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Corrected Warranty Deed Kent & Mary Barney 96Oct04F- L PIONEER TITLE COMPANY OF ADA COUNTY REPRESENTING TICOR TITLE INSURANCE COMPANY Please Reply To: EF821 W. State St. ❑ Suite 500 Boise, Idaho 83702 85 South Cole Road (208) 336-6700 Boise, Idaho 83709 (208) 377-2700 7 City of Meridian 728 Meridian Street Meridian, Idaho 83642 Attn: Jack Niemann J In connection with the above numbered Escrow, we enclose the following: P-68487-9 ESCROW No. BARNEY/CITY OF MERIDIAN RE. October 18, 1984 DATE: ( ) Statement of Receipts and Disbursements ( ) Our check # in the sum of $ ( ) Deed recorded Instrument No. ( ) Deed of Trust recorded Instrument No. ( ) Note dated in the sum of $ ( X ) Title Insurance Policy No. 0 135399 ( ) Fire Insurance Policy in the amount $ (X ) Warranty Deed recorded 10/15/84 Inst. #8451239 (original) The enclosed documents are for your records regarding this transaction. Thank you for allowing us to be of service to you. It has been a pleasure!! Any other documents to which you are entitled will be forwarded as soon as they are available. Yours very truly, Pioneer Title Company Ada Coun By: I 11e Torr— 'D ..► J TICOR TITLE INSURANCE Policy of Title Insurance SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS CONTAINED IN SCHEDULE B AND THE PROVISIONS OF THE CONDITIONS AND STIPULATIONS HEREOF, TICOR TITLE INSURANCE COMPANY (a Stock Company), a California corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the amount of insurance stated in Schedule A, and costs, attorneys' fees and expenses which the Company may become obligated to pay hereunder, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested otherwise than as stated therein-, 2. Any defect in or lien or encumbrance on such title; 3. Lack of a right of access to and from the land; or 4. Unmarketability of such title. This policy shall not be valid or binding until countersigned below by a validating signatory of the Company. TICOR TITLE INSURANCE COMPANY By President Attest aa-� Secretary nr d: pioneer le Company of Ada County dd Vali ing Signatory Boise, Idaho Th 1FZQfl O -Q11 A—i— 1 an.1 Titlu AcenniaKnn r)- ­v. Pnli_ — r— a — 1o7n lam H -i 1_17_701 777= Nrl NNMIAF'i GAT. NO. NNO1045 A111tsiican Ldiiu ince r+.'�Zuwauun vwiiwb runty - iuiu TO 2328 PNTI (8-82) OWNER'S POLICY Schedule A Agent's Reference No.: P 68487 Number Amount of Insurance , Date of Policy Premium October 15, 1984 OWNERS 0 135399 $ 17,000.00 as of 3.45 pm 129.00 1. Name of Insured: City of Meridian 2. Title to the estate or interest covered by this policy at the date hereof is vested in the insured. 3. The estate or interest in the land described or referred to in this Schedule covered by this policy is Fee Simple. 4. The land referred to in this policy is located in the County of Ada State of Idaho and described as follows: Lot 9 of the Lake at Cherry Lane, according to the plat thereof, filed in Book 52 of Plats at pages 4569-4570, records of Ada County, Idaho. THIS POLICY IS VALID ONLY IF SCHEDULE B IS ATTACHED j CAT. NO. NNO0448 TO 1586 (1.83) Owners Policy or Stwidard Coverage Policy Schedule B POLICY NO. P 68487 0 135399 This policy does not insure against loss or damage by reason of the following: STANDARD EXCEPTIONS (a) Rights or claims