HomeMy WebLinkAboutApplicationBRS99123.02
CITY OF MERIDIAN
33 East Idaho Street, Meridian, ID 8364?
Phone: (208) 888-4433
Fax: (208) 887-4813
R~c'~~~
N OV 0 3 1999
PIL-~~1~~~~ ~.
APPLICATION FOR ANNEXATION AND ZONING OR REZONE
PROPOSED NAME OF SUBDIVISION: Existing Magic View Sub.
GENERAL LOCATION: Eagle Road/Magic view
TYPE (RESIDENTIAL, INDUSTRIAL, COMMERCIAL): Office
ACRES OF LAND IN PROPOSED ANNEXATION: Ten (10 )
PRESENT LAND USE: Residential
PROPOSED LAND USE: Office
PRESENT ZONING DISTRICT: RT (County l
PROPOSED.ZONING DISTRICT: LO (City of Meridian)
APPLICANT: W. H. Moore C'om~ ~an~ PHONE: 323-197,9.
ADDRESS: P. O• Box 8204 (Boise ID 83707-2204)
ENGINEER, SURVEYOR, OR PLANNER: Billy Ray Strite PHONE: 336-8370
ADDRESS: 1087 W. River, Suite 160 Boise, ID 83702
OWNER(S) OF RECORD: W• H. Moore/Jim Boyd
ADDRESS: Harvard/Geneva Hanks
Boise, ID
ONE: 323--1919
ZZ
~-~ ~-
~ ! ~ ~- ~~ ~
.~ ~~..
_ n0d3'l.9'w
~ - -
~ 526.18'
i
I
' I I
~ ~
' I I
~ A
~~~ ,
~ _
,~
E
1
1
1
1
,,
I
I
I
I
1
__~
I
---.~`
i
I
I
I
I
I
I
~ ~~~
0
~ - ~ ,
N,
' I
i
' - -
•
I
I
el
n0d4'41.9'w_ _ _~
514.08'
I
m
~ ~
0 ~
_ w
N
I~
IE
O
n0d1'41.9'w _
51931'
I
- - I
d rn
~ ~
n 0
O
z rn
~ ~
d ~
~ A
O rn
N
~.
N
n.
W
,/~
1Ti
D
3
z
3
b
~l
~,
{
0
Z
9
R
s
3
-
.^n : - 1 r -
4
~e <~7aLr ~~~ ~`~' ~'~ ~~,
~E
t•
f
73'x;
It:~"1 G Wfi :. FC ~il~*
•
s~~'~ `
~
~~
LOCUST VIEW HEIGHTS SUB . ;
~ ~ ~ FARMLAND
.10.1.• ,.... .,..1 t• t.... •' , • .... ..•
~~ . ° ~ rn ~
tom,. ^o••c~~z ]..]!•-... n.u= :: ~ ° a°
~ ~N{ ~ .•1 .r• ~ ^u•t M..•PlN..1' O rr^ ~ "e°i.ooq or-e r D
1 • ~m ~ ~ ~ e+i aa~•s.. °• z ..o• o.' s.• c m
. ~{ {~~! .aYn'oo'..wr.' .d •N'• r .•• •" -ar n. n' m'Z7
\ °pO .• ~t~ ' or [[ ° 1,~ ~- ~ C(ir o=~ ^ or u' ao..' c D
- ~~
. - ~ 'e ^ i ~ .o•'sfoo • r I~.ra-~r~ (11 ~D'~
4' t~-, - a m
• .e : i-.1 - ~ ~ V .
• o • t-
;~.~ r.t _.~ O y
n~ o i• c
_ !r[ . a.ta'. r-loo O ~ Z
_ ~~ ,~, J\ 1 ^ o• ..' oo• [ - •].. !.' _ CD .{ail: ~ -1 Cn
i~ - yY c- ~'a~ \\; ~, a~. a• ` $o ~ ~ -~a+i.r• T-io ICI .. o ~ D ~
°. rl art .. .i ° ~ T•• a1•.or r
1'.X^o - :5i Q~ ~+ ~ •°u ihrr•. ^oo•[e'arr•.-ul.o• r W
^ •.'. 1.11. ~se~ _ r-•[ r-rv r-1z r_n_ _ r-ioz • o• o•• •rr .
