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Home My WebLink AboutCC - Warranty Deeds ADA COUNTY RECORDER J, DAVID NAVARRO AMOUNT 21.00 7 BOISE IDAHO 04110109 04:14 PM DEPUTY Bonnie Oberbillig (II IIII�I�I+Illll�l,ll�lllllll�lllill RECORDED—REQUEST OF Pioneer 10904105 1 Recording Requested By and When Recorded Return to: Richard F. Goodson HAWLEY TROXELL ENNIS& HAWLEY LLP P.O. Box 1617 Boise, Idaho 83701 SPACE ABOVE THIS LINE FOR RECORDER'S USE ONLY WARRANTY DEED r��4 This Warranty Deed is made this T" day of 2009, between SPRING HILL, LLC, an Idaho limited liability company, the "Grantor," and L & G MURGOITIO, LLC, an Idaho limited liability company, the "Grantee," which has a current mailing address of 6575 S. Locust Grove Road, Meridian, Idaho, 83642. WITNESSETH: For valuable consideration the Grantor does hereby grant, bargain, sell and convey unto the Grantee that certain real property situate in the County of Ada, State of Idaho, which is more particularly described on EXHIBIT "A" attached hereto and incorporated herein by reference ("Premises"): TOGETHER WITH all and singular the buildings, structures, improvements, tenements, hereditaments, appurtenances and water and ditch rights thereunto belonging or in anywise appertaining, including but not limited to that portion of State of Idaho Water Right #63-11703 appurtenant to the Premises, the reversion and reversions, remainder and remainders, rents, issues and profits thereof. WARRANTY DEED - 1 02872.0002.1462070.1 SUBJECT TO: The liens, encumbrances and other matters listed on EXHIBIT "B" attached hereto and by this referenced made a part hereof("Permitted Exceptions"). Grantor and Grantee acknowledge that the Mortgage listed as Permitted Exception 15 on the attached EXHIBIT "B_ is valid and binding and shall remain in full force and effect. This Warranty Deed does not effect a merger of the fee ownership and the lien of the Mortgage. The fee ownership of and the lien in the Premises shall hereafter remain separate and distinct. Grantee reserves Grantee's rights to foreclose the Mortgage at any time as to any party with any claim, interest or lien on the Premises. TO HAVE AND TO HOLD said Premises unto the Grantee and its successors and assigns forever. The Grantor covenants with the Grantee, its successors and assigns, that Grantee shall enjoy the quiet and peaceful possession of said Premises; that the Grantor is lawfully seized of said Premises in fee simple; and the Grantor warrants that the title to said Premises is merchantable and free from all liens and encumbrances, excepting those to which this conveyance is expressly made subject, and that the Grantor will warrant and defend the same from all other lawful claims whatsoever. WARRANTY DEED - 2. 02872.0002 1462070.1 IN WITNESS WHEREOF, this Warranty Deed has been duly executed by the Grantor as of the day and year herein first above written. SPRING HILL, LLC, an Idaho limited liability company By: J-LINE LP, an Idaho limited partnership, Man7Lnws By: ja 46q go . J son, G eral Partner By: Heidi M. Johnson eneral Partner STATE OF IDAHO ) ) ss. County of Ada ) On this 7 day of f � , 2009, before me, a Notary Public in and for said State, personally appeared Gregory B. Johnson and Heidi M. Johnson, known or identified to me to be the General Partners of J-Line LP, an Idaho limited partnership, the Manager of Spring Hill, LLC, an Idaho limited liability company, and the Manager who subscribed said limited liability company name to the foregoing instrument, and acknowledged to me that they executed the within instrument on behalf of said limited partnership, and that such limited partnership executed the same in said limited liability company 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. 0",f 11r114r,," ,y 5>Y.�■M.r■.e,��f .ram. ■— Nita j Public for Idaho PUBLlGF�tslng at "r%e..+ ■e ' Arnmission expire << �❑ '•.,. rFr � B SOXPIRES 05-05.2011O UY�!)PfAiS � E WARRANTY DEED - 3 02872.0002,1462070.1 EXHIBIT "A" PARCEL I (Parcel 0902): A parcel of land being a portion of the North half of Section 5, Township 2 North, Range 1 East of the Boise Meridian, Ada County, Idaho being more particularly described as follows: Commencing at the Northwest corner of Section 5, Township 2 North,Range 1 East, Boise Meridian, thence South 89 degrees 57'42"East 2663.77 feet to the Northwest corner of the Northeast quarter of the REAL POINT OF BEGINNING of this description; thence South 89 degrees 57'30" East 287.50 feet along the North line of the Northeast quarter to a point; thence South 00 degree 00'00"East 104.38 feet to a point on the centerline of the Farr Lateral; Along the centerline of the Farr Lateral the following: thence South 69 degrees 12'36"East 194.76 feet to a point of curvature; thence 153.61 feet along a curve to the right; said curve having a radius of 200.00 feet, a central angle of 44 degrees 00'19", a