HomeMy WebLinkAboutCC - Lot 5 Warranty Deed ADA COUNTY RECORDER Phil McGrane 2021-099700
BOISE IDAHO Pgs=6 DAN RYALLS 06/30/2021 01:38 PM
FIRSTAMERICAN TITLE INSURANCE COMPANY- $15.00
Recording Requested By and
When Recorded Return to-
WT Land Company, LLC
76 West 13775 South#2
Draper UT 84020
Attn: James G. Taggart
First AmeftnTO SPACE ABOVE THIS LINE FOR RECORDER'S USE ONLY
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SPECIAL WARRANTY DEED
HIGH DESERT DEVELOPMENT LINDER VILLAGE, LLC, an Idaho limited
liability company ("Grantor"), for valuable consideration paid by WT LAND COMPANY,
LLC, a Utah limited liability company ("Grantee"), whose current address is 76 West
13775 South #2, Draper, Utah 84020, does hereby sell, transfer and convey unto
Grantee, all the following described real property situated in the County of Ada, State of
Idaho:
See Exhibit "A" attached hereto and incorporated herein by this reference
("Premises").
Together with all improvements located on the Premises 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 Premises.
To have and to hold, all and singular the Premises together with its
appurtenances unto Grantee and its successors and assigns forever.
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 covenants with Grantee that the Premises are free from all
encumbrances made by it and that it will warrant and defend said Premises against the
lawful claims of all persons claiming by or through Grantor, and none other; subject to
the matters above set forth.
DATED this 30th day of June, 2021.
(SIGNATURE .PAGES FOLLOW]
SPECIAL WARRANTY DEED - 1
42795.0012 13854006 4
GRANTOR:
High Desert Development Linder Village, LLC,
an Idaho limited liability company
By:
Y
Josqoh D. uarte
Manager
STATE OF IDAHO )
) ss.
County of Ada )/ )
On this 30 day of � in the year 2021, Joseph D.
Huarte, known or identified to me to be the Manager of High Desert Development Linder
Village, LLC, an Idaho limited liability company, who executed the foregoing instrument,
and acknowledged to me that he executed the same on behalf of High Desert
Development Linder Village, LLC.
IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed my official
seal the day and year in this certificate first above written.
Notary Public for Idah99
Residing at
1' TAMI O NETT COMMISSION#30581 My commission expires -1,2 c
NOTARY PUBUC
STATE OF IDAHO
MY COMMISSION EXPIRES 09/12/2022
SPECIAL WARRANTY DEED - 2
42795.0012.13854006A
Exhibit A to Special Warranty Deed
Lot 5 in Block 1 of Linder Village Subdivision, according to the plat thereof, filed for
record on May 11, 2021, in Book 120 of Plats at Pages 18806-18811, and as Instrument
No. 2021-074335 of the real property records of Ada County, Idaho.
SPECIAL WARRANTY DEED - 3
42795.0012.13854006.4
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 should 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. General and special taxes, including any assessments collected therewith, and
including any which may be assessed and extended on any "subsequent' or
"occupancy" tax roll, which may escape assessment of the regular tax roll, for the
year 2021 which accrue on and after the date of recording of this Special
Warranty Deed ("Deed"), and which are a lien not yet due and payable, subject to
provisions regarding payment, proration and adjustment set forth in Section 10 of
that certain Real Estate Purchase and Sale Agreement and Joint Escrow
Instructions, as amended and assigned, entered into by and between High
Desert Development Linder Village, LLC, an Idaho limited liability company, as
seller, and WT Land Company, LLC, a Utah limited liability company, as buyer,
dated effective August 5, 2020.
7. Any tax, fee, assessments or charges as may be levied by City of Meridian for
the year 2021 which accrue on and after the date of recording of this Deed, and
which are a lien not yet due and payable.
8. Any tax, fee, assessments or charges as may be levied by The Operator of
Linder Village Shopping Center for the year 2021 which accrue on and after the
date of recording of this Deed, and which are a lien not yet due and payable.
