Simunich - Warranty & Title PolALLIANCE TITLE &"ESCROW CORP.
200 EAST CARLTON, STE. 10 - MERIDIAN, IDAHO - 83642
208-888-3150 1-877-88TITLE - FAX 208 888-6414
- INVOICE -
TO:
MARLENE
WHITE, PETERSON, PRUSS
MORROW & GIGRAY
200 E. CARLTON
SUITE 31
MERIDIAN, ID 83642
ORDER NUMBER: 00088367 JG
DATE: November 15, 2000
RE: CITY OF MERIDIAN
PROPERTY DESCRIPIION: 2405 OF NW4 SEC 1
- DESCRIPTION OF SERVICES AND CHARGES -
OWNER'S TITLE POLICY:
STANDARD COVERAGE
RATE
RECORDING FEES
$1,800.00
mm AMOUNT DUE
$200.00
$ 15.00
$215.00
Customer Copy Accounting Copy File Copy
INVOICE PAYABLE UPON RECEIPT. After thirty (30) days, invoice is subject to a 1.5% service charge each month.
PLEASE NOTE: Until such time as payment is received on this invoice, the policy/policies, if applicable, issued in connection
herewith are NOT in full force and effect. Thank You.
TICOR TITLE INSURANCE
13 4036 106 0008279
Policy of Title Insurance
American Land
Title Association
Owner's Policy
(10-17-92)
SUBJECT TO THE EXCLUSIONS FROM
COVERAGE, THE EXCEPTIONS FROM
COVERAGE CONTAINED IN SCHEDULE B
AND THE CONDITIONS AND STIPULA-
TIONS, TICOR TITLE INSURANCE COM-
PANY, 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, sustained or incurred by the
insured by reason of:
1. Title to the estate or interest described in
Schedule A being vested other than as
stated therein;
2. Any defect in or lien or encumbrance on the
title;
3. Unmarketability of the title.
4. Lack of a right of access to and from the
land.
The Company will also pay the costs,
attorneys' fees and expenses incurred in
defense of the title, as insured, but only to the
extent provided in the Conditions and
Stipulations.
This policy shall not be valid or binding until
countersigned below by an authorized signa-
tory of the Company.
Issued by:
ALLIANCE TITLE & ESCROW CORP.
200 E. CARLTON
SUITE 10
MERIDIAN, ID 83642
By
TICOR TITLE INSURANCE COMPANY
~----~'~ President
(208) 888-3150
Attest Secretary
Authori~ tory
ALTA OWNER'S POLIC (~-17-92)
Reorder Form No. 8934
Exclusions from
Coverage
The following matters are expressly excluded from the coverage of this
policy and the Company will not pay loss or damage, costs, attorneys' fees
or expenses which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not
limited to building and zoning laws, ordinances or regulations)
restricting, regulating, prohibiting or relating to (i) the occupancy, use
or enjoyment of the land; (ii) the character, dimensions or location
of any improvement now or hereafter erected on the land; (iii) a
separation in ownership or a change in the dimensions or area of
the land or any parcel of which the land is or was a part; or (iv)
environmental protection, or the effect of any violation of these laws,
ordinances or governmental regulations, except to the extent that
a notice of the enforcement thereof or a notice of a defect, lien, or
encumbrance resulting from a violation or alleged violation affecting
the land has been recorded in the public records at Date of Policy.
(b) Any governmental police power not excluded by (a) above, except
to the extent that a notice of the exercise thereof or a notice of a
defect, lien or encumbrance resulting from a violation or alleged
violation affecting the land has been recorded in the public records
at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been
recorded in the public records at Date of Policy, but not excluding from
coverage any taking which has occurred prior to Date of Policy which would
be binding on the rights of a purchaser for value without knowledge.
Conditions and
Stipulations
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company, not. recorded in the public records at Date
of Policy, but known to the insured claimant'and not disclosed in
writing to the Company by the insured claimant prior to the date the
insured claimant became an insured under this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy; or
(e) resulting in loss or damage which would not have been sustained
if the insured claimant had paid value for the estate or interest insured
by this policy.
4. Any claim, which arises out of the transaction vesting in the insured the
estate or interest insured by this policy, by reason of the operation of federal
bankruptcy, state insolvency, or similar creditors' rights laws, that is based
on;
(i) the transaction creating the esta!e or interest insured by this policy
being deemed a fraudulent conveyance or fraudulent transfer; or
(ii) the transaction creating the estate or interest insured by this policy
being deemed a preferential transfer except where the preferential
transfer results from the failure:
(a) to timely record the instrument of transfer; or
{b) of such recordation to impart notice to a purchaser for value
or a judgment or lien creditor.
