CC - Warranty Deed r r
ADA COUNTY RECORDER Christopher D.Rich 2018-098830
BOISE IDAHO Pgs=6 LISA BATT 10/18/2018 08:39 AM
TITLEONE BOISE $15.00
Recording Requested By and
When Recorded Return to:
Tomlinson Family Trust
clo Brighton Investments LLC
12601 W.Explorer Drive,Suite 200
Boise,Idaho 83713
Attn: David W.Turnbull,Co-Trustee
SPACE ABOVE THIS UNE FOR RECORDER'S USE ONLY
SPECIAL WARRANTY DEED
MURGOITIO LIMITED PARTNERSHIP,an Idaho limited partnership("Grantor"),for
and in consideration of the sum of Ten Dollars($10.00)cash and other good and valuable
consideration paid by Mark Lindsay and David W.Turnbull(or their duly qualified successors),
Trustees of the Tomlinson Family Trust U/T/A dated April 7, 1982("Grantee"),whose mailing
address is 12601 W.Explorer Drive, Suite 200,Boise,Idaho 83713,HAS GRANTED,
BARGAINED,,SOLD and CONVEYED,and by these presents DOES GRANT,BARGAIN,
SELL and CONVEY unto Grantee all that certain real property situated in Ada County,Idaho,as
more particularly:described on Exhibit"A"which is attached hereto and incorporated herein by
reference,together,with all appurtenances the or in anywise appertaining thereto and all
improvements located thereon(said land, improvements and appurtenances being herein together
referred to as the"Premises").
This conveyance,however,is made and accepted subject to taxes and assessments for the
year 2018 and all subsequent years,together with any and all existing easements,rights-of-way,
reservations,restrictions and encumbrances of record,to any existing tenancies,to all zoning
laws and ordinances,and to any state of facts an accurate survey or inspection of the premises
would show, and the matters listed in Exhibit B attached hereto and incorporated herein by
reference.
TO HAVE AND TO HOLD the Premises,with its appurtenances unto Grantee and
Grantee's successors and assigns forever.
THE PREMISES ARE SOLD AND CONVEYED TO GRANTEE"AS IS"AND
"WHERE IS",AND WITH ALL FAULTS AND DEFECTS,LATENT OR OTHERWISE.
EXCEPT FOR THE WARRANTY OF TITLE CONTAINED HEREIN, GRANTOR IS
MAKING NO REPRESENTATIONS OR WARR.A.NTIES,EITHER EXPRESSED OR
IMPLIED,BY OPERATION OF LAW OR OTHERWISE,WITH RESPECT TO THE
QUALITY,PHYSICAL CONDITION OR VALUE OF THE PREMISES,THE PREMISES'
HABITABILITY, SUITABILITY,MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE,THE PRESENCE OR ABSENCE OF CONDITIONS ON THE
PREMISES THAT COULD GIVE RISE TO A CLAIM FOR PERSONAL INJURY,
PROPERTY OR NATURAL RESOURCE DAMAGES,THE PRESENCE OF HAZARDOUS
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MQ'1'7 MAO>>n)4nn'7 I
ELECTRONICALLY RECORD&')
STAMPED FIRST PAG^ NO'yy
Recording Requested B and T E OplaFIATED AS PART
When Recorded Return to: HE ORIGINAL DOCUMC,IT OF
Tomlinson Family Trust
c/o Brighton Investments LLC
12601 W.Explorer Drive, Suite 200
Boise,Idaho 83713
Attn: David W.Turnbull, Co-Trustee
SPACE AEOVE THIS LINE FOR RECORDER'S USE ONLY
SPECIAL WARRANTY DEED
MURGOITIO LIMITED PARTNERSHIP, an Idaho limited partnership ("Grantor"), for
and in consideration of the sum of Ten Dollars ($10.00) cash and other good and valuable
consideration paid by Mark Lindsay and David W. Turnbull (or their duly qualified successors),
Trustees of the Tomlinson Family Trust U/T/A dated April 7, 1982 ("Grantee"), whose mailing
address is 12601 W. Explorer Drive, Suite 200, Boise, Idaho 83713, HAS GRANTED,
BARGAINED, SOLD and CONVEYED, and by these presents DOES GRANT, BARGAIN,
SELL and CONVEY unto Grantee all that certain real property situated in Ada County, Idaho, as
more particularly described on Exhibit"A" which is attached hereto and incorporated herein by
reference,together with all appurtenances thereon or in anywise appertaining thereto and all
improvements located thereon(said land, improvements and appurtenances being herein together
referred to as the "Premises").
