PZ - Warranty Deed C %�, E_ , ,
APR
Clerk
Ada County
Kimbell D. Gourley/ISB #3578
TROUT ♦ JONES ♦GLEDHILL ♦FUHRMAN, P.A. �' sz •' ' 1)"
The 9th & Idaho Center
225 North 9th Street, Suite 820
P.O. Box 1097 _. ..._.
Boise, ID 83701
Telephone: (208) 331-1170
Facsimile: (208) 331-1529 ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT 36.00 12
BOISE IDAHO 04/17/07 04:13 PM
Attorneys for: Ada County Highway District DEPUTY Bonnie Oberbillig III IIIIIIIIIIIIIIIIIII IIIIIIIIIIII III
RECORDED-REQUEST OF 1����
Trout Jones Gledhill
4496
IN THE DISTRICT COURT OF THE FOURTH JUDICIAL DISTRICT OF THE
STATE OF IDAHO, IN AND FOR THE COUNTY OF ADA
ADA COUNTY HIGHWAY DISTRICT, a )
body politic corporate of the State of ) Case No. CVOC 0704272
Idaho, )
AMENDED ORDER FOR POSSESSION
Plaintiff, ) OF REAL PROPERTY
vs. )
JAMCO INVESTMENTS, L.L.C., an )
Idaho limited liability company; )
PREMIER HOLDINGS, INC., a Nevada )
corporation; JEFFREY MAJORS, an )
individual, and KAMRON ABDO, an )
individual; ZIONS FIRST NATIONAL )
BANK, a national banking association; )
and all unknown lessees and tenants in )
possession of any or all of the property )
which is subject to this action, and any )
other person or entity, who has or may )
have an interest in and to the property )
which is subject of this action, referenced )
for convenience by the fictitious )
designations of DOES 1 THROUGH 10, )
Defendants. )
THIS MATTER having come on before the court upon the stipulation entered into
AMENDED ORDER FOR POSSESSION OF REAL PROPERTY -1-
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by the parties, and good cause appearing therefore,
IT IS HEREBY ORDERED, ADJUDGED, AND DECREED, AND THIS DOES
ORDER, ADJUDGE, AND DECREE:
1. The requirements of Idaho Code §7-721, enabling ACHD to obtain
possession of the subject property pending trial have been satisfied, in that (a) ACHD has
the right of eminent domain; (b)the use to which the subject property is to be applied is a
use authorized by law; (c) the taking of the subject property is necessary for such use;
and (d) ACHD has sought in good faith to purchase the subject property sought to be
taken.
2. In consideration of the payment by ACHD to the court of the total sum of
$165,176.00, which sum shall be tendered by ACHD in the form of a check payable to the
Clerk of the Court, and the representations set forth below, ACHD is granted possession
and use of the following subject to the rights of the tenants in possession:
a. Parcels 2, 3, and 5 Condemned Property,
b. Parcels 2, 3, and 5 Permanent Slope Easement,
G. Parcel 5 Temporary Easement Property,
(as defined and described in the Verified Complaint on file herein). A legal description of
such properties is attached as Exhibits A-1 through A-3, B-1 through B-4, and C, which by
this reference are incorporated herein.
3. ACHD is hereby entitled to take possession and commence use of said
property.
AMENDED ORDER FOR POSSESSION OF REAL PROPERTY-2-
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4. ACHD and Defendants shall not have any contact or communications not
authorized in advance by their respective attorneys with each other or their agents during
the pendency of this action, and any such unauthorized communications shall be deemed
settlement negotiations and inadmissible.
5. ACHD shall give notice to Defendants' counsel of any changes in that
portion of the project and/or the project plans relating to Defendants' property or any
property immediately adjacent to Defendants' property within seventeen (17) days of the
change being made.
6. ACHD shall accept financial responsibility for all real property and personal
property taxes assessed on that portion of Parcels 2, 3, and 5 being condemned by
ACHD from the date of possession until possession is returned or judgment is entered.
These taxes shall be calculated as follows:
a. Land: sq.feet of take X taxes assessed on parcel X days of possession=ACHD portion
total sq.ft.of 365 days
parcel
Nothing in this stipulation shall prevent ACHD from obtaining consent from the Ada
County Assessor to cease assessing taxes on the subject property being condemned by
ACHD, and thus terminating ACHD's financial responsibility to pay such taxes.