'i <`o.~s ° `i,•"•, ~ ALLCN STREET 1,L To m Z
_ ]x.aa'
P. .i .t a•tC*°• ~^{l O k g Y ~ ~{ ~. O : ~~ { i-1 ^ lTS.ll' 0 m
~~~° .,..[..., r
~ a 1.. r a'
it °_ - '•ItoL r_ •' `ypa.at ~ !]..s3. r. _ _ ~_
O 0 ~n~ • ~.0.•O •. N-° T-101 T-.1 T-.O f- T [ - - - ~~
C ~ _ ~~ ~ .. ]'x111.1 [. .['_ - - ~ -.00• 1.1 .-1 ]l..x- -
- o -~ EgGLE ROAD -
M' ., ~t ~ a•\•t ~ m t F t `SEC. 17 ° s o O
.. i
°, ~ o
..•• /-~• v ~~ i.
~ o
~ S
- m a
o
w m
!. ° c
7
a o
o
Z M
O ~
_ n
~ N
fl O
[~
,fit
'C ~ `f
C~
ol : _ ~ i - - - - - _ - - P _ - - - - - - - - ~
Y . e ° o
• ~ .
~
i ~
: Z : - • : • . Z : ~ '' a : II : : X ~ Z
P D _ _ a: °• e'o 'e 'ems
< : ~ _ ~ : % ~ ~ ; ~ : : i ' - ° ~ r i y~~8ft
~i "
i
:a'
`LP
~ : o : i : X ~zY}
-~e
s
.f,
~ ~~ :k4~-- •~ :i--
+
: C IS : !{! {: + _ !~: e e ~" r:o ~~`.•_liv g:. 1 ;.3 -`, 1
~'~
7
0
C
D
D
UT
r
c
r!;;
I ,~I ~
\ t W+
II I~
1 III ~_~r ~_ +~~ ~~
II ~~-~ ~w
I! I b~, m ~
~ ,.. ; J'~~F'~ ~ '
I ~•II ' ~ \ ~~,
~I;' «,;---ref\''~ .i
I I ~
III I ~ ' +=+'~ ~' ,
I'll ~ ,\ 1_\~\ ~ '~~
I Y
n~i ,III.
'I:II ~~_
.II
111
' I
IY' C
" ~;'~ ~ I
,~. -~~; i
-3 :~I~
~.I
r~ ~~I-- ~ 0../-----------' ------
I
~,~~,I _~
,~~_
rl~
~~r,,~^~n1 i ~ I
71I
fSfSfSI
"+
~'~ra {I~ L.L
I
+I
1 ~ fi~ :_ ~I ~lil
I
ter-- ~ ~~ ~~. ~~~
L., 1 y.r"' ~ . ,
J' ''' ~~ ~
~ n \
4 F._.. F'-' i
~~i' ~ 1.
~; j I %
n~ ~ \
i. ~~ ~~
' tl ~
~ ;,,
Il~i~ ~~
_---1 I .
I. I
11 ~I
~l, .ivwaamull~
II
,11; ~ ?
~...~
li.. ~
III t
_ (~ i' ~
i ! ~[j[[
I^-Kr 1~
z LI
~' ~ ~ ~ e
~ \ 1 ~
Y -' ~ IAIh~
I I; 1
I li
~ 1 I'i .,.....
i I I I,
I' I I
~ I II ~
I L1 E I?,.
bra
-~
r~1'
_~,I ~ i~~ Fyn
Ile i H \'~
Il,i I yll
1 II II
I I I
II
I II I
I I~ I
I
VIII I ___
I I I I
I I
II I
II I I
1 ~•
I II
1 I I I __
I I
~n I
I
I
i ~
I I
I ~ ~.& yN
f
r r 4' ~~
/+ K
___~ (S t_~-~;
rj ~ :s
~.~ ".
a ~
,~.
~ ~~~ .:'
n
-~--oi .I. 1-,
~~
' ~f J "ICI
" ol,
II I
~r ~ II
====J1`-----
I -------
I
_~_~
__-____ 1
7' ~`~,`~+r
~:• " yr„ ~ ~ ~t S'- r P t w s~^a ~ y
~ ~
,~~ x „~ . 1 r:... II
•.~ ' - _
...
