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Home My WebLink AboutWarranty Deed V1L 1 (E IDI� I.A\ — ADA COUNTY RECORDER Phil McGrane 2021-137451 �J BOISE IDAHO Pgs=6 LINDSAY WHEELER 09/17/2021 04:18 PM uested by, return to, PIONEER TITLE COMPANY OF ADA COUNTY $15.00 APPROVED tatementsto: DAT 05/04/22 o LLC �jj%UiIIBLe:FP--2-2 ock Street 3702 Attention: Thomas M. Coleman `--1 —70 A I (Above Space for Recorder's Use Only) SPECIAL WARRANTY DEED For good and valuable consideration: L.C. Development, Inc., an Idaho corporation ("Grantor"), does hereby grant, bargain, sell and convey unto: KB Home Idaho LLC, a Delaware limited liability company ("Grantee"), whose address is 1414 W. Bannock Street, Boise, Idaho 83702, all that certain land situated in Ada County, Idaho, as more particularly described on Exhibit A, which is attached hereto and incorporated herein by reference, together with all tenements, hereditaments and appurtenances, including, without limitation, easements, ditch rights, water and water rights (whether classified as real or personal property), irrigation company shares, mineral rights, if any, thereto belonging or appertaining, including without limitation, all gravel, oil and gas interests, royalties and licenses appurtenant thereto, and any reversions, remainders, rents, issues or profits thereof, and all rights, title and interests of Grantor in and under all matters of record. TO HAVE AND TO HOLD the Premises, with its appurtenances unto Grantee and Grantee's successors and assigns forever. Grantor does hereby covenant to Grantee that Grantor owns the Property in fee simple and that the Property is free from encumbrances done, made or suffered by Grantor, or any person claiming under Grantor except (a) general taxes and assessments for the current year that are not yet due and payable; (b) those certain "Permitted Exceptions" attached hereto as Exhibit B and incorporated herein by reference; and (c) any matters arising from the acts or omissions of Grantee or its agents; and that Grantor will warrant the same forever, as to Grantor's own acts and none other, from all lawful claims whatsoever. EXECUTED effective as of the date this Special Warranty Deed is recorded in the real property records of Ada County, Idaho. "Grantor" L.C. DEVELOPMENT, INC., an Idaho corporation By: . Alleh Lee Centers, r se dent SPECIAL WARRANTY DEED PAGE 1 OF 6 APPROVED DAT 05/04/22 IDAHO ) ss kda ) This record was acknowledged before me on 5t'/)J ?b by Allen Lee Centers as President of L.C. Development, Inc., an Idaho corporation. Notary Public SPECIAL WARRANTY DEED PAGE 2 OF 6 APPROVED DAT 05/04/22 EXHIBIT A LEGAL DESCRIPTION A parcel located in the SE'/4 and the SW'/4 of Section 25, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at an Aluminum Cap monument marking the northeast comer of the SE'/4 (E'/4 corner) of said Section 25, from which an Aluminum Cap monument marking the southeast corner of said Section 25 bears S0032'44"W a distance of 2664.85 feet; Thence N89°29'05"W along the northerly boundary of said SE'/4 a distance of 1320.30 feet to a 5/8 inch diameter iron pin marking the southwesterly corner of Meridian Heights No. 3 Subdivision as shown in Book 62 of Plats on Pages 6274 and 6275, Records of Ada County, Idaho, also being the southeasterly corner of Biltmore Estates Subdivision No. 3 as shown in Book 112 of Plats on Pages 16460 through 16462, Records of Ada County, Idaho, and the northeast corner of the NW'/4 of the SE'/4 of said Section 25; Thence continuing along said northerly boundary of the SE'/4 and southerly boundary of said Biltmore Subdivision No. 3 N89°23'56"W a distance of 493.18 feet to the POINT OF BEGINNING; Thence leaving said boundary SO°36'04"W a distance of 16.00 feet to a point; Thence N89°23'56"W a distance of 72.71 feet to a point; Thence a distance of 298.19 feet along the arc of a 359.00 foot radius curve left, said curve having a central angle of 47°35'29" and a long chord bearing S66°48'20"W a distance of 289.70 feet to a point of reverse curvature; Thence a distance of 185.99 feet along the are of a 741.00 foot radius curve right, said curve having a central angle of 14°22'52" and a long chord bearing S50°12'01"W a distance of 185.50 feet to a point on the southerly right-of-way of the Williams Northwest Pipeline Corp. easement, Instrument No. 390291, records of Ada County, Idaho; Thence along said southerly right-of-way S51 °42' 17"E a distance of 1520.48 feet to a point; Thence leaving said southerly right-of-way S6° 15'44" W a distance of 425.18 feet to a point; Thence N89°04' 16"W a distance of 1505.66 feet to a point on the westerly boundary of said SE'/4 of Section 25; Thence along said westerly boundary N0027'2511E a distance of 545.74 feet to a point; Thence leaving said westerly boundary N89°32'35"W a distance of 60.00 feet to a point; Thence NO°27'25"E a distance of 678.58 feet to a point; Thence N44°28' 15"W a distance of 21.24 feet to a point; Thence N89°23'56"W a distance of 7.94 feet to a point; Thence NO°36'04"E a distance of 50.00 feet to a point; Thence S89023'55"E a distance of 26.34 feet to a point; Thence a distance of 56.54 feet along the arc of a 675.00 foot radius curve left, said curve having a central angle of 4°47'57" and a long chord bearing N88003'27"E a distance of 56.52 feet to a point on said westerly