HomeMy WebLinkAboutCC - Warranty Deeds ADA COUNTY RECORDER Phil McGrane 2021-178794
BOISE IDAHO Pgs=6 CHE FOWLER 12/21/2021 02:49 PM
TITLEONE BOISE $15.00
When Recorded Return to:
SCS INVESTMENTS LLC
3240 W.Bavaria
Ea le, ID 83616
..'@ $77U
SPACE ABOVE THIS UNE FOR RECORDER'S USE ONLY
SPECIAL WARRANTY DEED
Special Warranty Deed made this„��day of December, 2021, between The Tomlinson
Foundation,a California nonprofit public benefit corporation,("Grantor°),and SCS Investments LLC,whose
physical address is 3240 W.Bavaria, Eagle, ID 83616("Grantee),witnesseth:
That Grantor,for and in consideration of the sum of Ten Dollars and No Cents($10.00),and other
good and valuable consideration, the receipt whereof is hereby acknowledged,does, by these presents,
convey its undivided interest in the following described real estate situated in the County of Ada,State of
Idaho unto Grantee and its successors and assigns forever:
SEE SCHEDULE I ATTACHED HERETO AND INCORPORATED HEREIN.
Together with all and singular the tenements, hereditaments, and appurtenances thereunto
belonging or in anywise appertaining,the rents, issues and profits thereof;all water rights and ditch rights
(including stock in utilities with ditch or irrigation rights);and all estate,right,title and interest in and to the
property,as well in law as in equity,except as expressly provided otherwise herein.
To have and to hold, all and singular the above-described premises together with the
appurtenances unto Grantee and Its heirs and assigns forever.
Grantor makes no covenants or warranties with respect to title,express or Implied,other than that
previous to the date of this instrument, Grantor has not conveyed the same estate, or any right, title or
interest therein,to any person other than Grantee and that such estate is at the time of the execution of this
instrument free from encumbrances done, made or suffered by the Grantor,or any person claiming under
Grantor, subject to any and all easements, restrictions, agreements and encumbrances of record or
appearing on the land as of the date of this instrument.
(Remainder of Page Intentionally Biank)
[Signatures on Next Page]
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed this JVA�day
of December, 2021.
GRANTOR: TOMLINSON FOUNDATION, a California nonprofit
public benefit corporation
Mark W. Lindsay,Vice Preside
ACKNOWLEDGMENT
A notary public or other officer completing this...........""Y
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached,and not the truthfulness,accuracy,or
validity of that document.
State of California
County of viefao )
On before me, vV"A Svorklt.',o 0 "l`c
(insert name and title of the officer)
personally appeared_,Mark W. Lindsay, Co-Trustee_ r
who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the
person(s),or the entity upon behalf of which the person(s)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.
. EWAN BURKE
WITNESS my hand and official seal. Z usN-2NOT CALIFORNIA
a
SAN DIEGO COUNTY
Commission Expires March 4,2023
Signature (Seal)
Exhibit A
Parcel I:
A parcel of land located in the Southeast quarter of the Southwest quarter of Section 21,Township 4 North,Range 1
West,Boise Meridian,Ada County,Idaho,more particularly described as follows:
Commencing at the quarter section corner common to Sections 21 and 28 of said Township 4 North, Range 1 west;
thence
North 00°31'54"East a distance of 40.00 feet on the North-South mid-section line of said Section 21;thence
North 89027'20"West a distance of 1304.66 feet to a point on the North-South 1/16th section line of the Southwest
quarter of said Section 21;thence
North 00°306"East a distance of 110.02 feet on the North-South 1/1 6th section line of the Southwest quarter of
said Section 21 to a point on the Northerly right-of-way line of West Chinden Boulevard(Highway 20/26),said point
being the Point of Beginning;thence continuing
North 00034'36"East a distance of 525.88 feet on the North-South 1/16th section line of the Southwest quarter of
said Section 21 to a point on the Southerly right-of-way line of North Levi Avenue,as same is described in Deed to
Idaho Transportation Department, Instrument No. 114048157 of Ada County Records;thence
South 890 25'31"East a distance of 1269.19 feet on said Southerly right-of-way line;thence South 440 25'31"East a
distance of 35.36 feet on said Southerly right-of-way line;thence
South 00034'29"west a distance of 535.21 feet on said right-of-way line to a point on the Northerly right-of-way line
of said west Chinden Boulevard;thence on the Northerly right-of-way line of said west Chinden Boulevard for the
following courses and distances:
North 890 27'20"West a distance of 301.85 feet;thence
North 8r 13'42"west a distance of 900.68 feet;thence
North 89027'20"West a distance of 92.34 feet to the Point of Beginning.