of parties in possession not shown by the public records. (b) Easements, or claims of easements, not shown by the public records. (c) Encroachments, overlaps, boundary line disputes, or other matters which would be disclosed by an accurate survey or inspection of the premises. (d) Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. (e) Unpatented mining claims; reservations or exceptions in patents or in acts authorizing the inssuance thereof; water rights, claims or title to water. (f) Taxes or assessments which are not shown as existing liens by the public records. SPECIAL EXCEPTIONS 1. General taxes for the year 1984, which are liens, are not yet due and payable. 2. Real property taxes which may be assessed, levied and extended on any "subsequent and/or occupancy roll" with respect to improvements completed during the year which escaped assessment on the regular assessment roll. 3. Sewerage charges and special assessment powers of the City of Meridian. No special assessments now show of record. 4. Liens and assessments of the following district and the rights and powers thereof as provided by law. No delinquencies appear in the County Recorder's Office. District: Nampa Meridian Irrigation District 5. An easement containing certain terms, conditions and provisions affecting a portion of said premises and for the purposes stated herein. For: Power Line Easement In Favor of: Idaho Power Company, a corporation Recorded: August 17, 1936 Filed In: Book 15 of Miscellaneous Records at Page 30 The exact location of which is undisclosed of record. Continued CAT. NO. NNO0315 TO 1405.1 (1-83) Schedule (Continued) No. P 68487 0 135399 6. Covenants, Conditions, Restrictions and Easements as hereto attached. Dated: June 11, 1984 Executed by: Kent G. Barney and Mary R. Barney, husband and wife Recorded: June 25, 1984 Instrument No: 8431540 7. Covenants, conditions, restrictions and easements as set forth on the face of the plat and as follows: "The easements on said plat are not dedicated to the public, but the right to use said easements are hereby perpetually reserved for public utilities and for other uses as designated hereon, and no structures other than for such utility purposes are to be erected within the lines of said easements." NOTES: Building setbacks in this subdivision shall conform to the applicable Zoning Regulations of the City of Meridian. Each lot as shown hereon shall have a ten foot permanent public utility, and drainage easement. Each lot as shown hereon shall have a five foot permanent public utility, irrigation and drainage easement. All lots are hereby designated as having a permanent public utilities, drainage irrigation and public right of way easement over the outer 10 feet of each lot that is adjacent and paralell to any street that is dedicated to the use of the public. However, this shall not preclude the construction of proper hard surface driveways for access to each individual lot. On Lots 2 and 11, the residential house shall not be less than 1100 square feet. On Lots 1, 3 and 4, the residential house shall not be less than 1200 square feet. On Lots 5, 6, 7, 8 and 10, the residence house shall not be less than 1300 square feet. Lot 9 is not intended to be a residential lot and has no access from Sea Island Court. This lot is part of the Cherry Lane Golf Course. NOTE: There is no notice of record and therefore no search has been made for any unpaid assessments, charges or fees for sewer, water, garbage, irrigation and other possible utility services. END OF EXCEPTIONS +>F. 6uuaaui6u=� ssa�a�.;,, !1A I` R ✓moi _ p7 •w>It \In iZ CEC ,� C w4K5 ,M'�a7 u �9 17 1.10.1 /-Y „ /',r ^ 'b`' O Ss h '1'7 I .. su:IticKb+�i� -I�� oc >•c a i [ P►qN nvr� s x77007 •G.