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Home My WebLink About09-1433 Real Property Conveyance Exchange of Real PropertyADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 12 6018E IDAHO 02!12110 11:46 AM DEPUTY uSa Batt III IIIIIIIIIIIIIIIIIIIIIIIIIIIII I I III RECORDED-REQUEST OF i i X01 ~31'~ Maridlan City CITY OF MERIDIAN ORDINANCE NO. ~ - ~ ~4?j3 BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA AN ORDINANCE AUTHORIZING THE EXCHANGE OF CERTAIN CITY OWNED REAL PROPERTY LOCATED AT 3064 WEST MALTA DRIVE, LEGALLY DESCRIBED AS A PORTION OF LOT 04 OF BLOCK 38 OF THE LOCHSA FALLS SUBDIVISION NO 09 (AT HEROES PARK) FOR REAL PROPERTY OF EQUAL VALUE TO PROVIDE DEEDED PATHWAY ACCESS BETWEEN THE NORTHWEST BORDER OF HEROES PARK AND NORTH TEN MILE ROAD; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST ON BEHALF OF THE CITY OF MERIDIAN THE DEED AND OTHER DOCUMENTS NECESSARY TO COMPLETE THE TRANSACTION; PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to Idaho Code 50-1401, the City Council has statutory authority to sell, exchange, or convey any real property owned by the city which is underutilized or which is not used for city public purposes; and, WHEREAS, when it is determined by the City Council to be in the City's best interest that the property be offered for exchange, the City Council may, pursuant to the procedure set forth in Idaho Code Section 50-1403, exchange any city-owned real property for real property of equal value pursuant to terms which shall be a matter of public record; and, WHEREAS, on the 14~` day of July, 2009 the Meridian City Council approved Resolution No. 09-676 declaring the intent to exchange the real property and further instructed the City Clerk to establish and notice a public hearing to consider the exchange; and, WHEREAS, a public hearing was held at the regular meeting of the Meridian City Council on August 11, 2009 and at the conclusion of such hearing, the City Council moved to approve the exchange in concept, subject to certain terms and conditions, and directed staff to prepare an exchange agreement setting forth those terms and conditions. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That a public hearing on the proposed exchange was held at the August 11, 2009 Meeting of the Meridian City Council. ORDINANCE AUTHORIZING EXCHANGE OF REAL PROPERTY -Page 1 of 2 Section 2. That the City Council determined after the public hearing that the proposed exchange is in the City's best interest and that property to be exchanged is currently underutilized and should be exchanged for property of equal value. Section 3. That the City Council has reviewed and approved the Agreement for Exchange of Real Property, attached hereto and incorporated herein, and the real property exchange is expressly conditioned on the terms contained in the attached Agreement. Section 4. That the Mayor and City Clerk shall be authorized to execute and attest the exchange agreement, deed, and any other documents necessary to complete the exchange authorized by this Ordinance. Section 5. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. ~"- PASSED by the City Council of the City of Meridian, Idaho, this ~1 day of , 2009. APPROVED by the Mayor of the City of Meridian, Idaho, this ~? day of 2009. APPROVED: ~~~ 'G~(~ MAYOR ; ~ ~~~~uiiu~~u~~~ ATTEST: ~ ~~~`` M '~~,, ~ ,~~~,.•~'~ aF ~O'q ~,,~~-, ~ ~ C~' ~TF y ~~ ~ O CITY E = SEAL 9 ~~ ,~ .9O ~ T~S'~~ q ~P ORDINANCE AUTHORIZING EXCHANGE OF REAL PROPERTY -Page 2 of 2 REAL ESTATE EXCHANGE AGREEMENT THIS Agreement is entered into for the purposes stated herein, this day of October, 2009, by Followers of Christ Church ("CHURCH"), and the City of Meridian City ("CITY"), collectively referred to herein as "the parties." WHEREAS, CHURCH owns or controls certain real property located in Ada County, Idaho more particulazly described as Parcel A in Exhibit A; and, WHEREAS, CITY owns certain real property located in Ada. County, Idaho more particularly described