boundary of the SE'/4; Thence along said westerly boundary N0027'25"E a distance of 305.63 feet to a point marking the northwest corner of said SE'/4 (Center'/4); Thence along the northerly boundary of said SE'/4 S89°23'56"E a distance of 827.50 feet to the POINT OF BEGINNING. SPECIAL WARRANTY DEED PAGE 3 OF 6 APPROVED EXHIBIT B Da:e 0eiO4i22 I PERMITTED EXCEPTIONS taxes for the year 2021, which are liens and are not yet due and payable. Sewer charges and special assessments, if any, for the City of Meridian. Levies and assessments of the following district and the rights, powers and easements thereof as provided by law. District: Boise-Kuna Irrigation District 4. Rights of way as disclosed by available maps. For: Sundall Laterall An easement containing certain terns, conditions and provisions affecting a portion of said premises and for the purposes stated therein In Favor of: Pacific Northwest Pipeline corporation Recorded: May 24, 1955 Instrument No.: 381912 in Book 29 Misc. at Page 307 Affects: A strip of land 75' in width as depicted on ALTA/NSPS Land Title Survey for Graycliff Estates Property Drawing 21-29 Graycliff dated May 2021 and revised on 6/30/2021 6. An easement and Agreement containing certain terms, conditions and provisions affecting a portion of said premises and for the purposes stated therein. In Favor of: Meridian Heights Water & Sewer Association, Inc. Recorded: January 16, 1996 Instrument No.: 96004015 Master Pathway Agreements upon the terms, provisions and consequences arising therefrom. Between: Nampa Meridian Irrigation District, the City of Meridian, the City of Boise and the County of Ada County Instrument Nos.: 100102999, 101002090, 101002091, 101009649, 101013585 Affects: Sundall Lateral, Carlson Lateral and Tumbler Sub -Lateral Right, title and interest of the party herein named. Disclosed by: Quitclaim Deed executed by the United States Department of the Interior Bureau of Reclamation Party: Nampa Meridian Irrigation District Recorded: July 18, 2001 Instrument No.: 101071951 9. Terms, conditions, and provisions of Development Agreement Between: Ada County Highway District and Biltmore Estates LLC, Allen Lee and Dianne Centers, Lee Centers and LC Development Inc. Dated: June 22, 2015 Recorded: July 22, 2015 Instrument No.: 2015-066091 10. Terms, conditions, and provisions of Development Agreement Between: City of Meridian and Star Development, Inc. SPECIAL WARRANTY DEED PAGE 4 OF 6 APPROVED lted: November 8, 2015 o5/04/22 corded: December 9, 2015 Da�e strument No.: 2015-112095 : CE %U61B: RFP-zo 2 —2 Addendum/amendment to said Agreement Recorded: September 12, 2018 Instrument No.: 2018-086664 Addendum/amendment to said Agreement Recorded: June 4, 2020 Instrument No.: 2020-066784 11. Ordinance No. 15-1666 by City of Meridian upon the terms and provisions set forth therein. Dated: December 15, 2015 Recorded: December 23, 2015 Instrument No.: 2015-116566 12. An easement containing certain terms, conditions and provisions affecting a portion of said premises and for the purposes stated therein In Favor of: Ada County Highway District Recorded: November 4, 2016 Instrument No.: 2016-106938 As depicted on ALTA/NSPS Land Title Survey for Graycliff Estates Property Drawing 21-29 Graycliff dated May 2021 and revised on 6/30/2021 13. An easement containing certain terms, conditions and provisions affecting a portion of said premises and for the purposes stated therein In Favor of: Ada County Highway District Recorded: March 10, 2017 Instrument No.: 2017-020735 As depicted on ALTA/NSPS Land Title Survey for Graycliff Estates Property Drawing 21-29 Graycliff dated May 2021 and revised on 6/30/2021 14. An easement containing certain terms, conditions and provisions affecting a portion of said premises and for the purposes stated therein In Favor of: City of Meridian Recorded: February 9, 2018 Instrument No.: 2018-012304 As depicted on ALTA/NSPS Land Title Survey for Graycliff Estates Property Drawing 21-29 Graycliff dated May 2021 and revised on 6/30/2021 15. Terms, conditions, and provisions of Well Site Lease Agreement Between: Star Development Inc, an Idaho corporation and City of Meridian Dated: September 15, 2015 Recorded: September 17, 2015 Instrument No.: 2015-086405 16. Matters as disclosed by ALTA/NSPS Land Title Survey By: Land Solutions Land Surveying and Consulting Date: May 2021 and revised on 6/30/2021 Drawing: 21-29 Graycliff ALTA Survey Drawing As follows: SPECIAL WARRANTY DEED PAGE 5 OF 6 APPROVED DAT 05/04/22 - Relocated Sundell Lateral - Water Line - Sanitary Sewer Line - Pressure Irrigation Pumphouse and Irigation Structures - Power Joint/Trench Line - Gravity Irrigation Line - Gravel Access Road 17. An easement containing certain terms, conditions and provisions affecting a portion of said premises and for the purposes stated therein In Favor of: Idaho Power Company Recorded: February 8, 2018 Instrument No.: 2018-011837 As depicted on ALTA/ NSPS Land Title Survey for Graycliff Estates Property Drawing 21-29 Graycliff dated May 2021 and revised on 6/30/2021 18. Terms, conditions, and provisions of Emergency Access Easement Agreement Between: Biltmore Estates LLC and City of Meridian Dated: July 27, 2021 Recorded: July 28, 2021 Instrument No.: 2021-112389 Rerecorded on September 3, 2021 as Instrument No. 2021-130944 SPECIAL WARRANTY DEED PAGE 6 OF 6