9. Settlers Irrigation District Assessments for the year 2021 which accrue on and
after the date of recording of this Deed, and which are a lien not yet due and
payable.
10.North Slough Lateral Users Association Assessments for the year 2021 which
accrue on and after the date of recording of this Deed, and which are a lien not
yet due and payable.
11.Right of way North Slough Lateral AKA Simpson Lateral.
12.Right of way Almaden Lateral.
13.License Agreement and the terms and conditions thereof:
Between: North Slough Lateral Users Association
And: CCPD, Inc. an Oregon corporation and Lynx Investments, L.P., a
California limited partnership
SPECIAL WARRANTY DEED - 4
42795.0012.13 854006.4
Recording Information: 2016-014976
14.Easement, including terms and provisions contained therein:
Recording Information: 2018-111951
In Favor of: Ada County Highway District
For: Sidewalk and Slope
15.Development Agreement and the terms and conditions thereof:
Between: City of Meridian
And: Lynx Investments, LLLP, C.C.P.D., Inc., High Desert Development, Inc.
and DMG Real Estate Partners, LLC
Recording Information: 2019-028376
16.Easement, including terms and provisions contained therein:
Recording Information: 2020-026948
In Favor of: Idaho Power Company
For: underground power line
17.Declaration of Easements and Conditions between WinCo Foods, LLC, a
Delaware limited liability company, High Desert Development Linder Village,
LLC, an Idaho limited liability company and Lynx Investments, LLLP, an Idaho
limited liability limited partnership, formerly known as Lynx Investments, L.P., a
California limited partnership, recorded March 26, 2020, as Instrument No. 2020-
035128, Records of Ada County, Idaho.
18.Memorandum of Site Development Agreement and the terms and conditions
thereof:
Between: WinCo Foods, LLC, a Delaware limited liability company
And: High Desert Development Linder Village, LLC, an Idaho limited liability
company
Recording Information: 2020-035129
19.License Agreement and the terms and conditions thereof:
Between: North Slough Water Users Association, Inc., an Idaho corporation
And: Syringa Networks, LLC, an Idaho limited liability company
Recording Information: 2020-039902
20.License Agreement and the terms and conditions thereof:
Between: North Slough Water Users Association, Inc., an Idaho corporation
And: Syringa Networks, LLC, an Idaho limited liability company
Recording Information: 2020-039903
21.Any and all offers of dedication, conditions, restrictions, easements, boundary
discrepancies or encroachments, notes and/or provisions shown or disclosed by
the filed or recorded map referred to in the legal description.
22.Warranty Surety Agreement and the terms and conditions thereof:
Between: City of Meridian
And: High Desert Development Linder Village, LLC
Recording Information: 2020156855
23.Easement, including terms and provisions contained therein:
Recording Information: 2020172543
In Favor of: State of Idaho, Idaho Transportation Board, by and through the
Idaho Transportation Department
SPECIAL WARRANTY DEED - 5
4279 5.0012.13 854006.4
For: construction and/or installation and/or maintenance of transportation
improvements, utilities, irrigation and drainage facilities and/or sidewalks and
pathways
24.Easement, including terms and provisions contained therein:
Recording Information: 2021014150
In Favor of: City of Meridian
For: sanitary sewer and water main
25.Use Restriction, dated June 24, 2021, and recorded on June 24, 2021, as
Instrument No. 2021-096921, Official Records of Ada County, Idaho.
26.Use Restriction, dated June 25, 2021, and recorded on June 25, 2021, as
Instrument No. 2021-097582, Official Records of Ada County, Idaho.
27.Memorandum of Agreement, dated June 30, 2021, and recorded on June 30,
2021, as Instrument No. 2021-099629, Official Records of Ada County, Idaho.
SPECIAL WARRANTY DEED - 6
42795.0012.13 854006.4