7. ACHD shall not oppose an application by Defendants to seek an order
authorizing the clerk of the court to distribute to Defendants 80% of the $165,176.00 (i.e.,
$132,140.80), per Idaho Code §§ 7-721(6) and (7).
8. ACHD shall have the Condemned Property, Permanent Easement, and
Temporary Construction Easement Property staked within fourteen (14) days, if not
AMENDED ORDER FOR POSSESSION OF REAL PROPERTY-3-
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already staked, to the extent reasonably possible (it may not be possible to stake a
line between the Condemned Property and Permanent Easement or Temporary
Construction Easement Property if construction has commenced, but all lines
adjacent to the Defendants' remaining property shall be staked) so that the
Defendants may ascertain the location of such property.
DATED this /J day of April, 2007.
dge Joel D. Horton
CERTIFICATE OF SERVICE
- _ -----_HEREBY CERTIFY_that-an__the--/k--
- da-y--of &1�11,2007,-a-true Kect- - ----
copy of the foregoing document was served as follows:
E. Don Copple First Class Mail
Heather A. Cunningham Hand Delivery
DAVISON COPPLE COPPLE & COX [ ] Facsimile
P.O. Box 1583 [ ] Overnight Delivery
Boise, ID 83701
Kimbell D. Gourley ix
First Class Mail
TROUT ♦ JONES ♦GLEDHILL ♦FUHRMAN ] Hand Delivery
The 9t" & Idaho Center [ ] Facsimile
225 North 9 Street, Suite 820 [ ] Overnight livery
P.O. Box 1097
Boise, ID 83701 zi
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AMENDED ORDER FOR POSSESSION OF REAL PROPERTY -4- E y,_ VI
Page 4 of 12
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Owner of Record: Jamco Investments LLC,Premier Holdings Inc.
Assessor Parcel No.: S1224223530
AC11D Project: Overland Road (Linder to Meridian)
AC14D Project No.: 603052
Right-of-Way Description - Parcel 2
A parcel of land located in the Northwest 1/4(NW1/4)of Section 24, Township 3
1 North,Range 1 West,Boise Meridian, and said parcel also being a portion of that
Warranty Deed, filed as instrument number 763955,Official Records of Ada County,
Idaho,being more particularly described as follows:
Commencing at the northwest corner of the NW 1/4 of Section 24, T.3 N.,
N.� R. i W., B.M., said point being the REAL POLNT OF BEGINNING.
Thence South 89°07'25"East, 109.00 feet(formerly S 89°54' E) along the north
boundary of said NW1/4 to a point;
Thence South 1°01'35"West, 51.00 feet(formerly S 0°15' W) along the east
boundary of said warranty deed to a point;
Thence North 89°07'25" West, 32.70 feet parallel to the north boundary of said
NW 1/4 to a point; _ ------- --
rh
ence ut�7'00"West, 35.30 feet to a point lying 5 1.00 feet from the
J west boundary of said NW1/4;
Thence South 0°41'25"West, 323.91 feet parallel to the west boundary of said
NW 1/4 to a point on the south boundary of said warranty deed;
Thence North 89°13'25"West, 51.00 feet(formerly West)along said south
boundary to a point on the west boundary of said NW 1 A;
Thence North 0°41'25"East,400.00 feet(formerly N 0°15 E,400.00')along the
west boundary said NW 1/4 to the Real Point of Beginning.
Said described � 9
parcel contains 23 661 square feet or 0.54 acres and includes
p
12,098 square feet or 0.28 acres of existing 25 feet wide prescriptive right-of-way along
the north and west boundaries of said warranty deed.
This Description was prepared by the ACHD survey section using Deeds of
record, Record of Surveys, Subdivision Plats and field measurements between section
corners. Deed bearings have been rotated to project bearings per section line
f measurements. Said parcel is subject to ents of record or in use.
E-
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1
Owner of Record: Jamco Investments LLC,Premier Holdings Inc.