as Parcel B in Exhibit B; and, WHEREAS, the parties desire to enter into this real property exchange agreement whereby CHURCH will convey Pazcel A to CITY in exchange for CITY conveying Pazcel B to CHURCH. WHEREAS, the laws of the State of Idaho require that the City of Meridian exchange city- owned real property for property of equal value; and, WHEREAS, Parcel A and Pazcel B aze of similaz size and utility. CITY desires to own Pazcel A to provide pedestrian access to its adjacent public pazk, and CHURCH desires to own Parcel B to add to its pazking lot on the southerly boundary of its property; and, WHEREAS, the City Council of the City of Meridian has declared that Pazcels A and B aze of equal value for purposes of this exchange agreement; and, NOW, THEREFORE, in return for good and valuable consideration, including the agreement set forth herein and the parties' proceeding to the closing of the property exchange contemplated hereby (the "Closing"), the receipt and sufficiency of such consideration being hereby acknowledged, the parties do hereby enter into this Agreement and the terms and conditions set forth below. 1. IDENTIFICATION OF EXCHANGE PARCELS. The parcel that CHURCH intends to exchange to City under the terms of this agreement is legally described as Pazcel "A" on Exhibit "A" attached hereto and incorporated herein. The pazcel that CITY intends to exchange to CHURCH under the terms of this Agreement is legally described as Pazcel "B" on Exhibit "B" attached hereto and incorporated herein. REAL ESTATE EXCHANGE AGREEMENT - 1 - 2. "AS-IS" SALE. The parcels are sold "as-is." 3. EXECUTION OF AGREEMENT. CHURCH acknowledges that this agreement will be executed by CHURCH before CITY executes the agreement and that the execution of the agreement by the CITY is contingent upon ratification of the terms and conditions of this agreement by the Meridian City Council and the Council's authorization for the Meridian City Mayor to execute this agreement on behalf of the CITY. 4. TITLE COMPANY /TITLE INSURANCE. A) The parties agree that Lawyers Title Company of the Treasure Valley shall provide any requested title policy and preliminary report of commitment. B) If desired, each Party may pay for standard coverage owner's title insurance policy on the respective properties which it receives after the exchange under the terms of this Agreement. Upon request, the Title Company will provide a preliminary Title Report as soon as possible after execution of this agreement. Any party requesting and reviewing a preliminary Title Report shall have five (5) days after receipt of the Report to object in writing to the condition of the title as set forth in the report, unless said time period is extended pursuant to this Agreement. In the event that a party makes written obj ection to the title, the other party shall have a reasonable time to cure any defects of title. In the event the other party cannot cure said defects, the obj ecting party may elect, as its sole remedy, to either (i) terminate this Agreement, (ii) cure the defects at the objecting party's expense, or (iii) proceed to closing, taking title subject to such defects. If the parties do not so object, the parties shall be deemed to have accepted the condition of the title. REAL ESTATE EXCHANGE AGREEMENT - 2 - 5. CLOSING DATE AND TITLE CONVEYANCE A) Closing shall occur on the date on which the deeds to all properties are recorded in satisfaction of the requirements of this Agreement. B) Title to the properties identified under this agreement shall be conveyed by Warranty Deed and shall be marketable and insurable with the exception of any other liens, encumbrances or defects allowed herein or otherwise approved by the receiving party. C) The deeds shall substantially conform to the sample deed set forth in Exhibit "C" attached hereto and incorporated herein. D) When CHURCH is satisfied with the state of title to the parcel that it is receiving under this agreement and is ready to proceed to Closing, CHURCH shall deliver its Deed to City with a written instruction to record the deed when City is satisfied with the state of title to the parcel that it is receiving under this agreement and is ready to proceed to closing. City shall record the deeds concurrently and shall only do so after the requirements of this clause have been met. 6. POSSESSION. The parties shall be entitled to possession of their respective properties on the day of closing. 