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HomeMy WebLinkAboutCorrected Warranty Deed Kent & Mary Barney 96Oct04OF ADA COUNTY REPRESENTING TICOR TITLE INSURANCE COMPANY Please Reply To: 821 W. State St. ^ Suite 500 Boise, Idaho 83702 85 South Cole Road (208) 336-6700 Boise, Idaho 83709 (208) 377-2700 City of Meridian 728 Meridian Street Meridian, Idaho 83642 L Attn: Jack Niemann J In connection with the above numbered F~crow, we enclose the following: (X )Title Insurance Policy No. 0 135399 ( )Fire Insurance Policy in the amount $ (X ) Warranty Deed recorded 10/15/84 Inst. 468451239 (original) ( ) P-68487-9 Escaow No. BARNEY/CITY OF MERIDIAN RE. October 18, 1984 DATE: ( )Statement of Receipts and Disbursements ( )Our check # in the sum of $ ( )Deed recorded Instrument No. ( )Deed of Trust recorded Instrument No. ( )Note dated in the sum of $ The enclosed documents are for your records regarding this transaction. Thank you for allowing us to be of service to you. It has been a pleasure!! Any other documents to which you are entitled will be forwarded as soon as they are available. Yours very truly, Pioneer Title Company Ada Coun By: Torr:. D.. -~..1,.. L'.. ., .. T., ., l.,., ,. ~ ., .. J TICOR TITLE INSURANCE Policy of Title Insurance SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS CONTAINED IN SCHEDULE B AND THE PROVISIONS OF THE CONDITIONS AND STIPULATIONS HEREOF, TICOR TITLE INSURANCE COMPANY (a Stock Company), a California corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the amount of insurance stated in Schedule A, and costs, attorneys' fees and expenses which the Company may become obligated to pay hereunder, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested otherwise than as stated therein; 2. Any defect in or lien or encumbrance on such title; 3. Lack of a right of access to and from the land; or 4. Unmarketability of such title. This policy shall not be valid or binding until countersigned below by a validating signatory of the Company. TICOR TITLE INSURANCE COMPANY By President ~. Attest ~ _.~~ ` Secretary ... .. C ntersig d: pioneer le Company of Ada County Vali ing Signatory dd Boise, Idaho Th tFgn f~_R'tl Amnr;ran 1 and Titlu AcenniaKnn (l~~ine~e Pnlirv - Fnrm a . ion Iamonrl4A in_i ~_Trn f'AT N(1 NNnndF'i GAT. NO. NN01045 F+iiiCiiuan Lams inie r+~wuaauun vwne~~ runty - ia~u TO 2328 PNTI (8-82) ' OWNER'S POLICY schedule A Agent's Reference No.: P 68487 Number Amount of Fnsurance , Date of Policy Premium OWNERS o ~ ~ ~ $ 17,000.00 October 15, 1984 as of 3.45 pm 129.00 1. Name of Insured: City of Meridian 2. Title to the estate or interest covered by this policy at the date hereof is vested in the insured. 3. The estate or interest in the land described or referred to in this Schedule covered by this policy is Fee Simple. 4. The land referred to in this policy is located in the County of Add State of Idaho and described as follows: Lot 9 of the Lake at Cherry Lane, according to the plat thereof, filed in Book 52 of Plats at pages 4569-4570, records of Ada County, Idaho. THIS POLICY IS VALID ONLY IF SCHEDULE B IS ATTACHED j CAT. NO. NN00448 , TO 1586 (1.83) Owners Policy or Stavidard Coverage Policy Schedule B POLICY N0. P 68487 0 135399 This policy does not insure against loss or damage by reason of the following: STANDARD EXCEPTIONS (a) Rights or claims of parties in possession not shown by the public records. (b) Easements, or claims of easements, not shown by the public records. (c) Encroachments, overlaps, boundary line disputes, or other matters which would be disclosed by an accurate survey or inspection of the premises. (d) 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. (e) Unpatented mining claims; reservations or exceptions in patents or in acts authorizing the inssuance thereof; water rights, claims or title to water. (f) Taxes or assessments which are not shown as existing liens by the public records. SPECIAL EXCEPTIONS 1. General taxes for the year 1984, which are liens, are not yet due and payable. 