06-498 Approve Bear Creek WarrantyCITY OF MERIDIAN RESOLUTION NO. tl 0 -- -I '! 9
BY THE CITY COUNCIL:BIRD, DONNELL, ROUNTREE, WARDLE
A RESOLUTION APPROVING WARRANTY DEEDS FROM BEAR
CREEK LLC AND THE BEAR CREEK HOMEOWNERS ASSOCIATION
GRANTORS) TO THE CITY OF MERIDIAN CITY (GRANTEE) FOR LOT 29,
BLOCK 15 IN THE BEAR CREEK SUBDIVISION NO.8 FOR A PUBLIC
PEDESTRIAN PA THWAY, AUTHORIZING THE CITY CLERK TO RECORD
SAID DEEDS IN THE REAL PROPERTY RECORDS OF ADA COUNTY,
IDAHO, AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the developer ofthe Bear Creek Subdivision No.8 desires to donate
certain real property for a public path; and
WHEREAS, representatives from the Department of Parks and Recreation of the
City of Meridian have inspected the subject property and determined that the pathway as
constructed is acceptable to the City; and,
WHEREAS, the Lawyers Title Company has issued a lot block report on the
subject property demonstrating that the property is free ofliens and encumbrances.
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO:
Section 1. That the Warranty Deeds, copies of which are attached hereto
and incorporated herein by reference, be and the same are hereby approved as to both
form and content.
Section 2. That the City Clerk be, and he hereby is, authorized to record
said Warranty Deeds in the real property records of Ada County, Idaho for and on behalf
of the City of Meridian.
Section 3. That this Resolution shall be in full force and effect
immediately upon its adoption and approval.
Resolution for Approval of Warranty Deed for Bear Creek Path Page 10f2
ADOPTED by the City Council ofthe City of Meridian, Idaho this ~Cd. day
of Jan.n~ ,2006.
2 (-~APPROVED by the Mayor of the City of Meridian, Idaho, this <l - day of
V ~tn-J ,2006.
Resolution for Approval of Warranty Deed for Bear Creek Path Page 2 of2
Bear Creek LLC.
PO Box 344
Meridian, ID 83680
RE: Pathway located at Lot 29 Block 15 Bear Creek Subdivision #8
Bear Creek LLC and the Meridian city parks department have inspected and agreed that
the walk path area including fencing located at Lot 29 Block 15 of Bear Creek #8
Subdivision which is to be donated to the city of Meridian has been completed to the
satisfaction of both the City of Meridian and Bear Creek LLC. Meridian City will
construct two Bollards to be placed at the end of the walk path which will be purchased
by Bear cree~ed in the spring.
Elroy Huff ~
City Parks Represen ve
Shay Bertola ifi,/,.y ~--td--Development Re resentative
Bear Creek LLC.
Prepared by Shay Bertola
Bear Creek LLC
Project Manger
Gnmllles herein have read IIlld
Bsc:rowNo.
CORPORATE WARRANTY DEED
FOR VALUE RECEIVED
Bear Creek Subdivision Homeowners' Assodation, IDe., lID Idaho Corpoi'ation, who aeqair'ed title
as Bear Creek Homeownen Association, IDe., an Idaho Corporation .
GRANTOR(s), does(do) hereby GRANT, BARGAIN, SELL AND CONVEY unto:
Bear Creek, LLC, lID. Idaho Limited Liability Company
GRANTEES(s). whose cum:nt address is: 6223 N. DJsc:overy Wrcy, Dollie ID 83713
the following descn"bed real property in Ada County, State of Idaho.
more particulady described as follows, to wit
Lot 29 :In Bloek.15 orBEAR CREEK SUBDIVJSION NO. 8, aeeontiDgto tile oflIebJ plat ",
thereof, moo in Book 91 of Plats at Pages 10750 IIDd 10751, reeords of Ada County, IdahO.