7. DEFAULT. In the event that a party does not perform in accordance with the terms and conditions of this agreement then the other party shall have any recourse under the law to enforce this contract. 8. ATTORNEY FEES. In the event of default by either of the parties in their performance of the terms or conditions of this agreement, the defaulting party agrees to pay all attorney fees and costs incurred by the non-defaulting party and in the event of suit the prevailing party shall be entitled to its reasonable attorney fees and costs. REAL ESTATE EXCHANGE AGREEMENT - 3 - 9. CONDITION OF PROPERTY AT CLOSING/MAINTENANCE AFTER CLOSING. The parties shall maintain their respective properties until the closing in their present condition, ordinary weaz and teaz excepted. After Closing, each party shall be responsible for maintenance of the pazcels that they receive under this Agreement. 10. REPRESENTATIONSAND WARRANTIES. Each party represents and warrants to the other regarding their respective properties: A. The party has received no notice from any governmental agency that the properties are in violation of any statute, law, ordinance, rule, regulation, or deed restriction affecting the Properties. B. The parties have good, mazketable title to their respective pazcels. At the time the deeds are placed into escrow, no other party shall have any right, title, or interest in the subject property. C. There is no pending or threatened litigation or condemnation proceedings affecting the Properties and there aze no governmental assessments or local improvement district assessments on the Properties nor aze there any agreements to convey any portion of the Properties to any other party. D. Each party has disclosed to the other party the presence of all hazazdous substances or storage tanks that the disclosing party is awaze of on their respective properties. "Hazardous Substances" means any hazardous, dangerous or toxic substance (including petroleum products) as defined under federal, state and/or local law, including all regulations promulgated under such laws. REAL ESTATE EXCHANGE AGREEMENT - 4 - 11. ENTIRE AGREEMENT. This Agreement, including any addendum or exhibits, constitutes the entire Agreement between the parties, and no warranties, including any warranty of habitability, agreements or representations have been made or shall be binding upon either party unless herein set forth. 12. TIME IS OF THE ESSENCE IN THIS AGREEMENT. THIS IS A LEGALLY BINDING AGREEMENT. THE PARTIES EACH REPRESENT THAT THEY HAVE HAD THE OPPORTUNITY TO CONSULT LEGAL COUNSEL REGARDING THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THE INSTRUMENTS REFERRED TO HEREIN. 13. SURVIVAL OF TERMS: All the terms and conditions hereof and all instruments referred to herein and contemplated hereby shall survive closing and the transfer of title and shall remain in full force and effect in accordance with their terms. 14. BINDING ON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and assigns. 15. IDAHO LAW: This Agreement shall be construed and governed in accordance with the laws of the State of Idaho. 16. HEADINGS: Headings preceding the text of the several Articles and Sections hereof, and the table of contents, are solely for convenience or reference and shall not constitute a part of this Agreement or affect its meaning, construction or effect. REAL ESTATE EXCHANGE AGREEMENT - 5 - IN WITNESS WHEREOF, the parties have executed and attested this Agreement as of the date and year first above written. FOLLOWERS OF CHRIST CHURCH Cly Perry, E der FOLLOWERS OF CHRIST CHURCH J Hunter, Elder FOLLOWERS OF CHRIST CHURCH Duane Hayes, Elder THE CITY OF MERIDIAN ~' ~~.