- � 9 ,t �S 'F Ai •� i,pQf f.iitl ti'BI Ee K�000i 7 Og00.0e JC ]Ly--_ 1,_ • p, - u. v. uo. g'6 .. ''t aSfGe4CS- 6�0K �BD `S � if B�-�:GJCd� _�S♦ -CN393-1- *`00 ►,T 68w6lt1 40 C5 DG i< f 's GZ +G .`i d� -- il.k i35 �Yi_k30153tl--kJk Af4 Cf.Ku OKn Cnt 9GC I,Pi EC. B' _-EJ-- � 3Se ,� -, r ? A 61G et_u--Lf- Ba b — tEv f0 '• � . .i, eP - ,oel •, on.i a;C .o1a ••a ,-r �wa i• a a�+ap aa. >.I. ., i1+<� _ - - g - ? Ito, aitnOa ^,w.. tV'r. Cm. M Wu aw W3,_- �sq eb Z 1Q4 •ani K .�. c1` >v.. au>[•u, ay - - - - . � - � ��. / ` Io^0'+Wu. .- .. .. .. e. :mNF : �[+. .-,IRA] h. eC''.i.. :a- CVs W. •n.sseH i�lOnO o.Y W ems •111 �vIA>Y.W Y I w.,i. Luo`i^s .p aCa� u>O.S t law G i>0 .ronu _ i' c !.r�ou>tv �._, O.sK '• .. ? _ e � _-. r - _• y _ O t' ,e Iowan. o. bw.IC W6r: C P5 u-`w�x CdaAOY tiai' >�aC 'tvemt eof i6 Dv�o,P nuC uoly D�:-''41 "syn iiitle ,.0 uv w.e0 tool l>. i . •a._ ...e .0 i.•, .a, _s .. ._ .. • ,G -� - 'I'rl o'�c^a L,evc�.•v .00i ',p, ,i. - i.v, ,c,• .,c o, •. ..-.t s_ ._ .- - - �/ ��. Ivom•vef oearw lP Pw uo.l -'.- -S31CN- -4G- _ -r G +>F. 6uuaaui6u=� ssa�a�.;,, !1A I` R ✓moi _ p7 •w>It \In iZ CEC ,� C w4K5 ,M'�a7 u �9 17 1.10.1 /-Y 888 North Cole Road / Boise, Idaho 83744 (208) 377-2700 olk2.�3.L/ ACCOMMODATION ACOA C.U. � �;�o R D EP +. .J . DA 1il _ Lr , h 1R r L �► F 1 V BO',S E ID PIONEER TITLE 00: 195 OCT 3 PM 2 �� RE0ORDcD ..'6 r "' SS E SPACE ABOVE FOR RECORDING DATA CORRECTION WARRANTY DEED � (INDIVIDUAL) V FOR VALUE RECEIVED MARY R. BARNEY AS PERSONAL REPRESENTATIVE OF THE ESTATE OF KENT G. BARNEY AND MARY R. BARNEY, A WIDOW •a GRANTOR(s) does (do) hereby GRANT, BARGAIN, SELL and CONVEY unto CITY OF MERIDIAN' GRANTEE (5j, whose current address is: 3 3 E . IDAHO AVE., , MERID IAN , IDAHO 8 3 b 42 the following described real property in ADA County, State of Idaho, more particularly described as follows, to wit: SEE EXHIBITS "A", "B" AND "C" ATTACHED HERETO AND MADE A PART HEREOF V THIS CORRECTION DEED IS GIVEN TO CORRECT ERRORS IN THE LEGAL DESCRIPTION " " ED 12--1 -- IN ADA COUNTY OF EXHIBIT A ON THAT CERTAIN WARRANTY DEED RECORD 9 95 AS INSTRUMENT NO. 95093287. TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantees), and Grantees(s) heirs and assigns forever. And the said Grantor(s) does (do) hereby covenant to and with the said Grantee(s), the Grantor(s) is/are the owner(s) in fee simple of said premises; that said premises are free from all encumbrances, EXCEPT those to which this conveyance is expressly made subject and those made, suffered or done by the Grantees); and subject to reservations, restrictions, dedications, easements, rights of way and agreements, (if any) of record, and general taxes and assessments, includes irrigation and utility assessments, (if any) for the current year, which are not yet due and payable, and that Grantor(s) will warrant and defend the same from all lawful claims •� whatsoever. Dated: OCTOBER 41 1996 �� rte, UA0 •� MARY R. BARNEY AS PERSONAL REPRE ATIVE OF 'ley R. BAUEY THE ESTATE OF KENT G. BARNEY STATE OF ID + County of ADA ss. , ■ QTS—U OCTOBER 1996 On this da of , in the year of , before me r.