Loading...
Warranty DeedADA COUNTY RECORDER Phil McGrane 2020-063986 BOISE IDAHO Pgs=4 VICTORIA BAILEY 05/29/2020 08:38 AM After recording return to: TITLEONE BOISE $15.00 Smalley Holdings LLC 5931 N. Peppard Ave. Meridian, Idaho 83646 03515Z91 WARRANTY DEED FOR VALUE RECEIVED, Primeland Investment Group, LLC, an Idaho limited liability company ("Grantor") hereby conveys, grants, bargains and sells to Smalley Holdings LLC, an Idaho limited liability company whose address is 5931 N. Peppard Ave., Meridian, Idaho 83646 ("Grantee"), the following described real property situated in Ada County, State of Idaho, together with all of Grantor's right, title and interest in and to adjacent streets, alleys and rights -of -way ("Property"): Lot 45 in Block 3 of Verona Subdivision No. 3, according to the plat thereof, filed in Book 94 of Plats at pages 11422 and 11423, records of Ada County, Idaho. TOGETHER WITH all and singular the tenements, hereditaments, easements, rights and appurtenances thereunto belonging or in any way appertaining, the reversion and reversions, remainder and remainders, rents, issues, and profits thereof; and all estate, right, and interest in and to the Property, as well in law as in equity; SUBJECT TO the following use restriction: For a period of ten (10) years following the execution of this Warranty Deed by Grantor, Grantee or its successors or assigns shall develop and use the Property solely for the operation of a business providing medical patient care. Notwithstanding, Grantee or its successors or assigns may lease up to one-third (1/3) of the office space within any commercial building located on the Property for any lawful purpose other than a medical office so long as the use complies with zoning ordinances applicable to the Property; AND SUBJECT TO the liens, encumbrances and other matters listed on Exhibit A attached hereto and by this reference made a part hereof as the exceptions permitted to title previously accepted by Grantee. TO HAVE AND TO HOLD said Property unto Grantee and its successors and assigns forever. Grantor, for itself, its heirs and assigns, does hereby covenant to and with the said Grantee, that Grantor is lawfully seized of said Property in fee simple; and Grantor warrants that the title to said Property is free from all liens and encumbrances, excepting those to which this conveyance is expressly made subject, and that Grantor will warrant and defend the same from all other lawful claims whatsoever, subject to all taxes, levies and assessments, and U.S. Patent reservations, restrictions, and easements of record. [SIGNATURE ON FOLLOWING PAGE] WARRANTY DEED - Page 1 of 4 74,�1-;1C:iLLr RE-CORDSO After recording return to: �:� +�+�'+]:•iti� i.0 A5 PAt7T OF Smalley Holdings LLC T. i_-6ILiINAL DOCUMEW 5931 N. Peppard Ave. Meridian, Idaho 83646 WARRANTY DEED FOR VALUE RECEIVED, Primeland Investment Group, LLC, an Idaho limited liability company ("Grantor') hereby conveys, grants, bargains and sells to Smalley Holdings LLC, an Idaho limited liability company whose address is 5931 N. Peppard Ave., Meridian, Idaho 83646 ("Grantee"), the following described real property situated in Ada County, State of Idaho, together with all of Grantor's right, title and interest in and to adjacent streets, alleys and rights -of -way ("Property"): Lot 45 in Block 3 of Verona Subdivision No. 3, according to the plat thereof, filed in Book 94 of Plats at pages 11422 and 11423, records of Ada County, Idaho. TOGETHER WITH all and singular the tenements, hereditaments, easements, rights and appurtenances thereunto belonging or in any way appertaining, the reversion and reversions, remainder and remainders, rents, issues, and profits thereof; and all estate, right, and interest in and to the Property, as well in law as in equity; SUBJECT TO the following use restriction: For a period of ten (1 0) years following the execution of this Warranty Deed by Grantor, Grantee or its successors or assigns shall develop and use the Property solely for the operation of a business providing medical patient care. Notwithstanding, Grantee or its successors or assigns may lease up to one-third (113) of the office space within any commercial building located on the Property for any lawful purpose other than a medical office so long as the use complies with zoning ordinances applicable to the Property; AND SUBJECT TO the liens, encumbrances and other matters listed on Exhibit A attached hereto and by this reference made a part hereof as the exceptions permitted to title previously accepted by Grantee. TO HAVE AND TO HOLD said Property unto Grantee and its successors and assigns forever. Grantor, for itself, its heirs and assigns, does hereby covenant to and with the said Grantee, that Grantor is lawfully seized of said Property in fee simple; and Grantor warrants that the title to said Property is free from all liens and encumbrances, excepting those to which this conveyance is expressly made subject, and that Grantor will warrant and defend the same from all other lawful claims whatsoever, subject to all taxes, levies and assessments, and U.S. Patent reservations, restrictions, and easements of record. [SIGNATURE ON FOLLOWING PAGE] WARRANTY DEED - Page 1 of 4 IN WITNESS WHEREOF, Grantor has executed this instrument on this 27-- day of _r 2020. `S CC)RY T S1 i1 �N", Y PUg; W C.OMSStOK EWRES 31&202i ■ Of STATE OF IDAHO County of Ada GRANTOR: PRIMELAND INVESTMENT GROUP, LLC, an Idaho limited liability company jc By: -w,- JoM T. tee The Bews Foundation — sole member of Primeland Investment Group, LLC This record was acknowledged before me on this day of , 2020, by John T. Berg as the Trustee of The Bews Foundation, the sol member of Primeland Investment Group, LLC, an Idaho limited liability company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Poffic for Idaho My corffnission expires WARRANTY DEED - Page 2 of 4 EXHIBIT A PERMITTED EXCEPTIONS 1. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land, and that is not shown by the Public Records. 2. Easements, or claims of easements, not shown by the public records. 3. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims to title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the public records. 4. 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 to such proceedings whether or not shown by the records of such agency, or by the public records. 5. Taxes, including any assessments collected therewith, for the year 2020 which are a lien not yet due and payable. 6. The land described herein is located within the boundaries of City of Meridian (208-888-4433) and is subject to any assessments levied thereby. 7. The land described herein is located within the boundaries of Settlers Irrigation District (208-344-2471) and is subject to any assessments levied thereby. 8. Liens, levies, and assessments of the Bridgetower Owners Association, Inc. 9. Reservations and exceptions in a United States Patent, and in the act authorizing the issuance thereof, recorded May 17, 1902 in Book 3 of Patents, at Page 469, records of Ada County, Idaho. 10. Terms and provisions contained in a Development Agreement by and between City of Meridian, a municipal corporation, E.L. Bews and Shirley Bews, husband and wife and Primeland Development, LLP. Recorded: June 13, 2003 Instrument No.: 103097612, records of Ada County, Idaho; Terms and provisions contained in an Addendum to the Development Agreement. Recorded: May 22, 2008 Instrument No.: 108059794, records of Ada County, Idaho; Terms and provisions contained in an Addendum No. 2 to the Development Agreement. Recorded: September 9, 2008 Instrument No.: 108101152, records of Ada County, Idaho. 11. Terms and provisions contained in City of Meridian Ordinance No. 03-1028. Recorded: June 13, 2003 Instrument No.: 103097613, records of Ada County, Idaho. 12. Terms and provisions contained in a License Agreement for Verona Subdivision by and between Settlers Irrigation District and Primeland Development company, L.L.P., an Idaho limited liability partnership. Recorded: March 4, 2004 Instrument No.: 104024775, records of Ada County, Idaho. 13. An easement for the purpose shown below and rights incidental thereto as set forth in a Public Right -of -Way Easement (Sidewalk). Granted to: Ada County Highway District Purpose: public right-of-way for use by those members of the public who are pedestrians and bicyclists and the statutory rights of ACHD Recorded: October 1, 2004 Instrument No.: 104126101, records of Ada County, Idaho, WARRANTY DEED - Page 3 of 4 14. Easements, reservations, restrictions, and dedications as shown on the official plat of Verona Subdivision No. 2 recorded March 4, 2005 as Instrument No. 105026532, records of Ada County, Idaho. 15. Covenants, Conditions, and Restrictions, and Easements but omitting any covenants or restrictions, if any, to the extent that such covenants, conditions or restrictions violate 42 USC 3604 (c) or any other ordinance, statute or regulation. Recorded: November 27, 2001 Instrument No.: 101124464, records of Ada County, Idaho; Supplemental Declaration of Covenants, Conditions and Restrictions for Verona Subdivision No. 2. Recorded: March 23, 2005 Instrument No.: 105034627, records of Ada County, Idaho; Amendment to Supplemental Declaration of Covenants, Conditions and Restrictions for Verona Subdivision No. 2. Recorded: October 25, 2005 Instrument No.: 105160306, records of Ada County, Idaho. 16. Terms and provisions contained in City of Meridian Ordinance No. 05-1154. Recorded: June 13, 2005 Instrument No.: 105076394, records of Ada County, Idaho. 17. Easements, reservations, restrictions, and dedications as shown on the official plat of Verona Subdivision No. 3 recorded January 6, 2006 as Instrument No. 106002745, records of Ada County, Idaho. Partial Release of Easement by Idaho Power Company. Recorded: March 20, 2008 Instrument No.: 108031872, records of Ada County, Idaho. Terms and provisions contained in Resolution No. 08-611. Recorded: June 6, 2008 Instrument No.: 108065963, records of Ada County, Idaho. 18. Covenants, Conditions, and Restrictions, and Easements but omitting any covenants or restrictions, if any, to the extent that such covenants, conditions or restrictions violate 42 USC 3604 (c) or any other ordinance, statute or regulation. Recorded: May 16, 2008 Instrument No.: 108057266, records of Ada County, Idaho. 19. Covenants, Conditions, and Restrictions, and Easements but omitting any covenants or restrictions, if any, to the extent that such covenants, conditions or restrictions violate 42 USC 3604 (c) or any other ordinance, statute or regulation. Recorded: September 8, 2010 Instrument No.: 110083538, records of Ada County, Idaho. 20. Terms and provisions contained in a Restrictive Covenant by and between Primeland Investment Group, LLC, an Idaho limited liability company and WPA Leasing, LLC, an Idaho limited liability company. Recorded: December 24, 2015 Instrument No.: 2015-117028, records of Ada County, Idaho. WARRANTY DEED - Page 4 of 4