- o- ve ~4 ej•,~*~ f'Fi.~x1" rS~^:L h§~h.~~~itF-~_ ~~____I
~;; ' .~ ..
r , ~a M I i \, ~ I ~ 6L X11
:~°~' Iota ~; a~~ (pp{.y~ ', \ {`I . \
'..Vh ~\ f'.w~ Y~~j'. \ .- ~ i i'i - ~~I I ~ '~
I
~ ~X. is ~ \ `` ~ I {
II
~ ~ ~, ~ I _~
L
I: :i >, '`
Ir l ~I ~~ \ I\ _ c ~ ~ t J i X in ~f r -.. +i^,- {; I
IJJ~~~~.. I ~ r `i' ~ ~ 1 ~ ~ ',~.rPi ~it~-~ti.~s ~ "it 1
+/ 1 ~ \ ICI I '.~,i xc ~ F'at='~+.r~,t y,r~ .~j
I 1 I ,l'~z. r.~ .r'b a as ' 1~ ~ 1
~ ,~1 I\ I I u ~ ~ ~~.{ z~v +^c,~ sal
I \~i It .\7k~rr ~, ~ttir ~ C. ~'T 1 - II~
~ ~i 'a~i I I a~~+u~fri' Y~~ ~Cr~f'..CL~,I~ .r 1~,~
~~ ~ ~ I ~c C t,~ t S K I~ 1.;
j I I lip-'"a, ~~ `~ . ./~ a~ ai" tZ ~v ~ { ' ~
~ 4 e`
I, " - - _$`V ~1\ ( ~.y~,~" y ~,(~ rib•. j
~,~.- \II~~J,!'I ~ ~.~.:' !~„ ~ .~Y-~~fa3.,'Qt`nq~•uc:~ll~
I: ~~ ..
~_S.r-1-_~ \ y / ~ { d~'yaS~~..Tr as K+,+t y ~.~ r~{i 1
... 1~4 I -~ ~' I, .. = 3, _~ Y+~_{~~''~'a7r .~~._-,gyn.: -. ~a;',~i~
~V,pc?lc~G:l~it~;:~.~luAS~~CI~~~~~~~Gl00.JG~ t7
~~ _.
_~~ (INDIVIDUAL)
:.i
FOR VALUE RECEIVED ~ ~ ~
,1 RICHARD L. MOORS and BARBARA L. MOORS, Husband and Wife '
-- i
1 GRANTOR(S) does (do) hcrcby GRANT, BARGAIN, SELL and CONVEY unto
=_~
,~ :'^
JAMES L. BOYI), a married man and WINSTON H. MOORS, a married taan '~~
;2 „;
~~ GRANTEE(S), whose current address is; P.O. Bo:: 8204, Boise, xdaho .83707 •'"~
the following described real property in Ada '*_
more particularly described as follows, to wit: County, State of Idaho, .
'. ~,
~ _~ i
LOT 2 IN THE AMENDED MAGIC VIEW SUBDIVTSICN, ACCUr.DIP+G TO THE PLAT THEREOF, FILED ~.~
~~ IN BOOK 52 OF PLATS AT PAGES 4445 AND 4446, AND AS REFERRED TO IN THAT CERTAIN ~'"I
INSTRUMENT RECORDED UNDER N0. 8400642, ~
AND AMENDED BY AFFIDAVITS RECORDED UNDER c,~l
INSTRUMENT N0.'S 842931.1 AND 96044575, RECORDS OF ADA COUNTY, IDAHO.
~=
~~
~ ~rECORDEg• ST cF
~~A COUNTY RECORO~R ~
rte! ,, .;,
..
~ i~s9oE ~s ~~~ ~~~~ ~8 l 2~~ ~ 9
P10NEER -rrr~E
.,
~_
p~ Tax Parcel No. 85443010020 ~
~-~
~C
~~ TO HAVE AND TO HOLD the said premises, with their appunenances unto the said Grantee(s), and Grantees(s) heir and assigns ,r
~~ forever. And the said Grantor(s) does (do) hereby covenant to and with the said Grantees ,
~~ O the Grantor(s) is/arc the owner(s) in foe
simple of said premises; that said prcmiscs arc free ftvm all cacumbrances, EXCEPT those to which this conveyance is expressly made ;:='
~ subject and those made, suffered or done by the Grantee(s); snd subject to reservations, restrictions, dedications, casements, rights of ~'I
^~ way and agreements, (if any) of record, and general taxes and assessments, includes irrigation and utility assessments, (if any) for the c^I
current year, which are not vet due and payable, and that Grantor(s) will warrant and dofrnd the same from ail lawful claims ~ i
~~ whatsoever. •~
~~ Dated: ecember 14, 199
~,.
~~ rte'
,., ~% ~~~% C ..1
a ~~1~i -, ~ ~ c~ ~
^• RIC D L, OGRE AR.BARA'L~ M00 E ~~''
~? '--=
^7
~~ r
~S • _ i
~:~
~j ~;
^? STATE OF IDAHO ,~ounty of Ada ~.' ~
ss.