tangent of 80.82 feet and a chord of 149.86 feet which bears South 47 degrees 12'26"East 149.86 feet to a point of tangency; thence South 25 degrees 12'17"East 135.17 feet to a point; thence South 22 degrees 30'27"East 1518.71 feet to a point; thence South 50 degrees 00'00"East 27.38 feet to a point; thence South 00 degree 22'36"East 32.24 feet to a point; thence North 64 degrees 59'21" West 64.46 feet to a point; thence North 46 degrees 02'32" West 379.56 feet to a point; thence South 68 degrees 36'36"West 694.84 feet to a point; thence South 43 degrees 00'19"West 108.41 feet to a point; thence North 78 degrees 30'03"West 191.66 feet to a point on the West line of the Northeast quarter; thence North 00 degree 01'18"East 1854.47 feet to the REAL POINT OF BEGINNING. PARCEL II (Parcel 7700): A Parcel of land being the Northeast quarter of the Southeast quarter and the North half of the Southeast quarter of the Southeast quarter of Section 6, Township 2 North,Range 1 East of the Boise Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the Northeast corner of Section 6, Township 2 North, Range 1 East,Boise Meridian, thence South 00 degree 04'35"East 267 1.15 feet to the East quarter corner of said Section 6, the REAL POINT OF BEGINNING of this description; thence South 00 degree 04'40"East 1991.89 feet to the Southeast corner of the North half of the Southeast quarter of the Southeast quarter; thence North 89 degrees 22'09" West 1323.43 feet to the Southwest comer of the North half of the Southeast quarter of the Southeast quarter; thence North 00 degree 01'54" West 1991.70 feet to the Northwest corner of the Northeast quarter of the Southeast quarter; thence South 89 degrees 22'35" East 1321.82 feet to the REAL POINT OF BEGINNING. EXHIBIT "A" 02872M02,1482070.1 EXHIBIT "B" 1. Taxes and assessments for the year 2009, not yet due and payable. 2. Liens, fees and charges for trash services as provided by Ada County Ordinance No. 467 amending Title 5, Chapter 2, Section 4 of Ada County Code. None now due and payable. 3. Liens and assessments of the following district and the rights and powers thereof as provided by law. District: Nampa Meridian Irrigation District. None now due and payable. 4. Liens and assessments of the following district and the rights and powers thereof as provided by law. District: New York Irrigation District. None now due and payable. 5. Liens and assessments of the following district and the rights and powers thereof as provided by law. District: Boise Kuna Irrigation District. None now due and payable. 6. An easement containing certain terms, conditions and provisions affecting a portion of said premises and for the purposes stated herein For: Power Line Easement In Favor of: Charles Clucas and Francy Clucas to Idaho Power Company Recorded: February 24, 1950 Filed In: Book 22 of Miscellaneous Records at Page 309 Affects: Parcel ) 7. An easement containing certain terms, conditions and provisions affecting a portion of said premises and for the purposes stated herein For: Right of Way In Favor of: Pacific Northwest Pipeline Corporation Recorded: September 23, 2955 Filed In: Book 29 of Miscellaneous Records at Page 468 Affects: Southerly portion of Parcel I and property to the South 8. An easement containing certain terms, conditions and provisions affecting a portion of said premises and for the purposes stated herein For: Right of way In Favor of: Pacific Northwest Pipeline Corporation Recorded: September 23, 1955 Filed In: Book 29 of Miscellaneous Records at Page 471 Affects: Parcel I and other property EXHIBIT "B" - 1 02872,0002.1462070.1 9. An easement containing certain terms, conditions and provisions affecting a portion of said premises and for the purposes stated herein For: Power Line Easements In Favor of: Delmer E. Buchanan and Sharon C. Buchanan to Idaho Power Company Recorded: August 10, 1970 Recorder's Fee No.: 748463 Affects: Northeast quarter of the Southeast quarter of the Southeast quarter of Section 6, Township 2 North, Range 1 East Affects: Part of Parcel II 10. Rights of way as disclosed by available maps. For: Farr Lateral Affects: Parcel I 11. Rights of way as disclosed by available maps. For: Rawson Canal Affects: Parcel II 12. Matters disclosed by Record of Survey Recorded: July 22, 1996 Instrument No.: 96061062 Survey No.: 3614 Affects: Parcel 1 13. An easement containing certain terms, conditions and provisions affecting a portion of said premises and for the purposes stated herein For: Overhead easement In Favor of: Idaho Power Company Recorded: May 30, 2003 Instrument No.: 103088644 Affects: part of the North half of the Southeast quarter of the Southeast quarter of Section 6, Township 2 North, Range 1 East Affects: Parcel II 14. Matters disclosed by Record of Survey Recorded: February 6, 2007 Instrument No.: 107017389 Survey No.: 7782 Affects: Parcel I EXHIBIT "B" - 2 02872.0002.1462070.1 