Excepting therefrom:
A parcel of land situated in a portion of the Southeast quarter of the Southwest quarter and the Southwest quarter of
the Southeast quarter of Section 21,Township 4 North, Range 1 west,Boise Meridian,Ada County, Idaho,and
being more particularly described as follows:
Commencing at the South quarter corner of said Section 21 which bears South 89027'17"East a distance of 2609.39
feet from the Southwest corner of said Section 21;thence along the Easterly line of the Southwest quarter of said
Section 21
North 00031'57"East a distance of 115.00 feet to a point on the Northerly right-of-way line of Chinden Blvd.(US
20/26)and being the Point of Beginning;thence leaving said Easterly line and following said Northerly right-of-way
line
North 89°2717"West a distance of 34.80 feet to a point;thence leaving said Northerly right-of-way line
North 00034'29"East a distance of 807.80 feet to a point;thence
North 4402619"West a distance of 23.34 feet to a point;thence
North 89027'06"West a distance of 1236.64 feet to a point;thence
South 45033'55"west a distance of 23.33 feet to a point on the Westerly line of said Southeast quarter of the
Southwest quarter of Section 21;thence following said Westerly line
North 00034'56"East a distance of 96.00 feet to a point;thence leaving said westerly line
South 440 26'05" East a distance of 23.34 feet to a point;thence
South 890 2706"East a distance of 1352.12 feet to a point;thence
South 00034'29"west a distance of 887.33 feet to a point on the Northerly right-of-way line of Chinden Blvd.(US
20/26);thence following said Northerly right-of-way line
North 89025'31"west a distance of 64.20 feet to the Point of Beginning.
Parcel II:
A parcel of land located in the South half of the South half of Section 21,Township 4 North,Range 1 West,Boise
Meridian,Ada County, Idaho,more particularly described as follows:
Commencing at the quarter section comer common to Sections 21 and 28 of said Township 4 North, Range 1 West;
thence
North 00031'54"East a distance of 40.00 feet on the North-South mid-section line of said Section 21;thence
North 8902720"west a distance of 1304.66 feet to a point on the North-South 1/16th section line of the Southwest
quarter of said Section 21;thence
North 000306"East a distance of 685.90 feet on the North-South 1/16th section line of the Southwest quarter of
said Section 21 to a point on the Northerly fight-of-way line of North Levi Avenue,as same is described in Deed to
Idaho Transportation Department, Instrument No. 114048157 of Ada County Records,said point being the Point of
Beginning;thence continuing
North 00034'36"East a distance of 591.42 feet on the North-South 1/16th section line of the Southwest quarter of
said Section 21;thence
South 89'027'18"East a distance of 1303.66 feet to the Center-South 1/16th section corner of said Section 21;thence
South 89020'29"East a distance of 1305.33 feet on the East-west 1/16th section line to the South-East 1/16th
section comer of said Secton 21;thence
South 000 27'07"west a distance of 1060.37 feet on the North-South 1/1 6th section line;thence
North 890 25'35"west a distance of 400.00 feet;thence
South 00027'07"West a distance of 215.00 feet to a point on the Northerly right-of-way line of said west Chinden
Boulevard;thence on the Northerly right-of-way line of said west Chinden Boulevard for the following courses and
distances:
North 89025'35"west a distance of 583.90 feet;thence
North 000 34'29"East a distance of 75.00 feet;thence
North 89025'35"West a distance of 283.64 feet;thence leaving said Northerly right-of-way line of West Chinden
Boulevard
North 00034'29"East a distance of 610.20 feet to a point on the Northerly right-of-way line of said North Levi Avenue;
thence
North 89°25'31"West a distance of 1344.19 feet on the Northerly right-of-way line of said North Levi Avenue to the
Point of Beginning.
Excepting therefrom:
A parcel of land situated in a portion of the Southeast quarter of the Southwest quarter and the Southwest quarter of
the Southeast quarter of Section 21,Township 4 North, Range 1 West,Boise Meridian,Ada County,Idaho,and
being more particularly described as follows:
Commencing at the South quarter comer of said Section 21 which bears South 89027'17"East a distance of 2609.39
feet from the Southwest corner of said Section 21;thence along the Easterly line of the Southwest quarter of said
Section 21
North 00031'57"East a distance of 115.00 feet to a point on the Northerly right-of-way line of Chinden Blvd.(US
20/26)and being the Point of Beginning;thence leaving said Easterly line and following said Northerly right-of-way
line
North 89027'17"West a distance of 34.80 feet to a point;thence leaving said Northerly right-of-way line
North 000 34'29"East a distance of 807.80 feet to a point;thence
North 44026'19"West a distance of 23.34 feet to a point;thence
North 89027'06"West a distance of 1236.64 feet to a point;thence
South 45033'55"West a distance of 23.33 feet to a point on the Westerly line of said Southeast quarter of the
Southwest quarter of Section 21;thence following said Westerly line
North 00°3456"East a distance of 96.00 feet to a point;thence leaving said Westerly line
South 44026'05"East a distance of 23.34 feet to a point;thence
South 890 27'06"East a distance of 1352.12 feet to a point;thence
South 00°34'29"West a distance of 887.33 feet to a point on the Northerly right-of-way line of Chinden Blvd.(US
20/26);thence following said Northerly right-of-way line
North 89025'31"West a distance of 64.20 feet to the Point of Beginning.
