust. Recorded: March 17, 2021 Instrument No.: 2021-042460, records of Ada County, Idaho. 14. Easements, reservations, restrictions, and dedications as shown on the preliminary plat of Paramount Point Subdivision, recorded November 15, 2021 as Instrument No. 2021-163363, records of Ada County, Idaho. 15. Terms and conditions contained in a/an Central District Health Letter. Recorded: November 15, 2021 Instrument No.: 2021-163370, records of Ada County, Idaho. Exhibit B