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03_Warranty Deed Police Dept 1401 WatertowerTransnation TO: City of Meridian 33 E. Idaho Avenue Meridian ID 83642 FWBIVED J U N - 9 2000 CITY OF MERIDIAN DATE: 05/24/00 ESCROW NO.: T99-67458 BORROWER: City of Meridian ADDRESS: 0000 S. Locust Grove In connection with the above transaction, we enclose the following: ( ) Title Insurance Policy ( ) Original Warranty Deed Thank you for this opportunity to serve you. If we may be of any further assistance, please do not hesitate to contact our office. Cordially, TRANSNATION TITLE & ESCROW, INC. By AHK,/t&- n (A LIZ Amt Gunning Escrow Officer Enclosures The Grantees herein have read and approved the following: 5 Zf-00 Title File No.: T99-67458 4(,y CORPORATE WARRANTY DEED FOR VALUE RECEIVED, Ho%vell-Murdoch Development Corporation, an Idaho Corporation a corporation organized and existing under the laws of the State of Idaho, with its principal office at 1087 W. River St. #250, Boise ID 83702 of County of Ada , State of Idaho, GRANTOR(s), does(do) hereby GRANT, BARGAIN, SELL and CONVEY unto City of Meridian GRANTEES(s), whose current address is: 33 E. Idaho Avenue , Meridian ID 83642 the following described real property in Ada County, State of Idaho, more particularly described as follows, to wit: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. RECORDED- REQUEST OF ADA COUNTY RECORDER J. DAV1D NAVARRO 0� FEE DEPUTY 2000MY24 P114: 5 5 100040285 TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee(s), and Grantee(s) heirs and assigns forever. And the said Grantor(s) does(do) hereby covenant to and with the said Grantee(s), that 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 Grantee(s); and subject to reservations, restrictions, dedications, easements, rights of way and agreements,(if any) of record, and general taxes and assessments, (including 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. The officers who sign this deed hereby certify that this deed and the transfer represented thereby was duly authorized under a resolution duly adopted by the board of directors of the Grantor at a lawful meeting duly held and attended by a quorum. In witness whereof, the Grantor has caused its corporate name to be hereunto affixed by its duly authorized officers this 23rd day of May , in the year of 2000. Howell -Murdoch Devel. Co p. B� ' tf President Attest: Secretary STATE 0 p0hoo , County of Ada ss. On this 23rd day of May in the year of 2000, before me, the undersigned, a Notary Public in and *, -;A a+-+e . e­. 11- ­­4 ire.,;., u,, 11 EXHIBIT "A" A parcel of land located in the North 1/2 of the Southeast 1/4 of the Northeast 1/4 of Section 18, Township 3 North, Range 1 East, of the Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the Northeast corner of said Section 18, said corner being common to Sections 7,8,17 and 18 of said Township and Range; thence South 00031115" West a distance of 1,991.18 feet along the Easterly line of the Northeast 1/4 of said Section 18 to a point on the Southerly line of the North 1/2 of the Southeast 1/4 of the Northeast 1/4 of said Section 18; thence South 89036101" West 316.37 feet along said Southerly line to the TRUE POINT OF BEGINNING; thence South 89036101" West a distance of 1,009.82 feet along said Southerly line to the Southwest corner of the North 1/2 of the Southeast 1/4 of the Northeast 1/4 of said Section 18; thence North 00029135" East a distance of 431.91 feet along the Westerly line of said North 1/2 of the Southeast 1/4 of the Northeast 1/4 of said Section 18; thence leaving said Westerly line, North 89039140" East a distance of 1,010.01 feet; thence South 00031115" West a distance of 430.84 feet and parallel with the Easterly line of the North 1/2 of the Southeast 1/4 of the Northeast 1/4 of said Section 18 to the POINT OF BEGINNING, said point being on the Southerly line of the North 1/2 of the Southeast 1/4 of the Northeast 1/4 of said Section 18. Transnation TO: City of Meridian 33 E. Idaho Avenue Meridian ID 83642 J?BcEjvt� J to N 5 2000 CITY op DATE: 06/14/00 ESCROW NO.: T99-67458 BORROWER: City of Meridian ADDRESS: 0000 S. Locust Grove In connection with the above transaction, we enclose the following: (X ) Title Insurance Policy ( ) Original Warranty Deed Thank you for this opportunity to serve you. If we may be of any further assistance, please do not hesitate to contact our office. Cordially, TRANSNATION TITLE Y&SCROW, INC. By: z� Amy G n in Escrow Of icer Enclosures ISSUED BY TRANSNATION TITLE INSURANCE COMPANY OWNER'S POLICY OF TITLE INSURANCE ApTransnation A LANDAMERICA COMPANY SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, TRANSNATION TITLE INSURANCE COMPANY, an Arizona 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. IN WITNESS WHEREOF, TRANSNATION TITLE INSURANCE COMPANY has caused its corporate name and seal to be hereunto affixed by its duly authorized officers, the Policy to become valid when countersigned by an authorized officer or agent of the Company. TRANSNATION TITLE INSURANCE COMPANY Attest: t,u e U)_ZBy: Secretary 411ZOVA President 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 improve- ment 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 affect of any violation of these laws, ordinances or governmental regula- tions, 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. 