^S On this `~" , ~~~ a~f G1~ .ber , in the year of - 1998 , before me
~~ the undersi ned . 'S o ty public, personally appeared
RICHARD L, MOORS ~ L, p~ ~_~
^~ known or identified to me to t~~~ n~~i t~ ~~ are subscribed to the within '`' I
rY instrumont, and acknowledgcRi tat a that a '~ = I
fi -,..~Vtt pcecuted the same.
~i ~`~~ STAT OF ~.• Notary Public: '' .il- ri~~F ~.r~~ F~~ '. `~ t ~ .\- ;= ,
~~ ~ `'' __,, ,,,~eoi,' Residing at: ~ BOISE, ID ~ `~'
,;;i
_.
^~ My Commission Expires: ~- ~ - ~ ~ ` Z
_ r~~
11~1~r11~(~~17fIQ(~1~]~(1~~1d1~Y)~~ (:~l \ 1i'~.,j.~f/1 ~('~~ll~. ~- ~"t- ~ Yy" Y~;'~.•: 'I
~.U_~l_~f.4. 1~ ~i~11~:;~1~ 1_!~`~i~O~li:,?~;.,,(~_!1.(i~~.(,L7L~~ l'."i',i;,.ti~•,Y;
--_.,_;
ui,as
Z 'd i;ZSL EZE 80Z ~lNddW00 32i00W 'H "M W02id WdZ l ~ Z 6~F t-F I -r~ i
11-02-1999 d:02PM
NOU-02-1999 TUE 01:16 PP1
~~;~) - ~.s~-3
FROM W.H. MOORE COMPANY 208 323 7523
FAX N0. 33603
1~~. )AVN0~1 ~n~ER
n~l~~, i
1999 AU I B Pfl y ~ 11
CORRECTION 'DEED TO LIVING TRUST
P, O1/O1
RECORB~D-REDUEST OF ,
~,
FEE--DEPUTY '
390a2g47
T. G ~ S
Harvard D. Hanks and Geneva J. Hanks, husband and wife, the trantors,
Nercby t3raM and Convey unto Harvard D. Hanks anti Geneva J. Hanks, Trustees of the Hanks
Family Trust, a living trust created by written 'Trust Agreement of March 26, ~ 999, the
Grantees, whose current address is 2930 Magic Viow Driue, Meridian !D 8364?.;
All right, title and interest of Grantors in and tv their residential real property Located in Ada
County, Idaho, described as follows:
lot 3 of 4MENDED PLAT OF MAGIC VIEW SUBDIVISION,
according io the plat thereof filed in ®oolc 52 of Pfats at pages
a44 5 and 4446, and amended by an Affidavit recorded June ~ 3,
1964, as tnstruntent No. 8429311, official records of Ada
County, IcJaho.
THIS DEED CORRECTS THE LEGAL DESCRIPTION OF SAID LOT 3 OF MA(3lC VIEW
SUBDIVISION TO READ AS SET FORTH ABOVE. AND GRANTORS DO HEREBY CONFIRM
THAT THEIR GRANT DEED TO LIVING TRUST, RECORDED fUTARCH 26, 1999, AS
INSTRUMENT NO. 99029277, RECORDS OF ADA COUNTY, I~AMO. AS HEREBY
CORRECTED, REMAINS IN FORCE AND EFFECT.
DATED: August 18, 1999
STATE OF IDAHO 1
~ ss.
County of Ada I
.~
Harvard O. Hanks
, ,1
~ ~ 1
Geneva J. H~rfks
1
Or, this August 18. 1999, before rr-e, a Notary Public in and lot said State, personally
appeared Harvard D. Hanks and Geneva J. Hanks, known to me to be the persons who
subsrribed tYle fo-epoiru~ instrument, and acknowledged to me that they executed the same.
~I-~T~-Y
-~-
~f18ltG
Fieslding at Boise. Idat-o.