15. A Mortgage to secure an indebtedness of$850,000.00, and any other amounts as therein provided, payable under the terms, conditions, provisions and stipulations thereof. Dated: July 29, 2003 Mortgagor: Spring Hill, LLC Mortgagee: Hopkins Northwest Fund, L.L.C., an Idaho limited liability company as trustee for the benefit on a parity for all Series "NW" Debenture Holders Recorded July 30, 2003 Instrument No.: 103127405 The beneficial interest of Deed of Trust was assigned by Instrument Dated: May 16, 2005 To: Hopkins Growth Fund, LLC, an Idaho limited liability company "as trustee for the benefit on a parity for all Services "G" Debenture Holders" Recorded: June 3, 2005 Instrument No.: 105071363 Affects: Parcels I and II The beneficial interest of Deed of Trust was assigned by Absolute Assignment as evidenced by Notice of Absolute Assignment Dated: 4-10 , 2009 To: L & G Mur4o-i tio, LLC Recorded: 10 0 , 2009 Instrument No.: 161 04 k)04 Affects: Parcels 1 & II EXHIBIT "B" - 3 02872,0002.1402070.1 ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT 15,00 5 BOISE IDAHO 04/10/09 04:14 PM Recording Requested By and DEPUTY Bonnie Oberbillig III Illlll�lllllllll�lllllllllllf II�II When Recorded Return to: RECORDED-REQUEST OF Richard F. Goodson Pioneer 109041047 HAWLEY TROXELL ENNIS & HAWLEY LLP P.O. Box 1617 Boise, Idaho 83701 SPACE ABOVE THIS LTNC FOR RECORDER'S USE ONLY WARRANTY DEED This Warranty Deed is made this day of , 2009, between GREGORY B. JOHNSON and HEIDI M. JOHNSON, husband and wife, collectively the "Grantor," and L & G MURGOITIO, LLC, an Idaho limited liability company, the "Grantee," which has a current mailing address of 6575 S. Locust Grove Road, Meridian, Idaho, 83642. WITNESSETH: For valuable consideration the Grantor does hereby grant, bargain, sell and convey unto the Grantee that certain real property situate in the County of Ada, State of Idaho, which is more particularly described on EXHIBIT "A" attached hereto and incorporated herein by reference ("Premises"): TOGETHER WITH all and singular the buildings, structures, improvements, tenements, hereditaments, appurtenances and water and ditch rights thereunto belonging or in anywise appertaining, the reversion and reversions, remainder and remainders, rents, issues and profits thereof. WARRANTY DEED - 1 02872.0002 1461948.1 SUBJECT TO: The liens, encumbrances and other matters listed on EXHIBIT "B" attached hereto and by this referenced made a part hereof. TO HAVE AND TO HOLD said Premises unto the Grantee and its successors and assigns forever. The Grantor covenants with the Grantee, its successors and assigns, that Grantee shall enjoy the quiet and peaceful possession of said Premises; that the Grantor is lawfully seized of said Premises in fee simple; and the Grantor warrants that the title to said Premises is merchantable and free from all liens and encumbrances, excepting those to which this conveyance is expressly made subject, and that the Grantor will warrant and defend the same from all other lawful claims whatsoever. IN WITNESS WHEREOF, this Warranty Deed has been duly executed by the Grantor as of the day and year herein first above written. ;egory Joh o Heidi M. Johnson WARRANTY DEED - 2 02872.0002.1461948.1 STATE OF IDAHO ) ) ss. County of Ada ) On this day of L�, 2009, before me, a Notary Public in and for said state, personally appeared Gregory B. Johnson and Heidi M. Johnson, husband and wife, known or identified to me to be the persons whose names are subscribed to the foregoing instrument, and acknowledged to me that they 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. LLyLIS tLifrl7lg8 or-* YG i G.D M _ cN ty"Vubc for Idah �p [ r�c /eefYimision expires ,j..:. ;, OF AAA/preu/aLb WARRANTY DEED - 3 02872.0002,1461948.1 EXHIBIT "A" The South half of the Southeast quarter of the Southeast quarter of Section 6, Township 2 North, Range 1 East, Boise Meridian, in Ada County, Idaho. EXHIBIT "A" 02872.0002.1461948.1 EXHIBIT "B" 1. Taxes and assessments for the year 2009, not yet due and payable. 2. Liens, fees and charges for trash services as provided by Ada County Ordinance No. 467 amending Title 5, Chapter 2, Section 4 of Ada County Code. None now due and payable. 3. Liens and assessments of the following district and the rights and powers thereof as provided by law. District: Boise Kuna Irrigation District. None now due and payable. 4. Liens and assessments of the following district and the rights and powers thereof as provided by law. District: New York Irrigation District. None now due and payable. 5. Rights of way as disclosed by available maps. For: Locust Grove Location: Easterly portion of subject property 6. Rights of way as disclosed by available maps. For: Columbia Road Location: Southerly portion of subject property 7. Rights of way as disclosed by available maps. For: Beckdolt Lateral EXHIBIT "B" 02872.0002 1461948.1