Parcel III:
A parcel of land situated in a portion of the Southeast quarter of the Southwest quarter and the Southwest quarter of
the Southeast quarter of Section 21,Township 4 North, Range 1 West,Boise Meridian,Ada County, Idaho,and
being more particularly described as follows:
Commencing at the South quarter comer of said Section 21 which bears South 89"27'17"East a distance of 2609.39
feet from the Southwest comer of said Section 21;thence along the Easterly line of the Southwest quarter of said
Section 21
North 00031'57"East a distance of 115.00 feet to a point on the Northerly right-of-way line of Chinden Blvd.(US
20/26)and being the Point of Beginning;thence leaving said Easterly line and following said Northerly right-of-way
line
North 89027'17"West a distance of 10.39 feet to a found brass cap on the Westerly right-of-way line of N.Levi Ave.
as shown on Record of Survey No. 10034 and described in Instrument No. 114048157 of Ada County records;
thence leaving said Northerly right-of-way line and following said Westerly right-of-way line
North 0003429"East a distance of 535.21 feet to a point;thence following said Westerly right-of-way line
North 44025'31"West a distance of 35.36 feet to a point on the Southerly right-of-way line of W.Agnew Dr.as shown
on Record of Survey No. 10034 and described in Instrument No. 114048157 of Ada County records;thence leaving
said Westerly right-of-way line and following said Southerly right of way line
North 89025'31"West a distance of 1269.17 feet to a point on the Westerly line of said Southeast quarter of the
Southwest quarter of Section 21;thence leaving said Southerly right-of-way line and following said Westerly line
North 00°34'56"East a distance of 50.00 feet to a point on the Northerly right-of-way line of S W.Agnew Dr.;thence
leaving said Westerly line and following said Northerly right-of-way line
South 89025'31"East a distance of 1344.17 feet to a point on the Easterly right-of-way line of said N.Levi Ave.;
thence leaving said Northerly right-of-way line and following said Easterly right-of-way line
South 0003429"West a distance of 610.21 feet to a point on the Northerly right-of-way line of Chinden Blvd.(US
20/26);thence leaving said Easterly right-of-way line and following said Northerly right-of-way line
North 89025'31"West a distance of 39.61 feet to the Point of Beginning.
Excepting therefrom:
A parcel of land situated in a portion of the Southeast quarter of the Southwest quarter and the Southwest quarter of
the Southeast quarter of Section 21,Township 4 North, Range 1 West,Boise Meridian,Ada County, Idaho,and
being more particularly described as follows:
Commencing at the South quarter comer of said Section 21 which bears South 89°27'17'East a distance of 2609.39
feet from the Southwest corner of said Section 21;thence along the Easterly line of the Southwest quarter of said
Section 21
North 00031'57"East a distance of 115.00 feet to a point on the Northerly right-of-way line of Chinden Blvd. (US
20/26)and being the Point of Beginning;thence leaving said Easterly line and following said Northerly right-of-way
line
North 89"27'17"West a distance of 34.80 feet to a point;thence leaving said Northerly right-of-way line
North 0003429"East a distance of 807.80 feet to a point;thence
North 44026'19"West a distance of 23.34 feet to a point;thence
North 8902706"West a distance of 1236.64 feet to a point;thence
South 45033'55"West a distance of 23.33 feet to a point on the westerly line of said Southeast quarter of the
Southwest quarter of Section 21;thence following said westerly line
North 00034'56"East a distance of 96.00 feet to a point;thence leaving said Westerly line
South 44026'05"East a distance of 23.34 feet to a point;thence
South 890 27'06"East a distance of 1352.12 feet to a point;thence
South 00034'29"west a distance of 887.33 feet to a point on the Northerly right-of-way line of Chinden Blvd.(US
20/26);thence following said Northerly right-of-way line
North 89025'31"West a distance of 64.20 feet to the Point of Beginning.
ADA COUNTY RECORDER Trent Tripple 2024-046191
BOISE IDAHO Pgs=6 ANGIE STEELE 08/20/2024 02:10 PM
TITLEONE BOISE $15.00
When recorded, please return to:
Oregon Commercial Development Group, LLC
1370 Center Drive
Medford,OR 97501
Attn: Jeanne Pickens
SPECIAL WARRANTY DEED
THIS SPECIAL WARRANTY DEED ("Deed") made this 19th day of August, 2024,
between SMITH BRIGHTON INC., an Idaho corporation, ("Grantor") and OREGON
COMMERCIAL DEVELOPMENT GROUP LLC, an Oregon limited liability company, whose
address is 1370 Center Drive, Medford, Oregon 97501, ("Grantee).