Com,nission t,tpires: March 9, iZO~
Notar Public for Idaho,
P. 2
THE F4ANK5 F'4MILY TRUST
GPANT DECD TO LIVING TRVST
AND REVOCATION OF ~RODElITV DEVOLl1'rION AC0.EEMFN7
~ALEY'S LAND
SURVEYING
915 West Jeff~n Street • Boise, Idaho 83702
(208) 385-0636
Fax (208) 385-0696
PROPERTY DESCRIPTION
Lots 2 and 3 in Amended Magic View Subdivision
November 2, 1999
A parcel of land located in the Northeast quarter of Section 17, Township 3 North, Range 1 East,
Boise Meridian, Ada County, Idaho, being all of Lots 2 and 3 in the Amended Magic View
Subdivision, according to the official plat thereof, records of Ada County, Idaho, and which
parcel is also described as follows:
Commencing at a brass cap marking the quarter comer common to Sections 16 and 17,
Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho; thence
.North 00° 22' 58" West 1,326.59' to the Northeast comer of the Southeast quarter of the
Northeast quarter of said Section 17; thence
North 89° 58' 30" West 391.41' to the Northeast comer of said Lot 2, said point being the real
point of beginning; thence
South 00° 07' 50" East 579.31 feet along the Easterly boundary of said Lot 2 to a point lying on
the centerline of Magic View Drive, being the Southeast comer of said Lot 2; thence
South 89° 37' 02" West 315.10 feet along the centerline of Magic View Drive and Southerly
boundary of said Lot 2 to a point; thence
North 83° 21' 41" West 64.86 feet along the centerline of Magic View Drive and Southerly
boundary of said Lot 2 to the Southwest comer of said Lot 2; thence
North 83° 11' 15" West 405.26 feet along the centerline of Magic View Drive and Southerly
boundary of said Lot 3 to the Southwest corner of said Lot 3; thence
North 00° 03' 08" West 526.18 feet along the Westerly boundary of said Lot 3 to the Northwest
comer of said Lot 3; thence
South 89° 58' 30" East 781.08 feet along the Northerly boundary of said Lots 2 and 3 to the
point of beginning.
o
BY~Y
r~! ~~ ~ o ~ ~~Q~
MER~IAN PUBLIC WORKS DEPT,
Compiled from data of record, not an actual field survey.
To: City of Median Planning & Zoning
200 E. Carlton, Suite 201
Meridian, Idaho 83642
From: Harvard D.Hanks
2930 East Magic View
Meridian, Idaho 83642
Re: Lot #3 in Magic View Subdivision
As owner of the referenced property, I am requesting an annexation and rezone of lot #3 in Magic View
Subdivision, from County RT to City of Meridian LO. The formal application will be submitted by BRS Architects
on behalf of Winston H. Moore. Mr. Moore has the land under contract.
Please contact me should you have any questions.
Name: ~4 ~YAro(~ /7Q h /t S
STATE OF IDAHO
COUNTY OF ADA
On this ~~J day of ®~'~~~p,//1 in the year of 1999, before me the undersigned, a Notary
Public in and for said State, personally appeared Harvard D. Hanks, known or identified to be the owner of Lot #3 of
Magic View Subdivision, and he duly acknowledged to me that he executed this instrument as owner of Lot #3 of
Magic View Subdivision.
IN WITNESS WHEREOF, I have set my hand and affixed my official seal and year in this certificate first
above written.
e,1~~~ oeuo~~'~o~,
~O~1'AR~ ~ ~ Notary public for Id o
,,.~~ //'' //,,~
~*
* ~~ ; Residing at: __1`~rZ~ (y~~LG~
= .AU B LiG
•° •.• •.•~p ~~ Commission Expires: /~-/~ -~~-~
•. 9 ••....• ~O
O°~~ ~ ~ O ~ ~ ~~ ~~~.
REAL PROPERTY PURCHASE AND SALE AGREEMENT
Date: August 31, 1999
1. AGREEMENT TO SELL. ~ubject to and in
consideration of the mutual ter and conditions
contained herein, Harvard D. Hanks and
Geneva J. Hanks, Trustees of the Hanks Family
Trust, a living trust created by written Trust
Agreement of March 26, 1999 ("Seller"), hereby
sells to Winston H. Moore ("Buyer'), and Buyer
hereby purchases from Seller, the real property
described below.
2. PROPERTY. The property that is the
subject of this /~9reement ("Property") is all of
Lot 3 in the Amended Magic View Subdivision,
according to the official plat thereof, records of
Ada County, Idaho, together with the real
property improvements thereon (including all
fencing and al( appliances other than the
refrigerator), known as 2930 Magic View Dr, in
Meridian, Idaho, together with and subject to the
real property appurtenances thereto.
2.1 EXCLUDED PROPERTY. Seller shall
remove the spa and two small trees, and shall
repair any damage caused by removal of the
spa and replace the area occupied by the trees
with soil and sod.
