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HomeMy WebLinkAboutCC - Warranty Deed ADA COUNTY RECORDER Trent Tripple 2024-010907 BOISE IDAHO Pgs=5 ANGIE STEELE 03/01/2024 04:48 PM ALLIANCE TITLE-BOISE PRODUCTION CENTER $15.00 A7- 6S-104c) SPECIAL. WARRANTY DEED For hood and valuable consideration, the receipt of which is hereby acknowledged, Marquita M. Flansburg, a married woman as her sole and separate property, and Theresa Charlayne Call, a married woman as her sole and separate property ("Grantors"), convey and specially warrant to Hcsscomm Corp., an Idaho corporation ("Grantee"),, whose address is Z33� cc_ and its successors and assigns forever, the following described premises, in Ada County, Idaho, TO WIT: A parcel located in the Southeast quarter of the Northeast quarter of Section 4, Township 3 North,flange I West more particularly as follows: Commencing at the Southeast corner of the Southeast quarter of the Northeast quarter of said Section; thence Northerly a distance of 263 feet along the East boundary of said Southeast quarter of the Northeast quarter of said Section; thence Westerly-a distance of 675 feet parallel to the North boundary line of said section; thence Southeasterly in a straight line to a point which is 243 feet West of the Southeast corner of the Southeast quarter of the Northeast quarter on the Southerly boundary line of said Southeast quarter of the Northeast quarter; thence Easterly 243 feet along said South boundary line of the Southeast quarter of the Northeast quarter to the POINT OF BEGINNING. SUBJECT TO those matters set forth on Exhibit "A" attached hereto and incorporated herein by this reference (collectively the "Permitted Exceptions"). The Grantor covenants to the Grantee that Grantor is the owner in fee simple of said premises; that the premises are free from encumbrances created or suffered by the Grantor, excepting the Permitted Exceptions, and excepting those of record, and that Grantor will warrant and defend the same from all lawful claims of or through Grantor, but none other. IT IS UNDERSTOOD AND AGREED THAT THE PROPERTY IS BEING SOLD AND CONVEYED BY GRANTOR TO GRANTEE AND ACCEPTED BY GRANTEE "AS-IS AND WHERE-IS" AND WITH ALL FAULTS AND THAT GRANTOR IS NOT MAKING AND SPECIFICALLY DISCLAIMS ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND OR CHARACTER, EXPRESS OR IMPLIED, WITH RESPECT TO THE PROPERTY, INCLUDING BUT NO LIMITED TO, WARRANTIES OR REPRESENTATIONS AS TO MATTERS OF TITLE (OTHER "THAN GRANTOR'S WARRANTY" OF TITLE SET FORTH HEREIN), ZONING, TAX CONSEQUENCES, PHYSICAL OR ENVIRONMENTAL CONDITIONS, AVAILABILITY OF ACCESS, Cnvria! Warranty Ilvs-d -Pnoa 1 of i INGRESS OR EGRESS, OPERATING HISTORY OR PROJECTIONS, VALUATION, GOVERNMENTAL APPROVALS, GOVERNMENTAL REGULATIONS OR ANY OTHER MATTER. OR THING RELATING TO OR AFFECTING THE PROPERTY, INCI..,UDING, WITHOUT LIMITATION, (I) THE VALUE, CONDITION, MERCHANTABILITY, MARKETABILITY, PROFITABILITY, SUITABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE OF THE PROPERTY, (ii) THE MANNER. OR QUALITY OF THE CONSTRUCTION OR MATERIALS INCORPORATED INTO ANY OF THE PROPERTY, AND (iii) THE MANNER, QUALITY, STATE OF REPAIR OR LACK OF REPAIR OF THE PROPERTY. GRANTEE HAS NOT RELIED UPON AND WILL NOT RELY UPON, EITHER DIRECTLY OR INDIRECTLY, ANY REPRESENTATION OR WARRANTY OF GRANTOR OR ANY AGENT OF GRANTOR. GRANTEE REPRESENTS THAT IT IS A KNOWLEDGEABLE PURCHASER OF REAL ESTATE AND THAT IT IS RELYING SOLELY ON ITS OWN EXPERTISE AND THAT OF GRANTEE'S CONSULTANTS IN PURCHASING THE PROPERTY. GRANTEE HAS CONDUCTED SUCH INSPECTIONS AND INVESTIGATIONS OF THE PROPERTY AS GRANTEE DEEMED NECESSARY, INCLUDING, BUT NOT LIMITED TO, THE PHYSICAL AND ENVIRONMENTAL CONDITIONS THEREOF, AND HAS RELIED UPON THE SAME. GRANTEE ASSUMES THE RISK THAT ADVERSE MATTERS, INCLUDING, BUT NOT LIMITED TO, ADVERSE PHYSICAL AND ENVIRONMENTAL CONDITIONS, MAY NOT HAVE BEEN REVEALED BY GRANTEE'S INSPECTIONS AND INVESTIGATIONS. GRANTEE ACKNOWLEDGES AND AGREES THAT THERE ARE NO ORAL AGREEMENTS, WARRANTIES OR REPRESENTATIONS, COLLATERAL TO OR AFFECTING THE PROPERTY BY GRANTOR, ANY AGENT OF GRANTOR OR ANY THIRD PARTY. GRANTOR IS NOT LIABLE OR BOUND IN ANY MANNER BY ANY ORAL OR WRITTEN STATEMENTS, REPRESENTATIONS, OR INFORMATION PERTAINING TO THE PROPERTY FURNISHED BY ANY REAL ESTATE AGENT, AGENT, EMPLOYEE, SERVANT OR OTHER PERSON, UNLESS THE SAME ARE SPECIFICALLY SET FORTH OR REFERRED TO HEREIN. GRANTEE .FURTHER ACKNOWLEDGES AND AGREES THAT THE PROVISIONS OF THIS PARAGRAPH WERE A MATERIAL FACTOR IN THE DETERMINATION OF THE PURCHASE PRICE FOR THE PROPERTY. IN WITNESS WHEREOF, the Grantors have executed this instrument on this day of February, 2024. MbJar`, 'ta M.FlSr�i i Theresa Charlayne Call Cnpeia!Warranty T.