� DAVID E. r , a Notary Public, personally appeared *: . known or identif1 be th } whose name(s) IS subscribed to the within � instrument, and ac S he executed the sam IVIDUALL AS PERS ESEN16 IV OF THE ESTATE O * ���$ARNEY AND KNOW TO O BE THE PERSON OS S CRIBED TO THE WITHIN INSTRUMENT AS PERSONAL REPR ATATMg. OF TES Y AND S ACKNOWLEDGED TO ME THAT SHE EXECUTED TH Residing at: SAME AS SUCH PERSONAL REPRESENTATIVE. y ommission Expires: -�(1 ► I�I �% W"f(1f r/Tyl�% � W�% ',If Y" :�i'`.� iii i�� ■ n r � r��ifirtiYlYr ♦ r♦ � r n r '4i'TiiiYr� r`i''i'`.�i'r+iti�`�`Y:;iIY.:�Y. �i"�5 `CS,YY. `�`L; �r,�1 s . �n,� :rs.� .r►r, ti.ry xs�•�r SENT BY: 9-30-06 4=43PM POWER ENGRS BOISE-; 208 37631061* 2/ 3 EXHIBIT "A" - 290 North Maple Grove Road J3oiae, ID 83741 (208) 378-6380 Pax (208) 378-0425 . ' PROJECT:' 515062 ' DATE: August 1 g. 7 994 • Revised: 5eptembe 3D 1996 e /f DESCRIPTION FOR . STEENER CORPORATION GOLF COURSE'LOT 55 BLOCK 2 A PORTION OF 'THE NORTH -HALF SECTION 3 T.3 N., R 1 ul., B.M. MEMIAN, ADA COUNTY, IDAHO y A parcel of land being a porion of the Noith: HA Section 3, 7 3N , R IW., Bf.M., Meridian, Ada Couurty, Idaho and more particularly dcscribod as follows: . Beginning at a Brass cap marking the' Southwest corner of the Northeast Quaner of SWjon 3. T.3N., R 1W., B.M.r Meridian, Ada County, Idaho thencc North 69"00'04" East 265.00 feet to an iron pin; thence North 11'5 P41" Fast 207.58 feet to an iron pin (formerly North 11044'56" East 207.40 feet);' thence North 04000'14" Wc-sL 99,94 feet lo an .iron put (formerly North'03" 50'00" West 100.00 feet); theiace North 03 015'37 West 50.00 feet to an iron pin; thence North 03"59'40" West 100.11 feet to an iron.pin (formerly North 03050'0" West); thence North 86009' 17" Bast 1.70.1.4 feet to an iron pin (formerly Noiflh 96° 10'00 Ent) thence North 43°50'00" West .10,77 fors to, an iron pin; thcnoc North 641'06'36" East 76,45 feet to an iron pin; theme North 21°41'34" East 146.1.9 feet to an iron pin., said iron pia being the REAL POINT OF B G; _ thence North 74'30'42" West 63.42 feet to an iron pin; • thence North 78020'29" West ,190.05 feet to an iron pin; thence South 84°53'0.1" Wcst 590.91 feel to an iron pin; '• ' thence North 00'03O'i8" East 207.58 feet to an iron pin; thence Soukh 87'36'04" tut 55.$.21 fcct to an iron pin; thence North 81*09'02" East 82.00 feet to an iron pin; hence South 99*02'00" East 223;23 feet to an iron pin; , thence South 081014'56" West 19,7,64 feet to the point of beginning, oomprising 3.34 acres, more or ' i7....:1:,. T n ONVAAnin'w R4' jJf)Ul 'U N!,i,.