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: (a) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (b) 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: (i) to timely record the instrument of transfer; or (ii) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. NM PA10 ALTA Owner's Policy (10-17-92) Face Page Form 1190-56 ORIGINAL Valid Only If Schedules A and B and Cover Are Attached CONDITIONS AND STIPULATIONS 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 knowledge 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 constructive notice of matters affecting the land. (d) "land": the land described or referred to 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 Schedule A, 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. (f) "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) "unmarketability 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, 00 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 damage 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 contained 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 jurisdiction 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 prosecute 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 use, 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 proceeding, 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 obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation. S. PROOF OF LOSS OR DAMAGE. In addition to and after the notices required under Section 3 of these Conditions 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 obligation 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 reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Policy, which reasonably pertain to the loss or damage. Further, if requested by any authorized 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, correspondence and memoranda in the custody or control of a third party, which reasonably 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 judgement 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 reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in this paragraph shall terminate 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 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 paymant or tender of payment and which the Company is obliga- ted 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 continue any litigation, and the policy shall he surrendered to the Company for cancellation. (b) To Pay or Otherwise 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 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 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. Upon the exercise by the Company of either of the options provided for in paragraphs (b)(i) or (ii), the Company's obligations to the 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, prosecute orcontinueany litigation. B 1190-56 Conditions and Stipulations Continued Inside Cover A31-199641 POLICY OF TITLE INSURANCE SCHEDULE A Amount of Insurance: $805,860.00 Date of Policy: May 24, 2000 at 4:55 p.m. 1. Name of Insured: CITY OF MERIDIAN Issued with Policy No.. Policy No.: A37-199647 File No.: T99-6.7458 2. The estate or interest in the land described herein and which is covered by this policy is fee simple and is at date of policy vested in: CITY OF MERIDIAN 3. The land referred to in this policy is described in the said instrument, is situated in the County of Ada, State of Idaho, and is identified as follows: SEE EXHIBIT "A" ATTACHED (Continued) Countersigned: Authori d Officer o Agent Kathy Sturm This Policy Is Valid Only If Schedule B is Attached American Land Title Association Owner's Policy - 1970 - Form B (Rev. 10-17-70 and 10-17-84) Schedule A sak File No.: T99-67458 LEGAL DESCRIPTION (continued) SCHEDULE A (continued) EXHIBIT "A" Policy No.: A37-199647 A parcel of land located in the North 1/2 of the Southeast 1/4 of the Northeast 1/4 of Section 18, Township 3 North, Range 1 East, of the Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the Northeast corner of said Section 18, said corner being common to Sections 7,8,17 and 18 of said Township and Range; thence South 00031115" West a distance of 1,991.18 feet along the Easterly line of the Northeast 1/4 of said Section 18 to a point on the Southerly line of the North 1/2 of the