1. DEFINITION OF TERMS
The following terms when used in this policy mean:
(a) "insured": the insured named in Schedule A, and, subject to any rights
or defenses the Company would have had against the named insured, those
who succeed to the interest of the named insured by operation of law as
distinguished from purchase including, but not limited to, heirs, distributees,
devisees, survivors, personal representatives, next of kin, or corporate or
fiduciary successors.
(b) "insured claimant": an insured claiming loss or damage.
(c) "knowledge" or "known": actual knowledge, not constructive knowl-
edge or notice which may be imputed to an insured by reason of the public
records as defined in this policy or any other records which impart construc-
tive notice of matters affecting the land.
(d) "land": the land described or referred to in Schedule A, or in Schedule
C if not provided for in Schedule A, and improvements affixed thereto which
by law constitute real property. The term "land" does not include any property
beyond the lines of the area described or referred to in the applicable
Schedule, nor any right, title, interest, estate or easement in abutting streets,
roads, avenues, alleys, lanes, ways or waterways, but nothing herein shall
modify or limit the extent to which a right of access to and from the land is
insured by this policy.
(e) "mortgage": mortgage, deed of trust, trust deed, or other security
instrument.
(t) "public records": records established under state statutes at Date of
Policy for the purpose of imparting constructive notice of matters relating to
real property to purchasers for value and without knowledge. With respect to
Section l(a)(iv) of the Exclusions From Coverage, "public records" shall also
include environmental protection liens filed in the records of the clerk of the
United States district court for the district in which the land is located.
(g) "~nmarketability of the title": an alleged or apparent matter affecting
the title to the land, not excluded or excepted from coverage, which would
entitle a purchaser of the estate or interest described in Schedule A to be
released from the obligation to purchase by virtue of a contractual condition
requiring the delivery of marketable title.
2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE
The coverage of this policy shall continue in force as of Date of Policy in
favor of an insured only so long as the insured retains an estate or interest in
the land, or holds an indebtedness secured by a purchase money mortgage
given by a purchaser from the insured, or only so long as the insured shall
have liability by reason of covenants of warranty made by the insured in any
transfer or conveyance of the estate or interest. This policy shall not continue
in force in favor of any purchaser from the insured of either (i) an estate or
interest in the land, or (ii) an indebtedness secured by a purchase money
mortgage given to the insured ....
3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT
The insured shall notify the Company promptly in writing (i) in case of any
litigation as set forth in Section 4(a) below, (ii) in case knowledge shall come to
an insured hereunder of any claim of title or interest which is adverse to the
title to the estate or interest, as insured, and which might cause loss or dam-
age for which the Company may be liable by virtue of this policy, or (iii) if title to
the estate or interest, as insured, is rejected as unmarketable. If prompt notice
shall not be given to the Company, then as to the insured all liability of the
Company shall terminate with regard to the matter or matters for which prompt
notice is required; provided, however, that failure to notify the Company shall
in no case prejudice the rights of any insured under this policy unless the
Company shall be prejudiced by the failure and then only to the extent of the
prejudice.
4. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF INSURED
CLAIMANT TO COOPERATE
(a) Upon written request by the insured and subject to the options con-
tained in Section 6 of these Conditions and Stipulations, the Company, at its
own cost and without unreasonable delay, shall provide for the defense of an
insured in litigation in which any third party asserts a claim adverse to the title
or interest as insured, but only as to those stated causes of action alleging a
defect, lien or encumbrance or other matter insured against by this policy. The
Company shall have the right to select counsel of its choice (subject to the
right of the insured to object for reasonable cause) to represent the insured as
to those stated causes of action and shall not be liable for and will not pay the
fees of any other counsel. The Company will not pay any fees, costs or
expenses incurred by the insured in the defense of those causes of action
which allege matters not insured against by this policy.
(b) The Company shall have the right, at its own cost, to institute and
prosecute any action or proceeding or to do any other act which in its opinion
may be necessary or desirable to establish the title to the estate or interest, as
insured, or to prevent or reduce loss or damage to the insured. The Company
may take any appropriate action under the terms of this policy, whether or not
it shall be liable hereunder, and shall not thereby concede liability or waive any
provision of this policy. If the Company shall exercise its rights under this
paragraph, it shall do so diligently.