• V%aaFa Tr,,, .sn Tan11n 0_AWnnu04•inr1 S BJE i' TO: All existing easements and road rights-of-way of rcoord or appearing on the above-dcwribcd parcel of land. Prepared by. Pacific Land Surveyors +lS 972 •IA 1- � , TrEMNL.CWE Jahn T. (Tom) Eddy, P.L.S. EXHIBIT "B" PACIFIC LAND SU RV L:YDRS 290 North Maple Grove Road Boise, ID 83704 (208) 378-6380 FAX (208) 378-0025 PROJECT: 515062 DATE: August 19, 1994 DESCRIPTION FOR STEINER CORPORATION GOLF COURSE LOT A PORTION OF THE NORTH -HALF SECTION 3 T.3N., RAW,, B.M. MERIDIAN, ADA COUNTY, IDAHO A parcel of land being a portion of the North -Half, Section 3, T.3N., R.1W., B.M., Meridian, Ada County, Idaho and more particularly described as follows: Beginning at a Brass cap marking the Southwest corner of the Northeast Quarter of Section 3, T.3N., R. IW., B.M., Meridian, Ada County, Idaho said brass cap being the REAL POINT OF BEGINNING; thence North 75°30'00" West 190.00 feet to an iron pin; thence North 40100'00" West 40.00 feet to an iron pin; thence South 75°59'31" West 70.00 feet to an iron pin; thence South 25°00'00" West 64.19 feet to an iron pin; thence North 89°25'06" West 354.52 feet to an iron pin; thence North 00°30'18" East 212.27 feet to an iron pin; thence North 82°30'02" East 597.53 feet to an iron pin; thence South 89°29'45" East 351.50 feet to an iron pin; thence South 11°51'41" West 198.82 feet to an iron pin; thence South 68100'00" West 265.00 feet to the point of beginning, comprising 5.12 acres, more or less. SUBJECT T4: All existing easements and road rights-of-way of record or appearing on the above-described parcel of land. Prepared by: Pacific Land Surveyors .e k f k� 7� cry r 0 [. 1 .} 7F� 1V L.� JTEIEDM: CWE John T. (Tom) Eddy, F.L.S. EXHIBIT "C" PACIFIC LAN ❑ SURVEYORS 290 North Maple Grove Road Boise, ID 83704 (208) 378-6380 FAX (208) 378-0025 PROJECT: 515062 DATE: February 7, 1995 Excess Property DESCRIPTION FOR KENT BARNEY A PORTION OF THE WEST -HALF SECTION 3 T.3N., R.1W., B.M. MERIDIAN, ADA COUNTY, IDAHO A parcel of land being a portion of the West -half, Section 3, T.3N., K IW., B.M., Meridian, Ada County, Idaho and more particularly described as follows: Beginning at a Brass cap marking the Southeast comer of the Northeast Quarter of Section 3, T.3N., R.1 W., B.M., Meridian, Ada County, Idaho thence along the Southerly boundary of said Northeast Quarter of Section 3, North 88055'29" West 2643.29 feet to a Brass cap marking the Southwest corner of the Northeast Quarter; thence leaving said Southerly boundary North 75°30'00" West 190.00 feet to a 2" iron pipe; thence North 40°00'00" West 40.00 feet to an iron pin; thence South 75°59'31" West 70.00 feet to an iron pin; thence South 25°00'00" West 64.19 feet to an iron pin; thence North 89°25'06" West 254.51 feet to a point, said point also being the REAL POINT OF BEGINNING; thence continuing North 8925'06" West 100.01 feet to a point; thence South 00°30'11" West 407.92 feet to a point; thence South 68°54'11" East 276.46 feet to a point marking a point of curve; thence along a curve to tre right 59.46 feet, said curve having a central angle of 34'04'10", a radius of 100.00 feet, tangents of 30.54 feet and a long chord of 58.59 feet bearing South 51052'06" East to a point marking a point of tangpmt; thence South 34°50'01" East 292.99 feet to a point; thence South 89048'41" East 1.47.34 feet to a point; thence North 35°00'00" West 109.03 feet to a point; thence North 51°45'00" West 580.00 feet to a point; thence North 00029'44" East 335.18 feet to the point of beginning, comprising 2.00 acres, more or less. SUBJECT T4: All existing easements and road rights-of-way of record or appearing on the above-described parcel of land. Prepared by: Pacific Land Surveyors r 9 72 } ]TE/EDM John T. (Tom) Eddy, P.L.S.