TO HAVB AND TO HOLD the said premises, with their appu:rtemmces unto the said heirs and assigns
forever. And the said Grantor(s) does(do) hereby covenant to and with the S8illOrantee(s). that
Orantor(s) islme the owner(s} in:fee simple of said premises; that said premises are me from all
encumbrances EXCEPT those to which this conveyance is expressly made snbject and those made.
sttfferdllOr done by the Grantee(s); and snbjcct to:reservations, restrictions, dedications, easements,
rights ofway 8nd agreements, (ilany) ofrecord, and general taxes and ~ (mcludiog irrigation
and utility assessments, if any) for the cum:nt year, which are not yet due and payable, and that
Grantor(s) will warrant and defi::nd the same from aU lawful claims whatsoever.
Date: December 19,2005
Bear Creek Homeowners Association, me.
Rmma ~ President
4~~
Tessa Hester. Secretary
State of Idaho ,Ada County. ss.
On this 191h day of December. in the year of2oo5, before me the undersigned Notary Public in and for
said State, personally appeared Rmma Marton and Tessa Hester. known or identified to me to be the
President and 8ecretary. respectively, of the COIpOration that executed the instrmnent or the pemmwho
executed the instrument on behalf of said corporation, and aclcnowl~.1Y. me that such COIpOIationP,.,executedthesamc. ",,:
s~'l sco,~~~~,
I,! y~ #..
I ~.. .... (1'<, ..~
flu . J,~ ,I f ~OT Al?,.,\ \
diij : : -.- : ,S
1>., .J'. I -vBL\-..Residingat: /J~ct J-D ~<J';>>... .' ....,,-1yI .......,-
1... v
My Commission ExPires; AJo v .;J.qJ ().o J I '.'~~.;'S o.
Lawyers Title of Treasure vafley~'
crow No. PA05.2005
WARRANTY DEED
FOR VALUE RECEIVED
Bear Creek, LLC, an Idaho Limited Liability Company
GRANTOR(s), does(do) hereby GRANT, BARGAIN, SELL AND CONVEY UD1o:
the City ofMerldian, IIJ1 Idaho Municipal Corporation
GRANTEES(s), whose current address is: 33 E. Idaho, Meridian JD 83642
the following described real property in Ada County. State ofIdaho.
more particularly descn"bed as follows, to wit
Lot 29 in B]~k 15 of BEAR CREEK SUBDIVISION NO.8, according to flIe omclal plat
thereof, filed in Book 91 ofPIats at Pages 10750 and 10751, record! of Ada County, Idaho.
TO HAVE AND TO HOLD the said premises. with their ap!,ud~lIances unto the said heirs and assigns
fOnMlt. And the saidGrantOI(s) does(do) hereby covenant to and wi1h the sirld Gmntee(s). that
Grantor(s) isI~ the owner(s) in fee simple of said prem.i.ses; that said premises are free from all
encumbrances EXCEPT those to which this conveyance is expressly made subject and those made,
suffered or done by the Grantee(s); and subject to reservations, restrictions, dediCations. easemeIrts,
rights ofway and agreements, (If any) ofrecord. and general taxes and assessDient8,. (tricludingiIrlg8tio.n
and utility ~ if any) for the cn:rrent year, which are not yet due and pay8ble, and that..
Grantor(s) will wammt and defend the same from an lawful claims whatsoever.
Date: December 19,2005
State ofIdaho ,Ada County. ss.
On this 19th day of December, in the year of200S, before me the tmdersigned. No1m'y Public in.and for
said State, personally appeared Gregory B. Johnson.Jenown or identified toine.to be the meIn.bei~of1he
Iimited liability company that executed the instrument or the person who eXecuted the instrument on
behalf of said limited liability company, and acknowledged to me that such limited liability company
executed th~ same.
d ~ KRA.-L-
D~~se .
Residing at: Boise, In
My Commission Expires: 3-5-2010
Lawyers Title of Treasure Valley
DAVID ROSE
NOTARY PUBLIC
STATE OF IDAHO