(c) Whenever the Company shall have brought an action or interposed a
defense as required or permitted by the provisions of this policy, the Company
may pursue any litigation to final determination by a court of competent juris-
diction and expressly reserves the right, in its sole discretion, to appeal from
any adverse judgment or order.
(d) In all cases where this policy permits or requires the Company to prose-
cute or provide for the defense of any action or proceeding, the insured shall
secure to the Company the right to so prosecute or provide defense in the
action or proceeding, and all appeals therein, and permit the Company to
ase?at its option, the name of the insured for this purpose. Whenever
requested by the Company, the insured, at the Company's expense, shall give
the Company all reasonable aid (i) in any action or proceeding, securing
evidence, obtaining witnesses, prosecuting or defending the action or pro-
ceeding, or effecting settlement, and (ii) in any other lawful act which in the
opinion of the Company may be necessary or desirable to establish the title to
the estate or interest as insured. If the Company is prejudiced by the failure of
the insured to furnish the required cooperation, the Company's obligations to
the insured under the policy shall terminate, including any liability or obliga-
tion to defend, prosecute, or continue any litigation, with regard to the matter
or matters requiring such cooperation.
5. PROOF OF LOSS OR DAMAGE
In addition to and after the notices required under Section 3 of these Condi-
tions and Stipulations have been provided the Company, a proof of loss or
damage signed and sworn to by the insured claimant shall be furnished to the
Company within 90 days after the insured claimant shall ascertain the facts
giving rise to the loss or damage. The proof of loss or damage shall describe
the defect in, or lien or encumbrance on the title, or other matter insured
against by this policy which constitutes the basis of loss or damage and shall
state, to the extent possible, the basis of calculating the amount of the loss or
damage. If the Company is prejudiced by the failure of the insured claimant to
provide the required proof of loss or damage, the Company's obligations to
the insured under the policy shall terminate, including any liability or obliga-
tion to defend, prosecute, or continue any litigation, with regard to the matter
or matters requiring such proof of loss or damage.
In addition, the insured claimant may reasonably be required to submit to
examination under oath by any authorized representative of the Company
and shall produce for examination, inspection and Copying, at such reason-
able times and places as may be designated by any a~thorized rel3resentative
of the Company, a records, books, ledgers, cheC~S~ correspo'ndence and
memoranda, whether bearing a date before or afte~ Date of Policy, which
reasonably pertain to the loss or damage. Further, if requested by any autho-
rized representative of the Company, the insured claimant shall grant its
permission, in writing, for any authorized representative of the Company to
examine, inspect and copy all records, books, ledgers, checks, correspon-
dence and memoranda in the custody or control of a third party, which reason-
ably pertain to the loss or damage. All information designated as confidential
by the insured claimant provided to the Company pursuant to this Section
shall not be disclosed to others unless, in the reasonable judgment of the
Company, it is necessary in the administration of the claim. Failure of the
insured claimant to submit for examination under oath, produce other reason-
ably requested information or grant permission to secure reasonably neces-
sary information from third parties as required in this paragraph shall termi-
nate any liability of the Company under this policy as to that claim.
6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS: TERMINATION
OF LIABILITY
In case of a claim under this policy, the Company shall have the following
additional options:
(a) To Pay or Tender Payment of the Amount of Insurance.
To pay or tender payment of the amount of insurance under this policy
together with any costs, attorneys' fees and expenses incurred by the insured
claimant, which were authorized by the Company, up to the time of payment or
tender of payment and which the Company is obligated to pay.
Upon the exercise by the Company of this option, all liability and obligations
to the insured under this policy, other than to make the payment required, shall
terminate, including any liability or obligation to defend, prosecute, or con-
tinue any litigation, and the policy shall be surrendered to the Company for
cancellation.
(b) To Pay or Otherwlee Settle With Parties Other than the Insured or
With the Insured Claimant.
(i) to pay or otherwise settle with other parties for or in the name of an
insured claimant any claim insured against under this policy, together with any
costs, attorneys' fees and expenses incurred by the insured claimant which
were authorized by the Company up to the time of payment and which the
Company is obligated to pay; or
(ii) to pay or otherwise settle with the insured claimant the loss or damage
provided for under this policy, together with any ~osts, attorneys' fees and
expenses incurred by the insured claimant which were authorized by the
Company up to the time of payment and which the Company is obligated to
pay.