3. PURCHASE PRICE. Buyer agrees to pay to
Seller as the Purchase Price the -sum of
payable as follows:
3.1 EARNEST MONEY. in cash as
earnest money to be deposited with Stewart
Title of Idaho, Inc. ("Title Company") in Boise,
Idaho, by September 10, 1999, subject to the
Deposit provisions set forth below in the
Conditions Precedent paragraph. The Deposit
shall be credited against the Purchase Price at
closing.
3.2 PROMISSORY NOTE. Seller may at its
option elect to receive of the
Purchase Price in the form of a purchase
money promissory note secured by a first
position deed of trust on the Property. Seller
shall give notice of its election by December
13, 1999; if no such notice is timely given, this
option shall be deemed waived, and all of the
Purchase Price shall be paid in cash at
closing. The note shall provide for.
3.2.1 Interest rate: 8%.
3.2.2 Maturity: Three years.
3.2,3 Payments:
interest of
after closing, with
maturity of ail unpai~
3.2.4 Prepayment:
part without penalty.
Monthly principal and
beginning one month
a balloon payment at
i principal and interest.
Permitted in whole or
3.3 BALANCE. The balance of (or,
if Seller elects to receive all cash at closing,
in cash on the closing date. Any
prepayment penalties and other costs
associated with satisfaction of any existing
financing shall be paid by Seller.
4. CONDITIONS PRECEDENT, During the
period ending November 30, 1999, ("Review
Period Expiration Oate") Buyer shall determine
to its own satisfaction the feasibility of Buyer's
plans regarding the Property, and the condition
and suitability of the Property for Buyers use.
Seller authorizes Buyer to enter upon the
grounds of the Property for the purpose of
inspecting the same. Seller shall by September
22, 1999, famish to Buyer a current preliminary
title report and any existing environmental
reports or information, The parties hereto will
proceed to a closing of this transaction unless.
and only unless, by the Review Period
Expiration Date Buyer notifies Seller in writing
that the results of its review were for any reason
not satisfactory to Buyer. If any such notice is
timely given, then this Agreement shall be
deemed terminated, the deposit shall be
promptly refunded in full to buyer, and neither
party shalt thereafter be liable to the other
hereunder.
5. SELLER'S WARRANTIES. Seller warrants
that:
5,1 the Property is in conformance with ail
requirements of all jurisdictional authorities and
that Seller is the owner in fee simple of the
Property, and that as of the closing date it shall
be a separate legal parcel free and clear of all
liens, encumbrances, reservations and
restrictions, whether recorded or not, other
than the permitted exceptions to the title report
REAL PROPERTY PURCHASE AND SALE AGREEMENT -Page 1
8 d 8Z9L i=Zir 80Z J~Nb'dW00 3a00W 'H 'M WObd Wrl7 L ~ 7 FFF i _~ i _r~ ~
as set forth below and any other exceptions
approved by Buyer; and
5.2 to the best of its knowledge (i) there are
no material defects in the Property or its
improvements or structures; (ii) no conditions
in violation of applicable environmental
regulations exist on or under the Property; and
(iii) there are no present, pending or
threatened condemnation proceedings against,
or other litigation affecting, the Property.
6. EXCHANGE OPTION. Either or both of
Buyer and Seller may at their option effect the
purchase and sale of the Property through a
third party Section 1031 exchange, in which
event the other party shall coopErate to that end
and execute such documents as may be
necessary therefor, provided that the closing
.date is not delayed, that the other parry incurs
no additional expense or liability, and that the
provisions hereof survive any exchange, and in
which event the exchanging party indemnifies
the other party against all claims arising out of or
in any way connected with the other property or
its transfer, and against all costs incurred by the
other party in the course of defending against
the same.
7, TITLE AND INSURANCE. Seller sha(I at its
cost cause the Title Company to issue at closing
a standard owner's policy of title insurance in the
amount of the Purchase Price insuring title to the
Property in Buyers name subject to the following
exceptions. Title to the Property shall be
conveyed free of liens, but subject to the Title
Company's usual and customary exceptions, the
lien of property and irrigation taxes for the year
of closing, the deed of trust referred to in X3.2,
and other easements and restrictions contained
in the preliminary -title report and not
disapproved of in writing by Buyer before the
Review Period Expiration Date.
8. CLOSING -CLOSING DATE. The closing
agent shall be the Title Company, at whose
offices the closing :shall occur. The closing shall
occur on January 13, 2000.