This conveyance, however, is made and accepted subject to taxes and assessments for the
year 2018 and all subsequent years,together with any and all existing easements, rights-of-way,
reservations, restrictions and encumbrances of record, to any existing tenancies,to all zoning
laws and ordinances, and to any state of facts an accurate survey or inspection of the premises
would show, and the matters listed in Exhibit B attached hereto and incorporated herein by
reference.
TO HAVE AND TO HOLD the Premises, with its appurtenances unto Grantee and
Grantee's successors and assigns forever.
THE PREMISES ARE SOLD AND CONVEYED TO GRANTEE"AS IS" AND
"WHERE IS", AND WITH ALL FAULTS AND DEFECTS, LATENT OR OTHERWISE.
EXCEPT FOR THE WARRANTY OF TITLE CONTAINED HEREIN, GRANTOR IS
MAKING NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESSED OR
IMPLIED, BY OPERATION OF LAW OR OTHERWISE, WITH RESPECT TO THE
QUALITY, PHYSICAL CONDITION OR VALUE OF THE PREMISES,THE PREMISES'
HABITABILITY, SUITABILITY, MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE, THE PRESENCE OR ABSENCE OF CONDITIONS ON THE
PREMISES THAT COULD GIVE RISE TO A CLAIM FOR PERSONAL INJURY,
PROPERTY OR NATURAL RESOURCE DAMAGES, THE PRESENCE OF HAZARDOUS
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02872.0009.11426097.1
OR TOXIC SUBSTANCES, MATERIALS OR WASTE, SUBSTANCES, CONTAMINANTS,
OR POLLUTANTS ON, UNDER OR ABOUT THE PROPERTY, OR THE INCOME OR
EXPENSES FROM OR OF THE PREMISES.
Grantor hereby covenants with Grantee that said Premises are free from all encumbrances
made by it other than those expressly referenced herein and that it will warrant and defend said
Premises against the lawful claims of all persons claiming by or through Grantor, but no others.
EXECUTED this day of October, 2018.
MURGOITIO LIMITED PARTNERSHIP
an Idaho limited partnership
By: i C IV u��r a
Name: Ruth Murgoitio, General Partner
By:
Name: Gary goitio, Gen ral Partner
By: �
Nam . ames Murgoitio, Gene l Partner
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02872.0009.11426097.1
STATE OF IDAHO )
ss.
County of Ada )
On this �r day of October, 2018, before me, -0-j ►,,,,defa ry
a Notary Public in and for said State, personally appeared Ruth Murgo o, Gary Murgoitio and
James Murgoitio, known or identified to me to be the General Partners of MURGOITIO
LIMITED PARTNERSHIP, or the persons who executed the instrument on behalf of said limited
partnership and acknowledged to me that such limited partnership executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year in this certificate first above written.
oO�T DARZ�'•.