Upon the exercise by the Company of either of the options provided for in
paragraphs (b)(i) or (ii), the Company's obligations tothe insured under this
policy for the claimed loss or damage, other than the payments required to be
made, shall terminate, including any liability or obligation to defend, prose-
cute or continue any litigation.
7. DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE
This policy is a contract of indemnity against actual monetary loss or dam-
age sustained or incurred by the insured claimant who has suffered loss or
damage by reason of matters insured against by this policy and only to the
extent herein 'described.
(a) The liability of the Company under this policy shall not exceed the least
of:
(i) the Amount of Insurance stated in Schedule A; or,
(ii) the difference between the value of the insured estate or interest as
insured and the value of the insured estate or interest subject to the defect,
lien or encumbrance insured against by this policy.
(b) In the event the Amount o.f Insurance stated in Schedule A at the Date of
Policy is less than 80 percent of the value of the insured estate or interest or
the full consideration paid for the land, whichever is less, or if subsequent to
the Date of Policy an improvement is erected on the land which increases the
value of the insured estate or interest by at least 20 percent over the Amount of
Insurance stated in Schedule A, then this Policy is subject to the following:
(i) where no subsequent improvement has been made, as to any partial
loss, the Company shall only pay the loss pro rata in the proportion that the
amount of insurance at Date of Policy bears to the total value of the insured
estate or interest at Date of Policy; or
(ii) where a subsequent improvement has been made, as to any partial
loss, the Company shall only pay the loss pro rata in the proportion that 120
percent of the Amount of Insurance stated in Schedule A bears to the sum of
the Amount of Insurance stated in Schedule A and the amount expended for
the improvement.
The provisions of this paragraph shall not apply to costs, attorneys' fees
and expenses for which the Company is liable under this policy, and shall only
apply to that portion of any loss which exceeds, in the aggregate, 10 percent of
the Amount of Insurance stated in Schedule A.
(c) The Company will pay only those costs, attorneys' fees and expenses
incurred in accordance with Section 4 of these Conditions and Stipulations.
8. APPORTIONMENT
If the land described in applicable Schedule consists of two or more parcels
which are not used as a single site, and a loss is established affecting one
or more of the parcels but not all, the loss shall be computed and settled
on a pro rata basis as if the amount of insurance under this policy was divided
pro rata as to the value on Date of Policy of each separate parcel to the whole,
exclusive of any improvements made subsequent to Date of Policy, unless
a liability or value has otherwise been agreed upon as to each parcel by the
Company and the insured at the time of the issuance of this policy and shown
by an express statement or by an endorsement attached to this policy.
9. LIMITATION OF LIABILITY
(a) If the Company establishes the title, or removes the alleged defect, lien
or encumbrance, or cures the lack of a right of access to or from the land, or
cures the claim of unmarketability of title, all as insured, in a reasonably
diligent manner by any method, including litigation and the completion of any
appeals therefrom, it shall have fully performed its obligations with respect to
that matter and shall not be liable for any loss or damage caused thereby.
(b) In the event of any litigation, including litigation by the Company or with
the Company's consent, the Company shall have no liability for loss or dam-
age until there has been a final determination by a court of competent jurisdic-
tion, and disposition of all appeals therefrom, adverse to the title as insured.
(c) The Company shall not be liable for loss or damage to any insured for
liability voluntarily assumed by the insured in settling any claim or suit without
the prior written consent of the Company.
10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF
LIABILITY
All payments under this policy, except payments made for costs, attorneys'
fees and expenses, shall reduce the amount of the insurance oro tanto.
11. LIABILITY NONCUMULATIVE
It is expressly understood that the amount of insurance under this policy
shall be reduced by any amount the Company may pay under any policy
insuring a mortgage to which exception is taken in Schedule B or to which the
insured has agreed, assumed, or taken subject, or which is hereafter ex-
ecuted by an insured and which is a charge or lien on the estate or interest
described or referred to in Schedule A, and the amount so paid shall be
deemed a payment under this policy to the insured owner.
12. PAYMENT OF LOSS
(a) No payment shall be made without producing this policy for endorse-
ment of the payment unless the policy has been lost or destroyed, in which
case proof of loss or destruction shall be furnished to the satisfaction of the
Company.
(b) When liability and the extent of loss or damage has been definitely fixed
in accordance with these Conditions and Stipulations, the loss or damage
shall be payable within 30 days thereafter.
13. SUBROGATION UPON PAYMENT OR SETTLEMENT
(a) The Company's Right of Subrogation.