~ ~ Tammy de We MAYOR ATTEST: ~~`~ ~'`f~ ~~`\C~~y ~ ~O~q'~ ~~~~~. ~°°r~o ycee .Holman, CITY CL)rRK ~L ,, ~. 0,9 OQ, ~~~ ~ ~~. •,~ ~i/NTY ~ ,• '!!!!/lllirt n ~1~~~11` REAL ESTATE EXCHANGE AGREEMENT - 6 - STATE OF IDAHO ) ss. County of Ada ) On this day of ~ in the year ~, before me, (Y1~ ~ Q~4,p ~ rat.... personally appeared Clyde Perry, known or identified to me to be the person who executed`~'hres~ir1'°ar~trument, and acknowledged to me that he/she executed the same. ~ ~ ~' ~ ~' ~ y ~ , * ~, ~ ~ a W. . ' • f~; rrjj I Y ~ X~~r1 m .- ~ °~' e ~> =, NOTARY PUBLIC FOR IDAHO , (SEt~L) ,>-~ ~-; --y ~ ~ = Residing at: ~ Idaho ~, n , ~~ ~ ~ - My Commission expires: ~a.3 - ~ c7 4 ~ ~. ~ ,~ ~~., x n ~\.; ~a ,\,o~ STATE OF IDAHO ss. County of Ada ) On this ,~~ day of 1 l'~- in the year Ilo1'?~ before me, ~t`~,~i.Q[~.Q „~ ~ {~ ~ ~t.~personally appeared Jack Hunter, known or identified to me to be the person who executed the said instrument, and acknowledged to me the he/she executed the same. ,.4VA+~~1~~~ ~ t 141 i r ln; ry, -ee~°^' ^ ~ ~~~, ;'',: ' OTARY ~BLIC FOR IDAHO (SEAL) - `'~~ ~P;9 8 ~_ ~a v~ A°J~ 1 =: Residing at: S.Q Idaho ~. ,~ ' My Commission expires: 3 _a ~ IJ ~, c~ =--, STATE OF IDO ~ i) F`;,~~° ~"• _ ). County of Ada ) On this~~h day of ~~rJ~-r in the year ~°1 before me, ~ f k ersonally appeared Duane Hayes, known or identified to me to be the person who executed the said instrument, and acknowledged to me that he/she executed the same. OTARY LIC FOR IDAHO Residing at: Idaho My Commission expires: ~~ -~~ REAL ESTATE EXCHANGE AGREEMENT - 7 - STATE OF IDAHO ) ss. County of Ada ) On this 1~~day of ''I~a , 2003, before me, a notary public in and for said state, personally appeared Tammy de Weerd and Jaycee L. Holman known to me to be the Mayor and City Clerk of Meridian City, Idaho, who executed the within instrument, and acknowledged to me that Meridian City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. s` ••~~~~~• .. • iCA ~ •. (SEAL) : sy~?~QTr4~~,~•• • ~~, • ~e~1,,9 •~IBT,I~;%,O•• . ~' OF 1~¢'•'~ ~••....• 'P~° N Public f ~. Idaho R iding at Meridian, Idaho My commission expires: JAn ~(~ ~~ REAL ESTATE EXCHANGE AGREEMENT - 8 - EXHIBIT A Parcel "A" A parcel o~ land located in the SW1/4 of the NW1/4 of Section 26, T. 4 N., R.1 W., B.M., Ada County, Idaho, being the northerly 25 feet of a parcel of land described by Quitclaim Deed Inst No. 341397, deed records of said Ada County, being more particularly described as follows: Commencing at west 1/4 comer of said Section 26, a found 5/8 inch rebar, C.P.&F., Inst. No. 99113293, corner records of said Ada County; Thence a bearing of N 00°20'42" E, a distance of 957.99 feet, on the west boundary of said Section 26, to a found 5/8 inch rebar, being the southwest corner of SiIverleaf Subdivision No. 1, Book 93, pages 11103-11105, plat records of said Ada County, and the northwest corner of said parcel of land described by Quitclaim Deed last No. 341397; Thence a bearing of S 89°08'38" E, a distance of 25A0 feet, on the south boundary of said Silverleaf Subdivision No. 1, to a set 5/8 inch rebar on the east right-of-way boundary of North Ten Mile Road, being the TRUE POIfN`!' OF BEGINNING. Thence a bearing of S 89°08'38" E, a distance of 268.30 feet, on said south boundary of Silverleaf Subdivision No. 1, to a found 5/8 inch rebar, being the northeast corner of said parcel of land described by Quitclaim Deed Inst. No. 341397; Thence a bearing of S 00°20'25" W, a distance of 25.00 feet, on the east boundary of said parcel of land described by Quitclaim Deed Inst. No. 341397, to a set 5/8 inch rebar; Thence a bearing of N 89°08'38" W, a distance of 268.31 feet, to a set 5/8 inch rebar on said east right-of-way boundary of North Ten Mile Road; Thence a bearing of N 00°20'54" E, a distance of 25.00 feet, on said eastright-of-way boundary of North Ten Mile Road, to the POINT OF BEGINNING. Said described parcel of land contains 0.15 acres, more or less, together with and subject to easements and rights-of-way of record and/or use. ;~ Exhibit A EXHIBIT B Parcel "B" A parcel of land located in the SW1/4 of the NW1/4 of Section 26, T. 4 N., R.1 W., B.M., City of Meridian, Ada County, Idaho, being more particularly described as foIlows: Commencing at the west 1/4 corner of said Section 26, a found 5/8 inch rebar, C.P.