NOW THEREFORE for Ten Dollars ($10.00) and other good and valuable consideration,
the receipt and sufficiency of which is hereby acknowledged,Grantor hereby GRANTS, DELIVERS
AND CONVEYS to Grantee all of the real property described on Exhibit A attached hereto together
with all of Grantor's rights, title and interest in and to all improvements thereon and all rights,
privileges, and hereditaments and appurtenances related or pertaining thereto, but specifically
excluding any water rights(collectively,the"Property").
TO HAVE AND TO HOLD said Property with their appurtenances unto said Grantee and
the Grantee's successors and assigns forever. The Grantor does hereby warrant to said Grantee,
that the Grantor has not created or permitted to be created any lien, charge or encumbrance
against the Property except current years taxes, levies, and assessments and except any matter
that would be disclosed by an inspection or survey of the Property and the exceptions described
in Exhibit B attached hereto and made a part hereof by this reference;and that Grantor will warrant
and defend the same forever from all claims arising by,through or under Grantor.
THIS DEED SHALL BE BINDING upon and inure to the benefit of Grantor and Grantee
and their respective successors, heirs, legal representatives, and assigns.
IN WITNESS WHEREOF, this Special Warranty Deed has been duly executed by the
Grantor as of the day and year herein first above written.
SELLER: SMITH BRIGHTON INC.
an Idaho corporation
By: - W
Robert Phillips, President
SPECIAL WARRANTY DEED—Page 1
STATE OF IDAHO )
) ss.
COUNTY OF Ada )
On this L day of August, 2024, before me, the undersigned Notary Public in and for
said State, personally appeared Robert L. Phillips, known or identified to me to be the President
of Smith Brighton Inc. and acknowledged to me that he executed the within instrument on behalf
of said limited liability company, and that such limited liability executed the same.
C./
SHA4&1
RI VAUGHAN Notary Public for Idaho
COMMISSION#20181002 My commission expires
NOTARY PUBLIC
STATE OF IDAHO
MY COMMISSION EXPIRES 06/01/2030
SPECIAL WARRANTY DEED-Page 2
EXHIBIT A
Legal Description
Lot 1 in Block 2 of Pollard Subdivision No. 1, according to the official plat thereof,filed in Book
127 of Plats at Pages 20407 through 20411, official records of Ada County, Idaho.
EXHIBIT A to SPECIAL WARRANTY DEED
EXHIBIT B
Permitted Exceptions
The land described herein is located within the boundaries of the City of Meridian and is subject to any assessments levied thereby.
The land described herein is located within the boundaries of the Settlers Irrigation District and is subject to any assessments levied
thereby.
Liens,levies,and assessments of the Central Valley Owner's Association,Inc.
Reservations and exceptions in a United States Patent,and in the act authorizing the issuance thereof,recorded August 11, 1896 in Book
3 of Patents.at Pace 151,records of Ada County,Idaho.
An easement,including the terms and conditions thereof,for the purposes shown below and rights incidental thereto as set forth in alan
Right of Way Deed.
Granted to:State of Idaho
Purpose:Relocation of all irrigation and drainage ditches and structures and such surface drains ditches,and conditions for no advertising
or other signs
Recorded:February 2,1938
Instrument No.:181966
Book 229 of Deeds at Pate 3,records of Ada County,Idaho.
An easement,including the terms and conditions thereof,for the purposes shown below and rights incidental thereto as set forth in atan
Ditch Easement.
Granted to:State of Idaho
Purpose:Right of way for the construction of a small irrigation drain ditch
Recorded:March 23, 1938
Instrument No.:182725
Book 15 of Miscellaneous Records at Page 567,records of Ada County,Idaho.
NOTE:The exact location and extent of said easement is not disclosed of record.
Terms and conditions contained in alan Ordinance No. 193.
Recorded:November 25,2008
Instrument No.:108127250,records of Ada County,Idaho.
An easement,including the terms and oonditions thereof,for the purposes shown below and rights incidental thereto as reserved in atan
Quitclaim Deed.
Purpose:Water distribution and drainage systems
Recorded:December 3,2008
Instrument No:108129364,records of Ada County,Idaho.
Terms and provisions,including any negative easements,conditions,restrictions,and access rights contained in a deed to the State of
Idaho.
Recorded:June 19,2014
Instrument No.:114048157,records of Ada County,Idaho.
Terms and conditions contained in alan First Amended Master Perpetual Storm Water Drainage Easement by and between the owners of
the subdivision and Ada County Highway District.
Recorded:November 10,2015
Instrument No.:2015-103256.records of Ada County,Idaho.