Whenever the Company shall have settled and paid a claim under this
policy, all right of subrogation shall vest in the Company unaffected by any act
of the insured claimant.
The Company shall be-subrogated to and be entitled to all rights and
remedies which the insured claimant would have had against any.person or
property in respect to the claim had this policy not been issued. If requested by
the Company, the insured claimant shall transfer to the Company all rights
and remedies against any person or property necessary in order to perfect
this right of subrogation. The insured claimant shall permit the Company to
sue, compromise or settle in the name of the insured claimant and to use the
name of the insured claimant in any transaction or litigation involving these
rights or remedies.
If a payment on account of a claim does not fully cover the loss of the
insured claimant, the Company shall be subrogated to these rights and reme-
dies in the proportion which the Company's payment bears to the whole
amount of the loss.
If loss should result from any act of the insured claimant, as stated above,
that act shall not void this policy, but the Company, in that event, shall be
required to pay only that part of any losses insured against by this policy which
shall exceed the amount, if any, lost to the Company by reason of the impair-
ment by the insured claimant of the Company's right of subrogation. (b) The Company's Rights Against Non-insured Obligors.
The Company's right of subrogation against non-insured obligors shall
exist and shall include, without limitation, the rights of the insured to indem-
nities, guaranties, other policies of insurance or bonds, notwithstanding any
terms or conditions contained in those instruments which provide for subroga-
tion rights by reason of this policy.
14. ARBITRATION
Unless prohibited by applicable law, either the Company or the insured may
demand arbitration pursuant to the Title Insurance Arbitration Rules of the
American Arbitration Association. Arbitrable matters may include, but are not
limited to, any controversy or claim between the Company and the insured
arising out of or relating to this policy, any service of the Company in connec-
tion with its issuance or the breach of a policy provision or other obligation. All
arbitrable matters when the Amount of Insurance is $1,000,000 or less shall
be arbitrated at the option of either the Company or the insured. All arbitrable
matters when the Amount of Insurance is in excess of $1,000,000 shall be
arbitrated only when agreed to by both the Company and the insured. Arbitra-
tion pursuant to this policy and under the Rules in effect on the date the
demand for arbitration is made or, at the option of the insured, the Rules in
effect at Date of Policy shall be binding upon the parties. The award may
include attorneys' fees only if the laws of the state in which the land is located
permit a court to award attorneys' fees to a prevailing party. Judgment upon
the award rendered by the Arbitrator(s) may be entered in any court having
jurisdiction ttiereof.
The law of the situs of the land shall apply to an arbitration under the Title
Insurance Arbitration Rules.
A copy of the Rules may be obtained from the Company upon request.
15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT
(a) This policy together with all endorsements, if any, attached hereto by the
Company is the entire policy and contract between the insured and the Com-
pany. In interpreting any provision of this policy, this policy shall be construed
as a whole.
(b) Any claim of loss or damage, whether or not based on negligence, and
which arises out of the status of the title to the estate or interest covered
hereby or by any action asserting such claim, shall be restricted to this policy.
(c) No amendment of or endorsement to this policy can be made except by
a Writing endorsed hereon or attached hereto signed by either the President, a
Vice President, the Secretary, an Assistant Secretary, or validating officer or
authorized signatory of the Company.
16. SEVERABILiTY
In the event any provision of the policy is held invalid or unenforceable
under applicable law, the policy shall be deemed not to include that provision
and all other provisions shall remain in full force and effect.
17. NOTICES, WHERE SENT
All notices required to be given the Company and any statement in
writing required to be furnished the Company shall include the number
of this policy and shall be addressed to the Company at Ticor Title
Insurance Company, Claims Department, P.O. Box 2233, Los Angeles,
California 99051.
Premium Amount: $
200.00
S C H E D U L E - A
Order No.: 00088367 JG Policy No.: 13 4036-106 8279
Date of Policy: NOVEMBER 06, 2000 at 4:56 P.M.