2. Real property taxes which may be assessed, levied and extended on any "subsequent and/or occupancy roll" with respect to improvements completed during the year which escaped assessment on the regular assessment roll. 3. Sewerage charges and special assessment powers of the City of Meridian. No special assessments now show of record. 4. Liens and assessments of the following district and the rights and powers thereof as provided by law. No delinquencies appear in the County Recorder's Office. District: Nampa Meridian Irrigation District 5. 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: Idaho Power Company, a corporation Recorded: August 17, 1936 Filed In: Book 15 of Miscellaneous Records at Page 30 The exact location of which is undisclosed of record. Continued CAT. NO. NN00315 TO 1405.1 (1-83) Schedule (Continued) N o. P 68487 0 135399 6. Covenants, Conditions, Restrictions and Easements as hereto attached. Dated: June 11, 1984 Executed by: Kent G. Barney and Mary R. Barney, husband and wife Recorded: June 25, 1984 Instrument No: 8431540 7. Covenants, conditions, restrictions and easements as set forth on the face of the plat and as follows: "The easements on said plat are not dedicated to the public, but the right to use said easements are hereby perpetually reserved for public utilities and for other uses as designated hereon, and no structures other than for such utility purposes are to be erected within the lines of said easements." NOTES: Building setbacks in this subdivision shall conform to the applicable Zoning Regulations of the City of Meridian. Each lot as shown hereon shall have a ten foot permanent public utility, and drainage easement. Each lot as shown hereon shall have a five foot permanent public utility, irrigation and drainage easement. All lots are hereby designated as having a permanent public utilities, drainage irrigation and public right of way easement over the outer 10 feet of each lot that is adjacent and paralell to any street that is dedicated to the use of the public. However, this shall not preclude the construction of proper hard surf ace driveways for access to each individual lot. On Lots 2 and 11, the residential house shall not be less than 1100 square feet. On Lots 1, 3 and 4, the residential house shall not be less than 1200 square feet. On Lots 5, 6, 7, 8 and 10, the residence house shall not be less than 1300 square feet. Lot 9 is not intended to be a residential lot and has no access from Sea Island Court. This lot is part of the Cherry Lane Golf Course. NOTE: There is no notice of record and therefore no search has been made for any unpaid assessments, charges or fees for sewer, water, garbage, irrigation and other possible utility services. END OF EXCEPTIONS ~ oG~ ~i1h ~~~/ -~l •~~~~~~~ ~ ~ . ~Inw..'., ~..,.G.w........,-..........., , r . ~,..,'° /' c /'r ~ 'bj4 C s ~ 1`i~.t~ ~ i4m,C~t~ t+S P u1x ~ bs~anal 6r~~vvvrr-~~ ~ . 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'96 OCT 3 Prl /'f/t!Y _~., FEE ~,-~~~ uL,'. - RECORDED ..:\', ; t-'::- ;",E QvES T OF 821 West State Street / Boise, Idaho 83702 (208) 336-6700 888 North Cole Road / Boise, Idaho 83704 (208) 377-2700 ACCOMMODATION SPACE ABOVE FOR RECORDING DATA o~ '):}3L{ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~ ~ ~ CORRECTION WARRANTY DEED ~ ~ ~ ~ (INDIVIDUAL) :;: ~ ~ ~ FOR VALUE RECEIVED MARY R. BARNEY AS PERSONAL .REPRESENTATIVE OF THE ESTATE OF 0 ~ KENT G. BARNEY AND MARY R. BARNEY, A WIDOW ~ ~ ~ = GRANTOR(s) does (do) hereby GRANT, BARGAIN, SELL and CONVEY unto ~ ~ CITY OF MERIDIAN ~ t GRANTEE(S), whose current