EXHIBIT B to SPECIAL WARRANTY DEED
Terms and conditions contained in alan Development Agreement by and between City of Meridian and Tomlinson Family Trust dated April
7, 1982and Brighton Development,Inc.
Recorded:July 10,2019
Instrument No.:2019-060655 records of Ada County,Idaho.
Terms and conditions contained in alan City of Meridian Ordinance No.19-1832.
Recorded:July 10,2019
Instrument No.:2019.060658
Re-Recorded:July 15,2019
Instrument No.:2019.062070. records of Ada County,Idaho.
Terns and conditions contained in alan License Agreement by and between Settlers Irrigation District and Thomas K Tomlinson
Administrative Trust Established under the Tomlinson Family Trust 4/7/1982,a California revocable trust.
Recorded:June 12,2020
Instrument No.:2020-071044, records of Ada County,Idaho.
Addendum to License Agreement.
Recorded:June 12,2023
Instrument No,:2023-033417.records of Ada County,Idaho.
An easement,including the terms and conditions thereof,for the purposes shown below and rights incidental thereto as set forth in alan
Easement.
Granted to:Settlers Irrigation District
Purpose:Deliver and convey irrigation and drainage water,to operate,clean,maintain and repair the Harrell Lateral and to access the
Harrell Lateral with such personnel and equipment Settlers Irrigation District may utilize for those purposes
Recorded:January 17,2023
Instrument No.:2023.002753 records of Ada County,Idaho.
Terms and conditions contained in alan License Agreement by and between Settlers Irrigation District and SCS Investments,LLC.
Recorded:January 17,2023
Instrument No.:2023-00275; records of Ada County,Idaho.
Addendum to License Agreement.
Recorded:June 12,2023
Instrument No.:2023.033417,records of Ada County,Idaho.
An easement,including the terms and conditions thereof,for the purposes shown below and rights incidental thereto as set forth in alan
Sanitary Sewer Easement.
Granted to:City of Meridian
Purpose:Construction and operation of sanitary sewer and their allied facilities together with their maintenance,repair and replacement
with the free right of access
Recorded:April 5,2023
Instrument No.:2023.019377,records of Ada County,Idaho.
An easement,including the terns and conditions thereof,for the purposes shown below and rights incidental thereto as set forth in alan
Sanitary Sewer Easement.
Granted to:City of Meridian
Purpose:Construction and operation of sanitary sewer and their allied facilities together with their maintenance,repair and replacement
with the free right of access
Recorded:April 5,2023
Instrument No.:2023-019392,records of Ada County,Idaho.
EXHIBIT B to SPECIAL WARRANTY DEED
An easement,including the terms and conditions thereof,for the purposes shown below and rights incidental thereto as set forth in alan
Permanent Easement.
Granted to:Ada County Highway District
Purpose:Placement of a public right of way;construction,reconstruction,operation,maintenance and placement of any facilities or
structures incidental to the preservation or improvement of a Highway located adjacent to this easement;or statutory rights of ACHD,
utilities and irrigation districts
Recorded:June 20,2023
Instrument No.:2023-035007. records of Ada County,Idaho.
Terms and conditions contained in alan Temporary License Agreement by and between Ada County Highway District and Smith Brighton
Inc.and SCS Investments LLC.
Recorded:June 26,2023
Instrument No.:20 3 36538,records of Ada County,Idaho.
Terms and conditions contained in alan Corrective Right-of-Way Agreement by and between SCS Investments LLC and Veolia Water
Idaho,Inc.
Recorded:June 29,2023
Instrument No.:2023.037583.records of Ada County,Idaho.
An easement,including the terms and conditions thereof,for the purposes shown below and rights incidental thereto as set forth in alan
Declaration of Access Easement.
Granted to:Smith Brighton Inc.
Purpose:Pedestrian and vehicular ingress and egress,passage and traffic
Recorded:September 14,2023
Instrument No.:2023-052806. records of Ada County,Idaho.
Terms and conditions contained in atan City of Meridian Development Surety Agreement by and between City of Meridian and Smith
Brighton,Inc.
Recorded:October 10,2023
Instrument No.:2023-057508..records of Ada County,Idaho.
Easements,reservations,restrictions,and dedications as shown on the official plat of Pollard Subdivision No. 1 recorded October 20,2023
as Instrument No.2023-059643,records of Ada County,Idaho.
Terms and conditions contained in alan Central District Health Letter.
Recorded:October 20,2023
Instrument No.:2023-059644.records of Ada County,Idaho.
Terms,provisions,covenants,conditions,restrictions and easements provided in a Declaration of Covenants,Conditions and Restrictions,
but omitting any covenants,conditions or restrictions,if any,to the extent that such violates 42 USC 3604(c)or any other ordinance,
statute or regulation.