Amount of Insurance: $ 1,800.00
1. Name of Insured:
THE CITY OF MERIDIAN
2. The estate or interest in the land which is covered by this
Policy is:
FEE SIMPLE
3. Title to the estate or interest in the land is vested
in:
THE CITY OF MERIDIAN, a Municipal Corporation
4. The land referred to in this Policy is described as
follows: situate in State of IDAHO, County of ADA:
A parcel located in the Southeast Quarter of the Northwest
Quarter of Section 1, Township 3 North, Range 1 West, Boise
Meridian, Ada County, Idaho, more particularly described as
follows:
COMMENCING at a stone monument marking the Southeasterly
corner of said Southeast Quarter of the Northwest Quarter
(center one-quarter corner) from which a brass cap marking
the Southwesterly corner of said Northwest Quarter
(one-quarter corner) bears
South 89 degrees 48'20" West a distance of 2655.19 feet; thence
South 89 degrees 48'20" West along the Southerly boundary of
said Southeast Quarter of the Northwest Quarter a
distance of 663.77 feet to the POINT OF BEGINNING; thence
continuing
South 89 degrees 48'20" West a distance of 513.77 feet to a
point; thence leaving said Southerly boundary
North 0 degrees 11'40" West a distance of 56.28 feet to a point;
thence
North 60 degrees 11'17" West a distance of 174.64 feet to a
point on the Westerly boundary of said Southeast
-1-
Schedule A
Order No.:
00088367 JG
Quarter of the Northeast Quarter; thence
North 0 degrees 41'06" West along said Westerly boundary a
distance of 59.44 feet to a point; thence
leaving said Westerly boundary
South 60 degrees 11'17" East a distance of 370.02 feet
to a point; thence
North 89 degrees 48'20" East a distance of 344.94 feet
to a point; thence
South 0 degrees 38'42" East a distance of 18.00 feet to
the POINT OF BEGINNING.
END OF SCHEDULE A
-2-
Owner's Schedule A-continued
SCHEDULE B
ORDER NO.: 00088367 JG POLICY NO.:13 4036-106 8279
THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE BY REASON OF THE
FOLLOWING:
[Exceptions]
1. Rights or claims of parties in possession not shown by the
public records.
2. Encroachments, overlaps, boundary line disputes, and any other
matters which would be disclosed by an accurate survey or
inspection of the premises including, but not limited to,
insufficient or impaired access or matters contradictory to any
survey plat shown by the public records.
3. Easements, or claims of easements, not shown by the public
records.
4. 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.
o
(a) Unpatented mining claims; (b) reservations or exceptions in
patents or in Acts authorizing the issuance thereof; (c) water
rights, claims or title to water, whether or not the matters
excepted under (a), (b), or (c) are shown by the public records.
6. Taxes or special assessments which are not shown as existing
liens by the records of any taxing authority that levies taxes
or assessments on real property or by the public records.
Proceedings by a public agency which may result in taxes or
assessments, or notices of such proceedings, whether or not
shown by the records of such agency or by the public records.
7. General Taxes for the year 2000, a Lien but not yet due and
payable.
8. The Land described herein is located within the boundaries
of the CITY of MERIDIAN (888-4433) and is subject to any
Assessments levied thereby.
9. The Land described herein is located within the boundaries
of the NAMPA-MERIDIAN Irrigation District and is subject to
any Assessments levied thereby. For current status call
466-7861.
10. Rights-of-way for Ditches, Tunnels and Telephone and
Transmission Lines constructed by Authority of the United
States as granted to the United States under provision of
Section 58-604, Idaho Code 1947.
Owner's Schedule B
ATTACHED TO AND MADE A PART O~ TIC~R TITLE INSURANCE COMPANY
POLICY NO.: 13 4036-106 8279
Order No.:
00088367 JG
11. Right-of-way for FIVE MILE CREEK and the Rights of Access
thereto for Maintenance of said CREEK.
12. Easement, and the Terms and Conditions thereof:
In Favor of CITY OF MERIDIAN
Purpose SEWER EASEMENT
Recorded JANUARY 11, 1978
Instrument No. 7801820
13. Easement, and the Terms and Conditions thereof:
In Favor of CITY OF MERIDIAN
Purpose PERMANENT AND TEMPORARY SANITARY SEWER
EASEMENT AGREEMENT
Recorded MARCH 16, 1992
Instrument No. 9215420
14. Agreement, and the Terms and Conditions contained therein:
Between
and
Recorded
Instrument No.
Purpose
JOY S. FLACK AND JOE SIMUNICH
CITY OF MERIDIAN
MARCH 16, 1992
9215420
PERMANENT AND TEMPORARY SANITARY SEWER
EASEMENT AGREEMENT
15. Agreement, and the Terms and Conditions contained therein:
Between NAMPA & MERIDIAN IRRIGATION DISTRICT
and CITY OF MERIDIAN, A MUNICIPAL CORPORATION
Recorded DECEMBER 21, 1992
Instrument No. 9288367
Purpose LICENSE AGREEMENT
16. Agreement, and the Terms and Conditions contained therein:
Between JOE SIMUNICH AND KATHERINE SIMUNICH,
and
Recorded
Instrument No.