-od-Paan 1.of i STATE OF IDAHO ) ) ss. County of Ada ) On the 0'� day of Wjt , 2024, before me, the undersigned, a Notary Public in and for said State,personally appeared Marquita M. Flansburg, known or identified to nic to be the person whose name is subscribed to the within Instrument and acknowledged that she executed the same. IN WITNESS WHEREOF, I have hereunto affixed my official seal the day and year first above written. RESIDING IN Notary Public for Idaho SOISE IDAHO 83702 Residing at Boise Idaho ALEXANDRA SUPPE COMMISSION#20233732 NOTARY PUBLIC STATE OF IDAHO STATE OF CALIFORNIA MY COMMISSION EXPIRES 09/05/2029 County of Riverside On February 29, 2024 before me, Lucia C. Sicairos, Notary Public _(here insert name and title of the officer), personally appeared Theresa Charlayne Call, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the salve in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person 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. LUCU3 Q'e.StCAO C "riP4494M Signature Nbte'yPubk C®IHomia �'��GG Riveea�9 County Ady Comm.E 're6 Apr.11.2W (Seal) Cnvrial 11 nrranty r ood - Ptiop 3 (if 2 EXHIBIT "A" TO SPECIAL WARRANTY DEED Permitted Exceptions • Rights or claims of parties in possession not shown by the public records. • Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. ® Easements, or claims of easements, not shown by the public records ® Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. ® (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c)water rights or easements appurtenant to water rights, claims or title to water, whether or not the matters excepted under(a), (b), or(c)are shown by the public records. 8 Taxes or special assessments which are not shown as existing liens by the public records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings,whether or not shown by the records of such agency or by the public records. m General Taxes for the year 2023 a Lien, the first half is paid and the second half is now due and payable. Parcel No.: S1204141840 ® Taxes, including any assessments collected therewith, for the year 2024 which are a lien not yet due and payable. ® Special assessments, if any, for the City of Meridian. ® Levies and assessments of the Nampa Meridian Irrigation District, and the rights, powers and easements of said district as by law provided. • Ditch, road and public utility easements as the same may exist over said premises. • Right, title and interest of the public in and to those portions of the Land lying within roads or highways. e Right-of-way for Sky Pilot Drain and the rights of access thereto for maintenance of said drain. • Unrecorded leaseholds, if any, and the rights of vendors and holders of security interest in personal property of tenants to remove said personal property at the expiration of the term. • Rights, interests, or claims which may exist or arise by reason of the following fact(s)shown on a survey plat entitled Record of Survey for Hesscom Corp. Dated: February 23, 2024 Prepared by: HMH Engineering Recorded: February 26, 2024 Instrument No.: 2024-009702 Fact(s): a. The fact that right-of-way that runs on the Land along the easterly property line by as much as 48 feet. e Rights, interests or claims which may exist or arise by reason of the following fact(s)shown on a survey plat entitled Geddes West Topographic Survey Job No. 21-496 Dated: December 27, 2021 Fvhihit• A"to gnpv/AI Wiirranty nPPd_PA6P 1 of I Prepared by: Idaho Survey Group, LLC Fact(s): a.)The fact that Sky Pilot Drain runs on the land along the southerly property line. b.)The fact that 15" CMP runs onto the Land from an irrigation box located on adjacent property and into the Sky Pilot Drain. c.) The fact that N Black Cat Rd runs on the property along the easterly property line. d.)The fence and irrigation line with unidentified circular structures run on and along the northerly property line. e.)The fact that sanitary sewer line and underground power line run on land near the easterly property line without an easement. f.) The fact that fence lines do not define the property lines. g.)The fact that telephone junction box located near northerly property line, gate and water manhole are located at the northerly property line and power transformer run from adjacent property onto the Land at the northerly property line. h.)The fact that N. Julia PI right-of-way appears to run onto Land at the northerly property line. i.)The fact that sidewalk/concrete area from adjacent land crosses onto the Land at the northerly property line. Frhihit*-A" to Cnswisrl\,[%arrontc Mori_P-Am,I nf,