Recorded:December 5,2023
Instrument No.:2023-067815,records of Ada County,Idaho.
Terms and conditions contained in alan Declaration of Use Restrictions.
Recorded:December 5,2023
Instrument No.:2023-067816.records of Ada County,Idaho.
EXHIBIT B to SPECIAL WARRANTY DEED
When recorded return to:
Saint Alphonsus Health System,Inc.
Attn: Office of General Counsel
1055 N.Curtis Road
Boise,Idaho 83706
SPECIAL WARRANTY DEED
FOR VALUE RECEIVED, the receipt and sufficiency of which is hereby acknowledged,
Smith Brighton Inc.,an Idaho corporation("Grantor"),hereby grants,bargains, sells, and conveys
unto Saint Alphonsus Diversified Care, Inc., an Idaho non-profit corporation ("Grantee") whose
address 1055 N. Curtis Road, Boise, Idaho 83706,the real property located in Ada County, Idaho,
more specifically described on Exhibit A attached hereto and incorporated herein("Property").
TOGETHER WITH the buildings fixtures, and improvements on the Property and all of
Grantor's right, title and interest in and to all streets, alleys and rights of way adjacent thereto,
subsurface rights, mineral rights, 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 Property, as well in law as in equity.
TO HAVE AND TO HOLD the Property with its appurtenances unto Grantee, its
successors and assigns, forever.
SUBJECT TO the "Approved Exceptions", which shall mean: (a) general taxes and
assessments, for the year 2023 and thereafter, which are not yet due and payable, and (b)matters
of record.
AND Grantor, for itself,its successors,heirs and assigns does hereby covenant to and with
Grantee, that Grantor is the sole owner of the Property and owns the Property in its entirety in fee
simple; that the Property is free from all liens, claims or encumbrances done, made or suffered by
Grantor, or any person claiming under Grantor, except (a) the Approved Exceptions, and (b) any
matters arising from the acts or omissions of Grantee or Grantee's agents. Grantor hereby
covenants to and with Grantee and its successors, heirs and assigns that Grantor shall warrant and
defend the same against any other liens, claims, or encumbrances done, made or suffered by
Grantor or any person claiming under Grantor,but none other.
[Remainder of page intentionally left blank; signature page follows.]
SPECIAL WARRANTY DEED— 1
Dated this 5th day of December, 2023.
SMITH BRIGHTON INC., an Idaho corporation
By:
Robert . Phillips, Vice President
STATE OF IDAHO )
ss.
County of Ada )
On this 5kk day of December, 2023, before me, a Notary Public in and for said State,
personally appeared Robert L. Phillips,known or identified to me to be the Vice President of Smith
Brighton Inc., an Idaho corporation, who subscribed to the foregoing instrument, and
acknowledged to me that he executed the same in said corporation name.
AMANDA MCCURRY ry Public for4daho
COMMISSION#29528 My commission expires:
NOTARY PUBLIC
STATE OF IDAHO
W COMMISSION EXPIRES 04/15/2029
SPECIAL WARRANTY DEED-2
EXHIBIT A
Legal.Description of Property
Lots 3 and 6 in Block 2 of Pollard Subdivision No. 1, according,to the plat thereof,
filed in Book 127 of Plats at Pages 20407 through 20411, Records of Ada County,
Idaho.
SPECIAL WARRANTY DEED-3
ADA COUNTY RECORDER Trent Tripple 2024-064720
BOISE IDAHO Pgs=6 VICTORIA BAILEY 11/13/2024 03:35 PM
TITLEONE BOISE $15.00
When recorded,please return to:
Electrical Wholesale Supply Co., Inc.
P.O.Box 51980
Idaho Falls, ID 83402
:Zq 5- 7 2
SPECIAL WARRANTY DEED
THIS SPECIAL WARRANTY DEED ("Deed") made this 13th day of November, 2024,
between SCS INVESTMENTS LLC, an Idaho limited liability company, ("Grantor")and Electrical
Wholesale Supply Co., Inc., an Idaho corporation, whose address is 999 Flightline Dr., Idaho
Falls, ID 83402, ("Grantee).
NOW THEREFORE for Ten Dollars ($10.00) and other good and valuable consideration,
the receipt and sufficiency of which is hereby acknowledged, Grantor hereby GRANTS, DELIVERS
AND CONVEYS to Grantee all of the real property described on Exhibit A attached hereto together
with all of Grantor's rights, title and interest in and to all improvements thereon and all rights,
privileges, and hereditaments and appurtenances related or pertaining thereto, but specifically
excluding any water rights (collectively, the"Property").