9. CONVEYANCE. Upon the performance of
the provisions contained herein, Seller shall
execute and deliver to buyer on the closing date
a standard form Warranty Deed conveying fee
simple title to the Property to Buyer subject only
to the permitted exceptions set forth above.
10. CLOSING COSTS -PRORATION. Buyer
and Seller shall each pay one-half of the
recording fees and the closing agent's usual and
customary closing fees. Property and irrigation
taxes shall be prorated as of the closing date.
Any legal costs incurred by either party in
connection with the consummation of this
transaction shall be paid by the parry incurring
such costs.
11. ESCROW INSTRUCTIONS. The closing
agent is instructed to, in a manner consistent
with the terms hereof: receive and hold deposits
and other funds; disburse such funds in accord
with separate authorization signed by Buyer and
Seller, prepare closing statements for execution
by Buyer and Seller; receive documents, secure
their execution and acknowledgment, record
them in the proper sequence, deliver originals to
the appropriate parties, and deliver copies of all
documents signed by either party to that party.
If a dispute arises regarding any funds held by
the closing agent, such agent shall have no
obligation to resolve such dispute but shall hold
the same pending resolution of such dispute,
and may at its option bring an action in
interpfeader.
12. POSSESSION. Buyer shall be entitled to
possession of the property from and after the
closing.
12,1 RENTAL. Buyer is agreeable to renting
the Property to Seller at closing upon mutually
acceptable terms established in writing.
13. RISK OF LOSS. Seller shall be
responsible for any loss of or damage to the
Property prior to Closing, and Buyer shall
thereafter be responsible. If the Property is
damaged prior to Closing, then there shall be
deducted from the Purchase Price the amount
equal to the insurable value of the destroyed or
damaged Property].
14, BROKERAGE. J.L. Boyd ("Selling Broker')
and Meridian Real Estate ("Listing Broker') are
the brokers for this transaction.
14.1 DISCLOSURE. The parties
acknowledge that (a) Listing Broker acted as
REAL PROPERTY PURCHASE AND SALE AGREEMENT -Page 2
~ d 8Z9L BZir 80Z 1~Nb'dW00 3bOOW 'H 'M WOb~ Wd8 L ~ Z 666 t -~ l -Gt I
nonagent for Buyer, and as agent for Seller;
(b) Selling Broker acted as agent for Buyer,
and as nonagent for Seller, (c) each party has
received and had opportunity to read the Idaho
Real Estate Commission agency disclosure
brochure; (d) no parry is represented by a
broker as an agent except pursuant to
separate written agreement for agency
representation; and (e) no broker, as agent or
otherwise, is authorized to bind either buyer or
Seller to this or any other agreement except as
may be separately and expressly provided in
writing.
14.2 COMMISSION. Seller shall at closing
pay as the commission for this transaction the
amount due in accord with the listing
agreement between Seller and Listing Broker,
one-half of which shall be paid to Listing
Broker, and one-half of which shall be paid to
Selling Broker. Buyer and Seller shall
otherwise hold each other harmless from other
commission or finder's fee claims arising from
the indemnifying party's conduct or
representations.
14.3 RESPONSIBLE BROKER, Selling
Broker shall be the broker responsible for
closing within the meaning given thereto by the
Idaho Real Estate Commission rules.
14,4 COUNTERPARTS. Buyer and Seller
shall each hold one fulty execufied original of
this Agreement, and shall at the request of
either broker execute an additional original for
that broker.
15, REMEDIES -ATTORNEYS FEES. If either
parry tails to pertorm in accordance with the
terms of this Agreement, each shall be entitled
to all rights available at law or in equity. In the
event of any dispute hereunder, the prevailing
party snail be entitled to reasonable attorneys
fees.
16. ADDITIONAL ACTS. Each party agrees to
take such other actions as may measonably be
required to consummate this transaction, and to
afford each other reasonable cooperation
towards that end.
17. GOVERNING LAW. This Agreement shall
be governed by the laws of the State of Idaho.
18. TIME, SEVERABILITY. Time is of the
essence of this Agreement, and each party
hereto agrees to promptly perform such acts as
are reasonably required in connection herewith.
If any provision of this Agreement to any extent
is found by a court of competent jurisdiction to
be invalid or unenforceable, the remainder of
this agreement shall not be affected thereby.