Southeast 1/4 of the Northeast 1/4 of said Section 18; thence South 89036101" West 316.37 feet along said Southerly line to the TRUE POINT OF BEGINNING; thence South 89036101" West a distance of 1,009.82 feet along said Southerly line to the Southwest corner of the North 1/2 of the Southeast 1/4 of the Northeast 1/4 of said Section 18; thence North 00029135" East a distance of 431.91 feet along the Westerly line of said North 1/2 of the Southeast 1/4 of the Northeast 1/4 of said Section 18; thence leaving said Westerly line, North 89039140" East a distance of 1,010.01 feet; thence South 00031115" West a distance of 430.84 feet and parallel with the Easterly line of the North 1/2 of the Southeast 1/4 of the Northeast 1/4 of said Section 18 to the POINT OF BEGINNING, said point being on the Southerly line of the North 1/2 of the Southeast 1/4 of the Northeast 1/4 of said Section 18. File No.: T99-67458 SCHEDULE B (continued) EXCEPTIONS (continued) Policy No.: A37-199647 10. Liens and assessments of the NAMPA MERIDIAN IRRIGATION DISTRICT, and the rights, powers, and easements of said district as by law provided. 11. Rights and claims in and to that portion of said premises lying within the Hunter Lateral right of way. 12. An easement for right of way together with rights of ingress and egress for an irrigation ditch and incidental purposes in favor of NAMPA a MERIDIAN IRRIGATION DISTRICT, recorded April 8, 1921, as Instrument No. 93291, of Official Records. 13. Matters disclosed by Record of Survey No. 4217 recorded April 3, 1998, as Instrument No. 98030961, of Official Records. 14. Terms, conditions, provisions and obligations set forth in that certain Resolution between HOWELL-MURDOCH DEVELOPMENT CORPORATION and CITY OF MERIDIAN, recorded April 13, 2000, as Instrument No. 100028042, of Official Records. J-U-B ENGINEERS, Inc. 250 S. Beechwood Avenue Suite 201 Boise, Idaho 83709-0944 Telephone: 208/3 76-73 30 FAX: 208/323-9336 TO: Will Berg City of Meridian 33 East Idaho Street Meridian, ID 83642 GENTLEMEN: We are sending you the following items: ® ATTACHED ❑ SHOP DRAWINGS ❑ PRINTS ❑ COPY OF LETTER ❑ COMPUTER DISK LETTER OF TRANSMITTAL DATE: 2/11/02 1 Project No. 11643-060 PROJECT NAME: Murdoch Subdivision No. 2 PROJECT MANAGER: Gary A. Lee, P.E./L.S. SUBJECT: Lot 8 Block 2 Quit Claim Deed RECEIVED FEB 12 2002 City of Meridian ❑ UNDER SEPARATE COVER via City Clerk Offiec. ❑ REPRODUCIBLES ❑ SPECIFICATIONS ❑ CHANGE ORDER Z. Deed COPIES I DATE or No. I DESCRIPTION 1 1 1 2-8-2002 1 Recorded Quit Claim Deed for Lot 8, Block 2, Inst. # 102016947 1 THESE ARE TRANSMITTED AS CHECKED BELOW: ❑ FOR APPROVAL ❑ AS REQUESTED ® FOR YOUR USE ❑ FOR REVIEW AND COMMENT ❑ FOR BIDS DUE REMARKS: ❑ FOR SIGNATURE ❑ RETURNED FOR CORRECTIONS ❑ PRINTS RETURNED AFTER LOAN TO US Will: We have recorded a quit claim deed for Lot 8, Block 2 (the City's property) to the City at the request of the Ada County Assessor. Reason being, the deed which the City received the property did not quit match the recorded plat do to some differences in the surveyed position of the property pins (the difference is about 3" along the east boundary of your lot - in your favor). If you have any questions, please call. Thanks. IF ENCLOSURES ARE NOT AS NOTED, KINDLY NOTIFY US AT ONCE. NG71ERS, Inc COPY FOR Kevin Howell Howell -Murdoch Corp. SIGNED: Gary A. Lee, P.E./L.S., Project Manager RECEIVED BY: DATE: PLEASE SIGN. DATE. AND RETURN COPY TO J-U-B ADA CUUt4TY RECORDER J. f,;AMA RR0 2002 FE I I P; 2: 4 8 CORPORATE QUITCLAIM DEED � RECORDED -REQUEST Or' FED_,---OEPU1' 102016947 GRANTOR: Howell -Murdoch Development Corp. GRANTEE: City of Meridian GRANTEE'S ADDRESS: 33 East Idaho Av., Meridian, Idaho 83642 For good and valuable consideration the receipt of which is hereby acknowledged Grantor does hereby convey, release, remise and forever quitclaim unto Grantee that real property, together with appurtenances thereto located in Ada County, State of Idaho legally described as follows: Lot 8 of Block 2 of the Murdoch Subdivision No. 2 as shown on the official plat thereof in Book 83 of Plats at page 9158, Ada County, Idaho. DATED This 8 day of February, 2002. Howell -Murdoch D velopmen Corp. By. �evin Howell, Presid nt STATE OF IDAHO, ) ) ss. COUNTY OF Ada ) On this 8th day of February, 2002, before me, a notary public in and for said State, personally appeared Kevin A. Howell, known or identified to me (on the basis of satisfactory evidence), to be the President of the corporation that executed the instrument or the person who executed the instrument on behalf of said corporation, and acknowledged to me that such corporation executed the same. IN WITNESS official seal, the dz ave hereunto se Ids certificate firs my hand and affix my 'above writte_ . blic for Idah ;,s'fding in Boise, Idaho y Commission Expires: 1-13 -c-b