Purpose
HUSBAND AND WIFE
CITY OF MERIDIAN, A MUNICIPAL CORPORATION
AUGUST 25, 1999
99084852
RELEASE AND SETTLEMENT AGREEMENT
17. Agreement, and the Terms and Conditions contained therein:
Between JOE SIMUNICH AND KATHERINE SIMUNICH,
and
Recorded
Instrument No.
Purpose
HUSBAND AND WIFE
CITY OF MERIDIAN, A MUNICIPAL CORPORATION
AUGUST 25, 1999
99084853
RELEASE AND SETTLEMENT AGREEMENT
-2-
Owner's Schedule B
ATTACHW-D TO AND MADW. A PART OF TIC6R TITLE INSURANCE COMPANY
POLICY NO.: 13 4036-106 8279
Order No.:
00088367 JG
18. An Easement for Ingress and Egress as disclosed in Warranty
Deed Recorded October 20, 2000 as Instrument No. 100084264.
END OF SCHEDULE B
-3-
Owner's Schedule B
'C.
THIS t&kP IS FURNI~/~r.~ AS AN ACCOUI~OOAT~ON,
STRICTLY FOR THE pURPOSES OF GENERALLY
LOCATING THE LAND. ~ DOES NOT ~PRES~NT A
SURVEY 0{= THE LAND OR
REPRESENTATIONS AS TO THE SIZE, AREA OR ANY
OTt-',~R FACTS RELA~O TO THE LAND SHOWN
THEREON.
DR. ~)
CHATEAU
· AIRWOOD C
DRIVE
DRIVE
Az- ooo
Project No. CM-0100 (114)
Key No. 5729
Parcel No. 02 ID No. 5729L02
THIS INDENTURE, Made this
/ day of ~EPT.
, 2000, between JOE
AND KATHERINE SIMUNICH, husband and wife, Grantors, and THE CITY OF
MERIDIAN, a municipal corporation, 33 East Idaho Ave., Meridian, Idaho
83642, Grantee.
WITNESSETH: That the Grantors, for value received, do by these
presents, grant, bargain, sell and convey unto the Grantee, the following
described real property, situated in the County of Ada, State of Idaho, to-
wit:
A parcel located in the SE 1/4 of the NW 1/4 of Section 1,
Township 3 North, Range 1 West, Boise Meridian, Ada County,
Idaho, more particularly described as follows:
Commencing at a stone monument marking the southeasterly corner
of said SE 1/4 of the NW 1/4 (center one-quarter corner) from
which a brass cap marking the southwesterly corner of said NW 1/4
(one-quarter corner) bears S 89048'20'' W a distance of 2655.19
feet;
thence S 89048'20'' W along the southerly boundary of said SE 1/4
of the NW 1/4 a distance of 663.77 feet to the POINT OF
BEGINNING;
thence continuing S 89°48'20'' W a distance of 513.77 feet to a
point;
thence leaving said southerly boundary N 0°11'40'' W a distance of
56.28 feet to a point;
thence N 60°11'17'' W a distance of 174.64 feet to a point on the
westerly boundary of said SE 1/4 of the NE 1/4;
thence N 0°41'06'' W along said westerly boundary a distance of
59.44 feet to a point;
thence leaving said westerly boundary S 60°11'17'' E a distance of
370.02 feet to a point;
Page 1
RECORD AT THE REQUEST OF THE STATE OF IDAHO
FEE EXEMPT - I.C. 67-2301
Project No. CM-0100(ll4)
Key No.5729
Parcel No. 02 ID No. 5729L02
WARRANTY DEED
thence N 89°48'20'' E a distance of 344.94 feet to a point:
thence S 0°38'42'' E a distance of 18.00 feet to the POINT OF
BEGINNING.
This parcel contains 0.61 acres.
RESERVING TO THE GRANTORS, a 25 foot Permanent Easement for ingress
and egress at the west end of the above described parcel.
TO HAVE AND TO HOLD the said premises, with their appurtenances unto
the said Grantee, and Grantee's assigns forever. And the said Grantors do
hereby covenant to and with the said Grantee, that Grantors are the owners
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 Grantee; and subject to
reservations, restrictions, dedications, easements, right 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 the Grantors will warrant and
defend the same from all lawful claims whatsoever.