19. NOTICES. All notices required hereunder
shall be given in writing and shall be deemed
effective (a) upon delivery, if delivered in person,
or by facsimile transmission with receipt
acknowledged by the recipient thereof; (b) one
business day after deposited for overnight
delivery with any reputable overnight courier
service; or (c) two business days. after deposited
with the US Postal Service registered or certified
mail and addressed to the parties at the
addresses set forth below.
20, ENTIRE AGREEMENT. This Agreement
constitutes the entire agreement between the
parties, has been entered into in reliance solely
on the contents hereof, and shall not be
modified except in writing signed by both parties.
This Agreement supersedes any previous
agreements, written or oral, between the parties
hereto,
21. BINDING EFFECT - SURVIVAL. This
Agreement shall be binding upon the heirs,
administrators, executors, successors and
assigns of the parties .hereto and shall survn~e
the closing of this transaction.
22. ASSIGNMENT. Neither party may assign
its interest herein without the prior written
consent of the ether.
23. RECORDING, Neither parry shall record
this Agreement or the terms hereof without the
others express prior written consent.
24. OFFi=R EXPIRES. This Agreement and
Buyer's execution hereof shall be deemed null
and void if by September 10, 1999, Buyer has
not received an original of this Agreement
executed by. Seller.
REAL PROPERTY PURCHASE AND SALE AGREEMENT -Page 3
9
~ ~
this Agreement on behalf of said parties, and
Z5. AUTHORITY. The individuals signing that such execution is binding upon said parties
below on behalf of the respective parties hereto without further action or ratification.
warrant that they are duly authorized to execute
c.J ~ ~ ~"7~+•~
~~- ~ ~~
,~-
i H. Moore Harvard D. Hanks, Trustee
PO Box 8204
Boise ID 83707
Geneva J. Hanks, rustee
2930 Magic Vew Dr
Meridian ID 83642
REAL PROPERTY PURCHASE AND SALE AGREEMENT -Page 4
OCT-26-1999 10.46 ~ ARCHITECTS 208 336 8380 P.02i02
AFFIDAVIT OF LEGAL INTEREST
STA7E Op IDAHQ ~
ss
COUNTY OF ADA )
1. W. H. Moore Company n. O. Sox 8204
(name) (address}
Boise
(city)
Idaho being first duly sworn upon
oath, depose and say:
(state)
1. That I am the record owner of the property described on the attached, and I
grant my permission. to
I3R5 Architects 1087 W. River, Suite 160 Boise
(name) (address) 2
to submit the accompanying application pertaining to that property.
2. (agree to indemnify, defend and hold Meridian and it's employees harmless
from any claim or liability resulting from any dispute as tv the statements
contained herein or as to the ownership of the property which is the subject of
the apptication.
Dated this ~~ day of 1
v ~ 9~_
SUBSCRIBED AND SWORN to before me the day and year first above written.
.•`•~ OL ANN ~''•.
',• s4 ~~~NN~~~~f1~,
* 140Tq~ RCN
= : ~•~ ~
•
A
:;~ '.. ~B L I G ~~: ~.
~•., 9 j~ • • • . . . . • • '~O ~ ~ o`er
Notary Public f Idaho
Residing at ~~, (~'I~CC-c:)
My Commission Expires:
TOTAL P.02
C
AFFIDAVIT OF LEGAL INTEREST
5TA-TE OF IDAHO )
ss
COUNTY OF ADA )
[. J. L. Boyd ~ P. 0. Box 8105
.-
(n8m@) (address)
BO~.ae
Sdaho
boinC first duly swo-n upon
oath, dopose and say:
(City) (Slat®) ,
1. That I am the record owner of the property described on the attached, and I
grant my pormisslon. to
eRS Architects 1097 w. River, Suite 160 Boise
(name) (address) 2
to aubmlt th® accompanying appltcation pertaining to Lhat property.
2. 1 spree to Indemnify, defend and hold Meridian and it's ernplayees harmless
from arty claim or llabiliry resulting from any dispute as to the statements
contained herein or as to the ownership of the property which is the subj®ct of
the application.
V _ ~~ C`
Dstsd thin ~ day of C~I.o , t 9
,.•;,_?~~ AND SWORN to before me the day and year first above wr[tten.
%.
w v ~~
... 7^^ • roi ~ ~ '~
V - r
`, _ ~ ,~.r ~ Notary Publ[c for Idaho
~• - :~Ur ~ R~`~• Residing at Bd(S~° ~~At`!'U
~' n.•
My Commission Expires:
q/o2l/ oZ.DCrD
s vuCU 7Aa