&F., Inst. No. 99113293, corner records of said Ada County; Thence a bearing of N 00°20'42" E, a distance of 660.03 feet, on the west boundary of said Section 26, to a point, from which a found 5/$ inch rebar marking the southwest rnrner of Silverleaf Subdivision No. 1, Book 93, pages 11103-11105, plat records of said Ada County, bears N 00°20'42" E, a distance of 297.96 feet; Thence a bearing of S 89°07'59" E, a distance of 24,98 feet, to a found 5/8 inch rebar on the east right-of-way boundary of North Ten Mile Road, said rebar marking the southwest corner of a parcel of land described by deed Inst. No. 341397; Thence a bearing of S 89°07'59" E, a distance of 13.02 feet on the south boundary of said parcel of land described by deed Inst No. 341397, to a set 5/8 inch rebar on said east right of-way boundary of North Ten Mile Road, said rebar being the TRUE POINT OF BEGIlVNING. Thence a bearing of S 89°07'59" E, a distance of 255.33 feet, on said south boundary of a parcel of land described by deed Inst. No. 341397, to a found 5/8 inch rebar, being the southeast corner of said parcel of Iand described by deed Inst No. 341397; Thence a bearing of S ~°20'25" W, a distance of 20.62 feet, on the southerly extension of the east boundary of said parcel of land described by deed Inst. No. 341397, to a set 5/8 inch rebar; Thence a bearing of N 87°05'49" W, a distance of 255.57 feet, to a set 5/8 inch rebar on said east right-of-way boundary of North Ten Mile Road; Thence a bearing of N 00°20'42" E, a distance of 11.54 feet, on said east right-of-way boundary of North Ten Mile Road, to the POIlVT OF BEGINNING. v Said described parcel of land contains 0.09 acres, more or less, together with and subject to ~ easements and rights-of-way of record and/or use. Exhibit B ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 801SE IDAHO 02/12110 11:46 AM DEPUTY usa 8afl RECORDED-REauEST of III 111111111111111111111111111111 I II Meridian Ciry i i Eli i ~~~E~ RECORDING REQUESTED BYAND WHEN RECORDED RETURN TO: City Clerk City of Meridian 33 East Broadway Avenue Meridian, ID 83642 (Space Above For Recorder's Use) WARRANTY DEED For the valuable consideration, the receipt of which is hereby acknowledged, The City of Meridian, an Idaho Municipal Corporation ("Grantor"), conveys, grants and warrants to The Followers of Christ Church, ("Grantee"), whose address is 213 W 37~', Garden City Idaho, and its successors and assigns forever, the following described real property: See Exhibit "A" attached hereto and incorporated herein. SUBJECT TO any and all existing easements, rights-of--way, reservations, restrictions and encumbrances of record, to any existing tenancies, to all zoning laws and ordinances, and to any state of facts an accurate survey or inspection of the premises would show. This conveyance shall include any and all estate, right, title, interest, appurtenances, tenements, hereditaments, reversions, remainders, easements, rents, issues, profits, rights-of--way and water rights in anywise appertaining to the property herein described as well in law as in equity. The Grantor covenants to the Grantee that Grantor is the owner in fee simple. of said premises; that the premises are free from all encumbrances, excepting those as may be herein set forth, and excepting those of record, and that Grantor will warrant and defend the same from all lawful claims. WARRANTY DEED - 1 IN WITNESS WHEREOF, the Grantor has executed this instrument on this 2009. STATE OF IDAHO ) n~~' ss. County of ~ ) day of On this ~ day of ~V,Q,rr~rtrr~~2009, before me ~eSstcc` ~cne5 ~o~art,~ , 11'7 personally appeazed Tammy de Weerd and Jaycee L. Holman, known or identified to me to be the Mayor and City Clerk, respectively, of the City of Meridian, the municipal corporation that executed and attested the instrument or the person who executed and attested the instrument on behalf of said municipal corporation, and acknowledged to me that such municipal corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and yeaz in this certificate first above written. •~~~~~~ .