1 Assessor Parcel No.: S 1224223490
f ACHD Project: Overland Road(Linder to Meridian)
ACID Project No.: 603052
Right-of-Way Description - Parcel 3
A parcel of land located in the Northwest 1/4 (NW 1/4)of Section 24, Township 3
North,Range 1 West,Boise Meridian, and said parcel also being a portion of that
Community Property Agreement filed as instrument number 812626, Official Records of
Ada County, Idaho,being more particularly described as follows:
Corimencing at the northwest corner of the NW1/4 of Section 24,T.3 N.,
R. .1 W.,B.M.,thence South 89°07'25"East, 109.00 feet(formerly S 89054' E, I09.001)
along the north boundary of the NW 1/4 of Section 24 to a point, said point being the
REAL POINT OF BEGINNING.
Thence continuing South 89°07'25"East, 109.00 feet(formerly S 89054' E, — -
109.00') along the north boundary of said NW 1/4 to the northeast corner of said warranty
Thence South 1°01'35"West, 51.00 feet(formerly S 00 15' W)along the east
boundary of said warranty deed to a point;
Thence North 89°07'25"West,25.86 feet parallel to said north boundary of the
NW1/4 to a point;
Thence South 53°21'49"West,6.56 feet to a point;
Thence North 89°07'25"West,20.00 feet parallel to said north boundary of the
NW 1/4 to a point;
Thence North 51°29'57"West,6.56 feet to a point;
Thence North 89007'25" West, 52.74 feet parallel to said north boundary of the
NW 1/4 to a point on the west boundary of said warranty deed;
Thence North 1°O1'35"East, 51.00 feet(formerly N 09 5' E) along said west
boundary to the Real Point of Beginning.
Said described parcel contains 5,660 square feet or 0.13 acres and includes 2,725
square feet or 0.06 acres of existing prescriptive right-of-way along the north boundary of
said Community Property Agreement.
This Description was prepared by the ACHD survey section using Deeds of
record,Record of Surveys, Subdivision,Plats and field measurements between sPctien
corners. Deed bearings have been rotated to project bearings per serf
I measurements. Said parcel is subject to easements of record or i
ACHDsurveyAogn1s/row EXHIBIT�ca '` �
I
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Owner of Record: Jamco Investments LLC,Premier Holdings Inc.
Assessor Parcel No.: S 1224223450
ACHD Project: Overland Road(Linder to Meridian)
ACHD Project No.: 603052
Right-of-Way Description - Parcel 5
A parcel of land located in the Northwest 1/4(NWI/4)of Section 24,Township 3
North,Range 1 West,Boise Meridian,and said parcel also being a portion of that
Quitclaim Deed, filed as instrument number 104139853, Official Records of Ada County,
Idaho,being more particularly described as follows:
Commencing at the northwest corner of NW 1/4 of Section 24,'T'3 N.,R. 1 W.,
B.M., thence South 89°07'25"East,218.00 feet along the north boundary of the NW 1/4
1 of Section 24 to a point being the northwest corner of that parcel described in said
Quitclaim Deed, said point also being the REAL POINT OF BEGINNING.
Thence continuing South 89107'25"East, 109.10 feet(formerly S 89033'34"E,
along-the--north-hnundary-ofsaid_ —W!4t the northeast_corner ofsaid
Quitclaim Deed;
Thence South 1*01'35"West, 51.00 feet(formerly S 0°15' W) along the east
boundary of said warranty deed to a point;
Thence North 89°07.'25"West, 109.10 feet parallel to said north boundary of
NW 1/4 to a point on the west boundary of said warranty deed;
Thence North 1'01'35"East, 51.00 feet(formerly N 0°15' E) along said west
boundary to the Real Point of Beginning.
Said described parcel contains 5,564 square feet or 0.13 acres and includes 2,727
square feet or 0.06 acres.of existing prescriptive right-of-way along the north boundary of
said Warranty Deed.
This Description was prepared by the ACHD survey section using Deeds of
record, Record of Surveys, Subdivision Plats and field measurements between section
corners. Deed bearings have been rotated to project bearings per section line
measurements. Said parcel is subject to easements of record or in use.
J 4 t!
1 9 o EXHIBIT
t F
I �
ACHDsurvey/lepls/rmv � y,
I
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Owner of Record: Jamco Investments LLC Premier Holdings Inc.