TO HAVE AND TO HOLD said Property with their appurtenances unto said Grantee and
the Grantee's successors and assigns forever. The Grantor does hereby warrant to said Grantee,
that the Grantor has not created or permitted to be created any lien, charge or encumbrance
against the Property except current years taxes, levies, and assessments and except any matter
that would be disclosed by an inspection or survey of the Property and the exceptions described
in Exhibit B attached hereto and made a part hereof by this reference;and that Grantor will warrant
and defend the same forever from all claims arising by, through or under Grantor.
THIS DEED SHALL BE BINDING upon and inure to the benefit of Grantor and Grantee
and their respective successors, heirs, legal representatives, and assigns.
IN WITNESS WHEREOF, this Special Warranty Deed has been duly executed by the
Grantor as of the day and year herein first above written.
SELLER: SCS INVESTMENTS LLC,
an Idaho limited liability company
By: 346��
Michael A. Hal, President
SPECIAL WARRANTY DEED-Page 1
STATE OF IDAHO )
ss.
COUNTY OF Ada )
On this 4h day of November, 2024, before me, the undersigned Notary Public in and
for said State, personally appeared Michael A. Hall, known or identified to me to be the President
of SCS Investments LLC and acknowledged to me that he executed the within instrument on
behalf of said limited liability company, and that such limited liability executed the same.
Otti(- f1�.w
Notary Public for Idaho
My commission expires
SHARI VAUGHAN
COMMISSION#20181002
NOTARY PUBLIC
STATE OF IDAHO
JMY COMMISSION EXPIRES 06/01/2030
SPECIAL WARRANTY DEED-Page 2
EXHIBIT A
Legal Description
Lot 2 in Block 2 of Pollard Subdivision No. 1, according to the official plat thereof, filed in Book
127 of Plats at Pages 20407 through 20411, official records of Ada County, Idaho,
EXHIBIT A to SPECIAL WARRANTY DEED
EXHIBIT B
Permitted Exceptions
1.Reservations and exceptions in a United States Patent,and in the act authorizing the issuance thereof,recorded August 11,1896 in
Book 3 of Patents,at Page 151,records of Ada County,Idaho.
(Affects Entire Subdivision)
"Subject to any vested and accrued water rights for mining,agricultural,manufacturing or other purposes,and rights to ditches and
reservoirs used in connection with such water rights,as may be recognized and acknowledged by the local customs,laws and decisions of
Courts,and also subject to the right of the proprietor of a vein or lode to extract and remove his ore therefrom,should the same be found to
penetrate or intersect the premises hereby granted,as provided by law,and there is reserved from the lands hereby granted a right of way
thereon for ditches or canals constructed by the authority of the United States."
2.An easement,including the terms and conditions thereof,for the purposes shown below and rights incidental thereto as set forth in a/an
Ditch Easement.
Granted to:State of Idaho
Purpose:Right of way for the construction of a small irrigation drain ditch
Recorded:March 23,1938
Instrument No.:182725
Book 15 of Miscellaneous Records at Page 567,records of Ada County,Idaho.
(Affects Entire Subdivision)
NOTE:The exact location and extent of said easement is not disclosed of record.
3.Terms and conditions contained in a/an Ordinance No.193.
Recorded:November 25,2008
Instrument No.:108127250,records of Ada County,Idaho.
(Affects Entire Subdivision)
4.Terms and conditions contained in a/an First Amended Master Perpetual Storm Water Drainage Easement by and between the owners
of the subdivision and Ada County Highway District.
Recorded:November 10,2015
Instrument No.:2015-103256,records of Ada County,Idaho.
(Affects Lot 6 in Block 1;Lots 1,21 3 and 6 in Block 2)
5.Terms and conditions contained in a/an Development Agreement by and between City of Meridian and Tomlinson Family Trust dated
April 7,1982 and Brighton Development,Inc.
Recorded:July 10,2019
Instrument No.:2019-060655,records of Ada County, Idaho.
(Affects Entire Subdivision)
6.Terms and conditions contained in a/an City of Meridian Ordinance No.19-1832.
Recorded:July 10,2019
Instrument No.:2019-060658
Re-Recorded:July 15,2019
Instrument No.:2019-062070,records of Ada County,Idaho.
(Affects Entire Subdivision)
7.Terms and conditions contained in a/an License Agreement by and between Settlers Irrigation District and Thomas W.Tomlinson
Administrative Trust Established under the Tomlinson Family Trust 4/7/1982,a California revocable trust.
Recorded:June 12,2020
Instrument No.:2020-071044,records of Ada County,Idaho.
(Affects Entire Subdivision)
EXHIBIT B to SPECIAL WARRANTY DEED
Addendum to License Agreement.
Recorded:June 12,2023
Instrument No.:2023-033417,records of Ada County,Idaho.
8.Terms and conditions contained in a/an License Agreement by and between Settlers Irrigation District and SCS Investments,LLC.
Recorded:January 17,2023
Instrument No.:2023-002754,records of Ada County, Idaho.