address is: 33 E. IDAHO AVE., MERIDIAN, IDAHO 83642 ~ the following described real property in ADA County, State of Idaho, I....,'" more particularly described as follows, to wit: ~ SEE EXHIBITS "All, liB" AND "c" ATTACHED HERETO AND MADE A PART HEREOF ~ ~ ~ ~ i i I ; I I ~ ~ ~ ~ ~ ~ STATE OF ADA, 55. ~ ~ OCTOBER 1996 ~ ~ On this , in the year of , before me ~ ~ DAVID E. ~ ~ ' a Notary Public, personally appeared ~ ~ subscribed to the within ~ ~ AS PERS ESEN~ IV ~ OS S CRIBED ~ ~ Y~f ~ ACKNOWLEDGED TO ME THAT SHE EXECUTED TH Residing at. ~ ~ . ~ ~ SAME AS SUCH PERSONAL REPRESENTATIVE. y ommission Expires: _ _ ~ ~- ~ ~ ~/'\l"r'\",r \~\'Oi~~~ \ll(I\'O'1 "\'Of~\fi1\:01\i1l1~~~~^~~~'S'"Y;~~ ~~......'\(").'; ~~..rv.:NV:~:o.n/~~ THIS CORRECTION DEED IS GIVEN TO CORRECT ERRORS IN THE LEGAL DESCRIPTION OF EXHIBIT "All ON THAT CERTAIN WARRANTY DEED RECORDED 12-19-95 IN ADA COUNTY AS INSTRUMENT NO. 95093287. ~ ; I TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee(s)J and Grantees(s) heirs and assigns forever. And the said Grantor(5) does (do) hereby covenant to and with the said Grantee(s), the Grantor(s) is/are the owner(s) in fee simple of said premises; that said premises are free from all encumbrances, EXCEPT those to which this conveyance is expressly made subject and those made, suffered or done by the Grantee(s); and subject to reservations, restrictions, dedications, easements, rights of way and agreements, (if any) of record, and general taxes and assessments, includes irrigation and utility assessments, (if any) for the current year, which are not yet due and payable, and that Grantor(s) will warrant and defend the same from all lawful claims whatsoever. Dated: OCTOBER 4, 1996 ATIVE OF '-/)VivJf# ~~ '--; )?~ OJ MARY R. BARNEY AS PERSONAL REPRE THE ESTATE OF KENT G. BARNEY SENT BY: 5-30-56 j 4:43PM POWER ENGRS BOISE-. 208 3763106;# 2/ 3 EXHIBIT If A" 290 North Maple Grove Road BoiHe, ID 8370~ (208) 378--6380 14~ax (208) 378-0025 PROJECT:'SlSQ62 DATE: August 19, 1994 ~vised:Sep~rnbei30, 1996 ,C;;I.J,',f;.:- r''I\ I' , DESCRIP1JON FOR, SlEINBR CORPORATION GOLF COURSE. 'LOT SS BLOCK 2 A PORTION OF mE NORTH...HALF SECTION 3 T.3N., R-l W., B.M. MmUDIAN: ADA COUNTY, wAlio ~ , A parcel of land being a poniOIl ofthc North-Hal( section 3, .'r.3N., ~lW., BJd., Meridian, Ada Cowny, Idaho and more particularly described as follows: . . Beginning 'at a Brass cap ~king the'Southwest comer of the Nonhcast Quancr of Sectio~ 3. T.3N.. R.IW..B.M,. Meridian, Ada Copnty. Idaho ' .. ,"', ' thence North 68000'00tJ East 265.00 feet to an iron pin; thence Nonh 11051'41." East 207.58 f~t to an iron pin (for~crly ~orth ~1044156~ East ~07_40 feet)~' thence North 04000'14 rt WesL 99.94 fcello an iron pin (formerly North'03~SO'OO" W~ 100.00 feet); the!ice North 030) ~'37'4 West 50.00 fe;et to an iron pin; thence Nonh 03u59'40'.~est 10U.l1 feet to an Iron.pin (formerly ~onh 03050'0" West); . thence North 86009'17N East 170.14 feet ~o an iron pin (formerly Noitli 86QIO'OQI)'East): then~ North 030S01~OIl West.140.77 feet 10, an iron pin; . , thence N:orth 64006156" East 76,45 feet to an iron p~; thence North 21041'34" &st 106.19 feet ~ an irOn pin, said iron pin being the REAL POINT OF BEGINNING; I . . thpnce North 7403014211 Wcsl63.02 feet to an iron pin; , thence North 78020'29(1 West ,19CJ.OS feet to an iron pin; lheuce South 840S~IO,111 Wcs1590.91 feel (0 an iron pin; thence North OOo30'~8t1 East 207~S8 feet to an iro~ pin; then~ Sou~h 87036'04" Easl55,~.21 teet to an iron pin; thence North 81009102" East 82.00 t:eet to an iron pin; thence Soutb 89002'00" East 223 :~3 feet to an iron pin; I thQoec South 0801415611 West 19,'.64 feet to the point otbegilup.ng, comprising 3.30 ac~, more or 1_.. " , '.' I , lIiiH,. . ' n.. .':.r.:... T ....:.J u.~.... .^....~,.,. ^ ,1~..:..1.