? N
OTAR y '; Notary Public for Idahv RESIDING:BOISE,ID
Residing at COMMISSION EXPIRES:11.28.19
•
• PUB00 My commission expires
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02872.0009.11426097.1
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EXHIBIT "A"
LEGAL DESCRIPTION
A parcel of land situated being the Southeast 1/4 of the Southeast 1/4 of Section 31,Township 3 North,Range
1 East,Boise Meridian,City of Meridian,Ada county,Idaho,and being more particularly described as follows:
BEGINNING at a found brass cap monument marking the Southeast corner of said Section 31,which bears
S00°32'22"E a distance of 2,700.07 feet from a found brass cap monument marking the east 1/4 corner of
said Section 31,thence following the southerly line of said Southeast 1/4 of the Southeast 1/4,N89°42'21"W
a distance of 1,320.00 feet to a found 5/8-inch rebar marking the southwest corner of said Southeast 1/4 of
the Southeast 1/4(East 1/16 corner Section 31);
Thence leaving said southerly line and following the westerly line of said Southeast 1/4 of the Southeast 1/4,
N00007'49"W a distance of L346.20 feet to the northwest corner of said Southeast 1/4 of the Southeast 1/4
(Southeast 1/16 corner Section 31);
Thence leaving said westerly line and following the northerly line of said Southeast 1/4 of the Southeast 1/4,
S89052'08"E a distance of 1,310.34 feet to the northeast corner of said Southeast 1/4 of the Southeast 1/4
(South 1/16 corner Sections 31 and 32);
Thence leaving said northerly line and following the easterly line of said Southeast 1/4 of the Southeast 1/4,
S00°32'22"E a distance of 1,350.04 feet to the POINT OF BEGINNING.
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02872.0009.11426097.1
EXHIBIT "B"
1. Taxes, including any assessments collected therewith, for the year 2018 which are a lien
not yet due and payable.
2. The land described herein is located within the boundaries of City of Meridian(208-888-
4433) and is subject to any assessments levied thereby.
3. The land described herein is located within the boundaries of Boise Kuna Irrigation
District(208-922-5608) and is subject to any assessments levied thereby.
4. Right-of-way for McBriney Lateral and the rights of access thereto for maintenance of
said lateral.
5. Right-of-way for Locust Grove Road.
6. Right-of-way for Lake Hazel Road.
7. Right of way for ditches,tunnels,telephone, and distribution lines constructed by
authority of the United States, as granted to the United States under the provisions of
Section 58-604 Idaho Code.
8. Reservations and exceptions in a United States Patent, and in the act authorizing the
issuance thereof,recorded October 24, 1894 in Book 3 of Patents, at Page 495,records of
Ada County,Idaho.
9. An easement for the purpose shown below and rights incidental thereto as set forth in a
document.
Granted to: Pacific Northwest Pipeline Corporation, a Delaware corporation
Purpose: Public Utilities
Recorded: November 25, 1955
Instrument No.: 3 86462
Book 30 of Miscellaneous Records at Page 186, records of Ada County, Idaho.
10. Terms and provisions contained in a Water Delivery Agreement by and between Cecil A.
Thomas and Margie L. Thomas, husband and wife and Nampa&Meridian Irrigation
District.
Recorded: June 5, 1975
Instrument No.: 7514038,records of Ada County, Idaho.
11. An easement for the purpose shown below and rights incidental thereto as set forth in a
document.
Granted to: Idaho Power Company
Purpose: Public Utilities
Recorded: August 21, 1975
Instrument No.: 7524515,records of Ada County, Idaho.
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02872.0009.11426097.1
12. Terms and provisions contained in an Order.
Recorded: July 5, 1978
Instrument No.: 7835808,records of Ada County, Idaho.
13. An easement for the purpose shown below and rights incidental thereto as set forth in a.
document.
Granted to: Idaho Power Company
Purpose: Public Utilities
Recorded: May 20, 1992
Instrument No.: 9232619, records of Ada County, Idaho.
14. All matters,and any rights, easements, interests or claims as disclosed by Record of
Survey No. 7781 recorded February 6,2007 as Instrument No. 107017388, records of
Ada County,Idaho.
15. Terms and provisions contained in a Development Agreement by and between City of
Meridian and Murgoitio Limited Partnership.
Recorded: January 27,2016
Instrument No.: 2016-007074, records of Ada County, Idaho.
16. An easement for the purpose shown below and rights incidental thereto as set forth in a
Water Main Easement.
Granted to: City of Meridian, a municipal corporation
Purpose: construction and operation of a water line and their allied facilities,together
with their maintenance, repair, replacement and subsequent connection with the free right
of access
Recorded: January 6,2017
Instrument No.: 2017-001446,records of Ada County, Idaho.
17. Rights of tenants in possession, as tenants only, under prior unrecorded leases.
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02872.0009.11426097.1