Assessor Parcel No.: S1224223530
ACHD Project: Overland Road(Linder to Meridian)
ACHD Project No.: 603052
Permanent Easement Description - Parcel 2
lA parcel of land located in the Northwest 114(NW1/4)of Section 24,Township 3
North,Range 1 West,Boise Meridian,and said parcel also being a portion of that
Warranty Deed, filed as instrument number 763955, Official Records of Ada County,
Idaho,being more particularly described as follows:
Commencing at the northwest corner of the NW1A of Section 24,T.3 N.,
R. 1 W.,'B.M.,thence South 89°07'2.5"East; 109.00 feet along.the north boundary of
said NW1/4 to apoint,thence South 1001'35"West, 51.00 feet to apoint, said point
being the REAL POINT OF BEGINNING.
Thence continuing South 1'01'35"West,4.00 feet to a point;
Thence North 89°07'25"West,36.68 feet parallel to the north boundary of said
NW 114 to a point;
Thence Nort�i 43°47'00"East,5.65 feet to a point;
Thence South 89107'25"East,32.70 feet to the Real Point of Beginning.
Said described parcel contains 139 square feet.
This Description was prepared by the ACHD survey section using Deeds of
record,Record of Surveys, Subdivision Plats and field measurements between section
corners. Deed bearings have been rotated to project bearings per section line
measurements. Said parcel is subject to easements of record or in use.
b
o
ACHDsurvcyAegals/pc
EXHIBIT
f $• 1
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Owner of Record: Jamco investments LLC,Premier Holdings Inc.
Assessor Parcel No.: S1224223490
ACHD Project: Overland Road(Linder to Meridian)
ACHD Project No.: 603052
Permanent Easement #1 Description - Parcel 3
A parcel of land located in the Northwest 1/4(NWl/4)of Section 24, Township 3
North, Range 1 West,Boise Meridian,and said parcel also being a portion of that
Community Property Agreement filed as instrument number 812626, Official Records of
1 Ada County,Idaho,being more particularly described as follows:
1 Commencing at the northwest corner of the NWl/4 of Section 24,T.3 N:,
R. J W.,B.M., thence.South.89°07'25"East,218.00 feet along the north boundary of the
NW 114 of Section 24 to a point,thence South 1601'35"West,55.00 feet to a point,
thence North 89°07'25"West,51.06 feet parallel to said north boundary of the NWIA to
a point, said point being the REAL POINT OF BEGINNING.
Thence continuing North 89°07'25"West, 57.94 feet parallel to said north -- -! -
boundary of the NW1/4 to a point on the west boundary of said warranty deed;
-----------Thence NartV0T'35asf; eT et -along sa i w st boundary to a point;
Thence South 89°07'25"East, 52.74 feet parallel to said north boundary of the
NW 1/4 to a point;
Thence South 51°29'57"East, 6.56 feet to the Real Point of Beginning.
Said described parcel contains 221 square feet.
This Description was prepared by the ACHD survey section using Deeds of
record,Record of Surveys, Subdivision Plats and field measurements between section
corners. Deed bearings have been rotated to project bearings per section line
measurements. Said parcel is subject to easements of record or in use.
5291 0
ACH Ds u rvey/1 e g a Is/pe.
' EXHIBIT
Page 9 of 12
mni--7•n9 onn
Owner of Record: Jamco Investments LLC,Premier Holdings Inc.
Assessor Parcel No.: S 1224223490
lACHD Project: Overland Road(Linder to Meridian)
ACHD Project No.: 603052
Permanent Easement#2 Description - Parcel 3
IA parcel of land located in the Northwest 1/4(NW l/4)of Section 24,Township 3
North,Range 1 West,Boise Meridian,and said parcel also being a portion of that
Community Property Agreement filed as instrument number 812626,Official Records
of Ada County, Idaho,being more particularly described as follows:
Commencing at the northwest corner of the NW 1 A of Section 24, T.3 N.,
R. 1 W.,B.M., thence South 89007'25"East,218.00 feet along the north boundary of the
NWI/4 of Section 24 to a point,thence South 1Q01'35"West, 51.00 feet to a point,said
point being the REAL POINT OF BEGIlVNING.