^.... ....t IJf'\Wl,fU ~"";"-,ll''''''_ T....,. "'" T iI "" 10."" (1-^___^,.-a+-f"," SUBJECT TO: All existing ease~cnts and road rights-of-way of record or appearing on the abovc-desQribcd parcel of land, , . - . Prepa;red ~: Pacific Land Surveyors JTEJBDMCWE Job~ T. (Tom) Edd'y~ P.L.S. ' .',- .. ....., 1 '.., -J EXHIBIT "B" PACIF)C LAND SURVEYORS 290 North Maple Grove Road Boise, ID 83704 (208) 378~6380 FAX (208) 378-0025 PROJECT: 515062 DATE: August 19, 1994 DESCRIPTION FOR STEINER CORPORATION GOLF COURSE LOT A PORTION OF THE NORTII-HALF SECTION 3 T.3N., RIW., B.M. :MERIDIAN, ADA COUNTY, IDAHO A parcel of land being a portion of the North-Half, Section 3, T.3N., RIW., B.M., Meridian, Ada County, Idaho and more particularly described as follo\vs: Beginning at a Brass cap marking the Southwest corner of the Northeast Quarter of Section 3, T.3N., R.l W., B.M., Meridian, Ada County, Idaho said brass cap being the REAL POINT OF BEGINNING; thence North 75030'00" West 190.00 feet to an iron pin; thence North 40000'0011 West 40.00 feet to an iron pin; thence South 75059'31" West 70.00 feet to an iron pin; thence South 25000'00" West 64.19 feet to an iron pin; thence North 89025'0611 West 354.52 feet to an iron pin; thence North 00030'18" East 212.27 feet to an iron pin; thence North 82030.02" East 597.53 feet to an iron pin; thence South 89029'45" East 351.50 feet to an iron pin; thence South 11051'41" West 198.82 feet to an iron pin; thence South 68000100" West 265.00 feet to the point of beginning, comprising 5.12 acres, more or less. SUBJECT TO: All existing easements and road rights-of-way of record or appearing on the above-described parcel of land. Prepared by: Pacific Land Surveyors ITEfEDM:CWE John T. (Tom) Eddy, P.L.S. EXHIBIT "c" .tACIFle LAND SURVEYORS 290 North Maple Grove Road Boise, ID 83704 (208) 378-6380 FAX (208) 378-0025 PROJECT: 515062 DATE: February 7, 1995 Excess Property DESCRIPTION FOR KENT BARNEY A PORTION OF TIIE WEST-HALF SECTION 3 T.3N., R.IW., B.M. ?v1ERIDIAN, ADA COUNTY, IDAHO A parcel of land being a portion of the West-half, Section 3, T.3N., RIW., B.M., Meridian, Ada County, Idaho and more particularly described as follows: Beginning at a Brass cap marking the Southeast comer of the Northeast Quarter of Section 3, T.3N., R.IW., B.M., Meridian, Ada County, Idaho thence along the Southerly boundary of said Northeast Quarter of Section 3, North 88055129" West 2643.29 feet to a Brass cap marking the Southwest comer of the Northeast Quarter; thence leaving said Southerly boundary North 75030100" West 190.00 feet to a 2" iron pipe; thence North 40000'00" West 40.00 feet to an iron pin; thence South 75059'31" West 70.00 feet to an iron pin; thence South 25000'00" West 64,19 feet to an iron pin; thence North 89025'06" West 254.51 feet to a point, said point also being the REAL POINT OF BEGINNING; thence continuing North 89025'06" West 100.01 feet to a point; thence South 00030'11" West 407.92 feet to a point; thence South 68054'1111 East 276.46 feet to a point marking ~ point of CUlVe; thence along a curve to tt..e right 59.46 feet, said curve having a central angle of 34004' 10", a radius of 100.00 feet, tangents of30,64 feet and a long chord of 58.59 feet bearing South 51052'06" East to a point marking a point of tangent; thence South 34050'0111 East 292.99 feet to a point; thence South 89048'41" East 147.34 feet to a point; thence North 35000'00" West 109.03 feet to a point; thence North 51045'00" West 580,00 feet to a point; thence North 00029'44" East 335.18 feet to the point of beginning, comprising 2.00 acres, more or less. .. .... . SUBJECT TO: All existing easements and road rights-of-way of record or appearing on the above-described parcel of land. Prepared by: Pacific Land Surveyors JTEfEDM John T. (Tom) Eddy, P.L.S.