Page 2
RECORD AT THE REQUEST OF THE STATE OF IDAHO
FEE EXEMPT - I.C. 67-2301
Project No. CM-0100(ll4)
Key No.5729
Parcel No. 02 ID No. 5729L02
WARRANTY DEED
IN WITNESS WHEREOF, Grantors have hereunto set their hands and seals
the day and year first above written.
)F~s IMI~T Cg ~ - / %
~TH-~R ~ NE SIMUN
STATE OF IDahO )
) SSo
County of ~/~ )
On this [ day of S~%~T. , 2000, before me, the undersigned,
a Notary Public in and for said State, personally appeared JOE AND
KATHERINE SIMUNICH, husband and wife, known or identified to me to be the
persons whose names are subscribed to the ~oregoing instrument, and
acknowledged to me that they executed the same.
(SEAL)
Notary Public for
Residing at
My commission expires
Page 3
RECORD AT THE REQUEST OF THE STATE OF IDAHO
FEE EXEMPT - I.C. 67-2301
ADA COUNTY RECOROER
j, gAVD NAVARRO
,ZOI ONO-6 PH 56
QUITCLAIM DEED
RECORDED-REOUEST OF
t00089631
Simunich Properties Limited Partnership, an Idaho limited partnership, whose
address is 955 West Ustick Road, Meridian, Idaho 83642, hereinafter called "Grantor", does
hereby release and forever quitclaim all interest in the real estate situated in the County of
Ada, State of Idaho, unto The City of Meridian, a municipal corporation, whose address is 33
East Idaho Ave., Meridian, Idaho 83642, hereinafter called "Grantee", and to "Grantees" heirs
and assigns, all right, title and interest which Grantor now has or may hereafter acquire in the
following described real property situated in Ada County, State of Idaho, to-wit:
A parcel located in the SE 1/4 of the NvVV 1/4 of Section 1,
Township 3 North, Range 1 West, Boise Meridian, Ada County,
Idaho, more particularly described as follows:
Commencing at a stone monument marking the southeasterly
corner of said SE 1/4 of the NW 1/4 (center one-quarter corner)
from which a brass cap marking the southwesterly corner of said
NW 1/4 (one-quarter corner) bears S 89°48'20" W a distance of
2655.19 feet;
Thence S 89048'20'' W along the southerly boundary of said SE
1/4 of the NW 1/4 a distance of 663.77 feet to the POINT OF
BEGINNING;
thence continuing S 89°48'20" W a distance of 513.77 feet to a
point;
thence leaving said southerly boundary N 0°11'40" W a distance
of 56.28 feet to a point;
thence N 60°11'17" W a distance of 174.64 feet to a point on
the westerly boundary of said SE 1/4 of the NE 1/4;
thence N 0°41'06" W along said westerly boundary a distance of
59.44 feet to a point;
Thence leaving said westerly boundary S 60°11'17" E a distance
of 370.02 feet to a point;
thence N 89048'20'' E a distance of 344.94 feet to a point;
thence S 0°38'42'' E a distance of 18.00 feet to the POINT OF
BEGINNING.
This parcel contains 0.61 acres.
QUITCLAIM DEED- 1
TO HAVE AND TO HOLD, all and singular the said premises, together with
the appurtenances, unto Grantee, and to Grantee's heirs and ass,~s forever.
WITNESS the hand 'of said Grantors this /t day of /////~ t~/ ,2000.
SIMUNICH PROPERTIES LIMITED
PARTNERSHIP
//~unich Invesfmen£s, LLC, General Partner
seph Simunich, Member
STATE OF IDAHO )
:SS
County of Ada, )
On this / day of /~l/P~O~., in the year 2000, before me,
,~'t~/~,,'t ~,~'.~ 1/155 , a Notary Public, personally appeared Joseph Simunich, known or
identified to me to be a Member of Simunich Investments, LLC, an Idaho limited liability
company, the General Partner of Simunich Properties Limited Partnership, and the person
whose name is subscribed to the within instrument, and aclmowledged to me that he executed
the same in his capacity as a member of Simunich Investments, LLC, as General Partner for
Simunich Properties Limited Parmership.
z .
$ I ~OTA,~. ~ ~ Nota~ Public for Idaho
~) --e.' } ' I Commission ~ires:~
Z:XW~~lic Wor~ive ~le Pa~wayXQCDeedTwo.~d
QUITCLAIM DEED-2