(Affects Entire Subdivision)
Addendum to License Agreement.
Recorded:June 12,2023
Instrument No.:2023-033417,records of Ada County,Idaho.
9.An easement,including the terms and conditions thereof,for the purposes shown below and rights incidental thereto as set forth in a/an
Sanitary Sewer Easement.
Granted to:City of Meridian
Purpose:Construction and operation of sanitary sewer and their allied facilities together with their maintenance,repair and replacement
with the free right of access
Recorded:April 51 2023
Instrument No.:2023-019377,records of Ada County,Idaho.
(Affects Lots 3 and 6 in Block 1;Lots 1,2,3,4,5 and 6 in Block 2)
10.An easement,including the terms and conditions thereof,for the purposes shown below and rights incidental thereto as set forth in
a/an Sanitary Sewer Easement
Granted to:City of Meridian
Purpose:Construction and operation of sanitary sewer and their allied facilities together with their maintenance,repair and replacement
with the free right of access
Recorded:April 5,2023
Instrument No.:2023-019392,records of Ada County,Idaho.
(Affects Lots 2,3,5 and 6 in Block 1;Lots 1,21 3,4,5 and 6 in Block 2)
11.An easement,including the terms and conditions thereof,for the purposes shown below and rights incidental thereto as set forth in
a/an Permanent Easement.
Granted to:Ada County Highway District
Purpose:Placement of a public right of way;construction,reconstruction,operation,maintenance and placement of any facilities or
structures incidental to the preservation or improvement of a Highway located adjacent to this easement;or statutory rights of ACHD,
utilities and irrigation districts
Recorded:June 20,2023
Instrument No.:2023-035007,records of Ada County,Idaho.
(Affects Lots 2,39 5 and 6 in Block 1;Lots 1,2,3 and 6 in Block 2)
12.Terms and conditions contained in a/an Temporary License Agreement by and between Ada County Highway District and Smith
Brighton Inc.and SCS Investments LLC.
Recorded:June 26,2023
Instrument No.:2023-036538,records of Ada County,Idaho.
(Affects Entire Subdivision)
13.Terms and conditions contained in a/an Corrective Right-of-Way Agreement by and between SCS Investments LLC and Veolia Water
Idaho,Inc.
Recorded:June 29,2023
Instrument No.:2023-037583,records of Ada County,Idaho.
(Affects Lots 2 and 3 in Block 1;Lots 2 and 4 in Block 2)
14.An easement,including the terms and conditions thereof,for the purposes shown below and rights incidental thereto as set forth in
a/an Declaration of Access Easement.
Granted to:SCS Investments LLC and Smith Brighton Inc.
EXHIBIT B to SPECIAL WARRANTY DEED
Purpose:Pedestrian and vehicular ingress and egress,passage and traffic
Recorded:September 14,2023
Instrument No.:2023-052804,records of Ada County, Idaho.
(Affects Lots 2,3 and 4 in Block 2)
15.An easement,including the terms and conditions thereof,for the purposes shown below and rights incidental thereto as set forth in
a/an Declaration of Access Easement.
Granted to:SCS Investments LLC
Purpose:Pedestrian and vehicular ingress and egress,passage and traffic
Recorded:September 14,2023
Instrument No.:2023-052805,records of Ada County, Idaho.
(Affects Lots 2,4 and 5 in Block 2)
16.Easements,reservations,restrictions,and dedications as shown on the official plat of Pollard Subdivision No.1 recorded October 20,
2023 as instrument No.2023-059643,records of Ada County,Idaho.
17.Terms and conditions contained in a/an City of Meridian Development Surety Agreement by and between City of Meridian and Smith
Brighton,Inc.
Recorded:October 10,2023
Instrument No.:2023-057508,records of Ada County,Idaho.
18.Terms and conditions contained in a/an Central District Health Letter.
Recorded:October 20,2023
Instrument No.:2023-059644,records of Ada County,Idaho.
(Affects Entire Subdivision)
19.Terms,provisions,covenants,conditions,restrictions and easements provided in a Declaration of Covenants,Conditions and
Restrictions,but omitting any covenants,conditions or restrictions,if any,to the extent that such violates 42 USC 3604(c)or any other
ordinance,statute or regulation.
Recorded:December 5,2023
Instrument No.:2023-067815,records of Ada County,Idaho.
(Affects Entire Subdivision)
Declaration of Use Restriction.
Recorded:November 8,2024
Instrument No.:2024-063766,records of Ada County,Idaho.
20.Terms and conditions contained in a/an Declaration of Use Restrictions.
Recorded:December 5,2023
Instrument No.:2023-067816,records of Ada County,Idaho.
(Affects Lots 2,31 40 5 and 6 in Block 1;Lots 1,21 4,and 5 in Block 2)
EXHIBIT B to SPECIAL WARRANTY DEED