~; ~ ~. ~ ~ , • ~ ~ ~ • ~ ,~ ' Oi •~~9 ~ OF ;9 °~~ •~r~w• r N~~ ~ tdoh~ Restd~nc, th lLvr,a lD,o~hd CX'ptr e S ,0.n ~ , a011..~ WARRANTY DEED - 2 EXHIBIT A Parcel "B" A parcel of Iand located in the SW1/4 of the NW1/4 of Section 26, T. 4 N., R.1 W., B.M., City of Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the west 1/4 comer of said Section 26, a found 5/8 inch rebaz, C.P.&F., Inst. No. 99113293, corner records of said Ada County; Thence a bearing of N 00°20'42" E, a distance of 660.03 fee>y on the west boundary of said Section 26, to a point; from which a found 5/8 inch rebaz mazking the southwest comer of SiIverleaf Subdivision No. 1, Book 93, pages 11103-11105, plat records of said Ada County, bears N 00°20'42" E, a distance of 297.9b feet; Thence a bearing of S 89°07"59" E, a distance of 24.98 feet, tv a found 5/8 inch rebaz on the east right-of-way boundary of North Ten Mile Road, said rebaz marking the southwest corner of a parcel of land described by deed Inst. No. 341397; Thence a bearing of S 89°07'59" E, a distance of 13.02 feet on the south boundary of said parcel of land described by deed Inst. No. 341397, to a set 5/8 inch rebaz on said east right of-way boundary of North Ten Mile Road, said rebaz being the TRUE POINT OF BEGINNING. Thence a bearing of S 89°07'59" E, a distance of 255.33 feet, on said south boundary of a parcel of Land described by deed Inst. No. 341397, to a found 5/8 inch rebar, being the southeast corner of said parcel of land described by deed Inst: No. 341397; Thence a bearing of S 00°20'25" W, a distance of 20.62 feet, on the southerly extension of the east boundary of said parcel of Iand described by deed Inst. No. 341397, to a set 5/8 inch rebar; Thence a bearing of N 87°05'49" W, a distance of 255.57 feet, to a set 5/$ inch rebar on said eastright-of-way boundary of North Ten Mile Road; Thence a bearing of N 00°20'42" E, a distance of 11.54 feet, an said east right-of-way boundary of North Ten Mile Road, to the POINT OF BEGINNING. Said described pazcel of Iand contains 0.09 acres, mare or Less, together with and subject to easements and rights-of-way of record and/or use. WARRANTY DEED - 3 ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 4 BOISE IDAHO 02112110 11;48 AM DEPUTY Lisa Ban RECORDED-REauEST of III IIIIIIIIIIIIIIIIIIIIIIIIIiIII II III Meridian City i i @~ i 321 RECORDING REQUESTED BYAND WHEN RECORDED RETURN TO: City Clerk City of Meridian 33 East Broadway Avenue Meridian, ID 83642 (Space Above For Recorder's Use) WARRANTY DEED For the valuable consideration, the receipt of which is hereby acknowledged, The Followers of Christ Church ("Grantor"), conveys, grants and warrants to The City of Meridian, an Idaho Municipal Corporation, ("Grantee"), whose address is 33 East Broadway, Meridian, Idaho 83642 and its successors and assigns forever, the following described real property: See Exhibit "A" attached hereto and incorporated herein. SUBJECT TO any and all existing easements, rights-of--way, reservations, restrictions and encumbrances of record, to any existing tenancies, to all zoning laws and ordinances, and to any state of facts an accurate survey or inspection of the premises would show. This conveyance shall include any and all estate, right, title, interest, appurtenances, tenements, hereditaments, reversions, remainders, easements, rents, issues, profits, rights-of--way and water rights in