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Warranty Deed The Lake@Cherry Lane Golf - Kent Barney PropertyL rPIONEER TITLE COMPANY o OF ADA COUNTY REPRESENTING TICOR TITLE INSURANCE COMPANY Please Reply To: 0821 W. State St. ❑ Suite 500 Boise, Idaho 83702 85 South Cole Road (208) 336-6700 Boise, Idaho 83709 (208) 377-2700 City of Meridian 728 Meridian Street P-68487-9 ESCROW NO. Meridian, Idaho 83642 BARNEY/CITY OF MERIDIAN RE: DATE: October 18, 1984 Attn: Jack Niemann J In connection with the above numbered Escrow, we enclose the following: ( ) Statement of Receipts and Disbursements ( ) Our check 0 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 C4Escw By: 027 Terry Rotchechnician 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 Attest C ntersig d: pioneer,:-T-�le Company of Ada County dd Vali Ing Signatory Boise, Idaho President Secretary CAT. NO. NNO1045 American Land Title Association Owners Policy - 1970 TO 2328 PNTI (8-82) Number OWNERS O' 35399 1. Name of Insured: City of Meridian Amount of Insurance Date of Potii October 15, s 17,000.00 as of 3:45 OWNER'S POLICY Schedule A Agent's Reference No.: P 68487 Premium 1984 a 129.00 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 Ad a 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 - CAT. NO. NNO0448 TO 1586 (1-83) Owners Policy or Statidard 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 r. v. LP CD ryl n ri LP CD CD It P-68487 1 GRANTEES HAVE READ AND APPROVED: ,,,j11:A�1elsctls�d"�els`els els`J ,' - t F F ! - F _ ,�ilIS��61s�ds WARRANTY DEED 8451239 FOR VALUE RECEIVED KENT G. BARNEY and MARY R. BARNEY, husband and wife, the Grantor s , do hereby grant, bargain, sell and convey unto CITY OF MERIDIAN the Grantee , whose address is 728 Meridian St., Merididan, Idaho 83642 the following described premises, to -wit: 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. Together with any water rights appurtenant thereto. TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee , its heirs and assigns forever. And the said Grantor s do hereby covenant to and with the said Grantee , that the y are the owner s in fee simple of said premises; that said premises are free from all encumbrances except reservations of record, easements of record, and general taxes for subsequent years, which are not yet due and payable; and that t hey will warrant and defend the same from all lawful claims whatsoever. Dated: October %S 1984 --- y - �/ c� KENT G. BARNEY ACKNOWLEDGMENT - Individual STATE OF IDAHO , County of ADA 'ss. On this ISday of October ,in the year of 1984 , before me the MARY A.J. BARNEY STATE OF IDAHO, COUNTY OF I hereby certify that this instrument was filed for record at the request of PIONEER TITLE CO. at ,''minutes pa t o'c k , m., this /� day of 19 r�n my office, and duly recorded in Book