anywise appertaining to the property herein described as well in law as in equity. The Grantor covenants to the Grantee that Grantor is the owner in fee simple of said premises; that the premises are free from all encumbrances, excepting those as may be herein set forth, and excepting those of record, and that Grantor will warrant and defend the same from all lawful claims. WARRANTY DEED - 1 IN WITNESS WHEREOF, the Grantor has executed this instrument on this day of 2009. Cly Perry, 1 er r ~. _ 7 ~~ ack Hunter, Elder ~~ ~, Duane Hayes, Elder STATE OF IDAHO ) ss. County of ) On this da of /L 20~, before me ~ (L~~Q ,GAP/~ia ~ , personally appeared c, known or identified to me to be the person whose name is subscribe to the wi n instrument, and acknowledged to me that [he/she/they] executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year. in `this; certif cate first above written. - O Y PUBLIC FOR IDAHO - Residing at ~ _ ~~ My Commission Expires ~ - ~ 3~ ~ ~ WARRANTY DEED - 2 STATE OF IDAHO ) ss. County of ) On this `~` day of „/ 20~, before me ~~~~~~.~ ~ , personally appeared ,known or identified to me to be the person whose name is subscribed to the wi 'nstrument, and acknowledged to me that [he/she/they] executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my offic~al~se~l~ ,~ day and year in this certificate first above written. ~1z~`'~;'^~ ~~ a `J ~'-;~`.~``~•,_ . r. q2 ~ i ~ .-q r ~~ ~ NOTARY PUBLIC FOR IDAHO ~ ~ e ~ a ~~~ , d!^ O°0 O Residing at ~ ~ _,~~ ° '' ` `' a ~ ®~. ~,-a ,, My Commission Expires ~ ~~' e• ~s~'°~i~ ~ ~oaas_®\ ~°'ti °~ii.... ..0~`,. STATE OF IDAHO ) ss. County of ~ ) On this ~ day of 20~, before me ~~'7.~1Q((~2 ~~ Q~'E3~-,, personally appeared ,known or identified to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that [he/she/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. l`~~V\~tll \If~lll i111l/I 7/ ri G ;~ ~~ ~I~~'3 f~ol4sf~e r •i ~ 4ti-°t'~~~~-eP~o NOTARY LIC FOR IDAHO ` '~~`~f °°'° °F~ ~~' .. ohm Residing at S.0 v~. ' ~-~.°~ ~'~~~~~~- e ~ My Commission Expires ~~ -~J '~°~~' a ,rya o ~+ r e° ~ a WARRANTY DEED - 3 EXHIBIT "A" Parcel "A" A pazceI o~ land located in the SW1/4 of the NW1/4 of Section 26, T. 4 N., R. 2 W., B.M., Ada County, Idaho, being the northerly 25 feet of a parcel of land described by Quitclaim Deed Inst. No. 341397, deed records of said Ada County, being more particularly described as foIIows: Commencing at west 2/4 corner of said Section 26, a found 5/8 inch rebaz, C.P.BrF., Insi~ No. 99113293, corner records of said Ada County; Thence a bearing of N 00°20'42" E, a distance of 957.99 feet, an the west boundary of said Section 26, to a found 5/8 inch rebaz, being fine southwest corner of SiIverleaf Subdivision No. 1, Book 93, pages 11103-22105, plat records of said Ada County, and the northwest corner of said parcel of land described by Quitclaim Deed Inst. No. 34:1397; Thence a bearing of S 89°08'38" E, a distance of 25.00 feet, on the south boundary of said Silverleaf Subdivision No. 1, to a set 5/8 inch rebaz on the east right-af-way boundary of North Ten Mile Road, being the TRUE POINT OF BEGINNING. Thence a bearing of S 89°08'38" E, a distance of 268.30 feet, on said south boundary of Silverleaf Subdivision No. 1, to a found 5/8 inch rebaz, being the northeast corner of said parcel of land described by Quitclaim Deed Inst. No. 341397; Thence a bearing of S ~°20'25" W, a distance of 25.00 feet, on the east boundary of said parcel of land described by Quitclaim Deed Inst. No. 342397, to a set 5/8 inch rebaz; Thence a bearing of N 89°08'38" W, a distance of 268.31 feet, to a set 5 j8 inch rebaz on said east right-of-way boundary of North Ten Mile Road; Thence a bearing of N 00°20'54" E, a distance of 25.00 feet, on said east right of--way boundary of North Ten Mile Road, to the POINT OF BEGII~TNING. Said described pazcel of land contains 0.15 acres, more or less, together with and subject to easements and righ#s-of--way of record and/or use. ,~ WARRANTY DEED - 4