Thence continuing South 1°01'35"West,4.00 feet to apoint;
Thence North 89°07'25"West, 31.06 feet parallel to said north boundary of the
--- --- NW 1 A to a point; --------- -- -----
Thence North 53*21'49"East,6.56 feet to a point;
Thence South 89907'25"East,25.86 feet to the Real Point of Beginning.
ISaid described parcel contains 114 square feet.
This Description was prepared by the ACHD survey section using Deeds of
record,Record of Surveys, Subdivision Plats and field measurements between section
corners. Deed bearings have been rotated to project bearings per section line
measurements. Said parcel is subject to easements of record or in use.
5 l�o
J
EXHIBIT
IACHDsurveyAe1i1s/pe P3!.3
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Owner of Record: 7amco Investments LLC,Premier Holdings Inc.
Assessor Parcel No.: S1224223450
{ ACHD Project: Overland Road(Linder to Meridian)
ACRD Project No.: 603052
Permanent Easement Description - Parcel 5
IA parcel of land located in the Northwest 1/4(NW1/4)of Section 24, Township 3
North,Range 1 West,Boise Meridian,and said parcel also being a portion of that
Quitclaim Deed, filed as instrument number 104139853,Official Records of Ada County,
Idaho,being more particularly described as follows:
Commencing at the northwest corner of NWIA of Section 24, T.3 N.,R. 1 W.,
B.A. thence South 89'07'25."_Fast,327.10 feet along the north boundary of±he NW1/4
of Section 24 to a point being the northeast comer of said Quitclaim Deed,thence South
1°01'35"West, 51.00 feet along the east boundary of said warranty deed to a point, said
point being the REAL POINT OF BEGINNING.
Thence continuing South 1°01'35" West, 4.00 feet along said east boundary to a
point;
Thence North 89°07'25" West, 109.10 feet along a line parallel to said north
boundary of NW t/tea-point on t e west bounce ary of saidwarranty deed;
Thence North 1°O1'35"East,4.00 feet along said west boundary to a point;
Thence South 89°07'25"East, 109.10 feet parallel to said north boundary of
INW 1/4 to the Real Point of Beginning.
Said described parcel contains 436 square feet.
This Description was prepared by the ACHD survey section using Deeds of
record,Record of Surveys, Subdivision Plats and field measurements between section
comers. Deed bearings have been rotated to project bearings per section line
measurements. Said parcel is subject to easements of record or in use.
41
I r r.
n
ACHDswey/legais/pa EXHIBIT
Page 11 of 12
-- --- - -- ----- 09/0112021 2:02 PM
Owner of Record: Jamco Investments LLC,Premier Holdings Inc.
Assessor Parcel No.: 81224223450
ACHD Project: Overland Road(Linder to Meridian)
ACHD Project No.: 603052
Temporary ]Easement- Parcel 5
A temporary construction easement adjacent to the southerly right-of-way of
Overland Road,per Ada County Highway District project for"Overland Road(400'W.
of Linder to Meridian Road)",said parcel being a portion of the Northwest 1/4 of Section
24,Township 3 North,Range 1 West,Boise Meridian,State of Idaho,being more
particularly described as follows:
Beginning at the northwest comer of said Section 24,said point being station
9+35.06 of the Overland Road project centerline,thence easterly to a point being 55.00
--feed ng f ofOveftrid Road-s a o1n72+62.3,said pomp also eli-ing the Real Poir of
Begituiing.
Thence southerly to a point 70.00 feet right of station 12+62.3;
Thence westerly to a point 70.00 feet right of station 12+12.3;
Thence northerly to a point 55.00 feet right of station 12+12.3;
Thence easterly to a point 55.00 feet right of station t 2+62.3 and the Real Point of
Beginning.
Said Parcel contains 750 square feet or 0.02 acres more or less.
r '
Ay�N t. ego
EXHIBIT
Cole
Order of Condemnation, page 13
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ADA COUNTY RECORDER J. DAVID NAVARRO 2
BOISE IDAHO 05/26/04 04:17 PM
DEPUTY Vicki Allen
RECORDED-REQUEST OF III (III'III'I'll'II'lll"I"I'II'I AI
�1 ✓ Pioneer
- AMOUNT 6.00 104065477
A Pioneer Company
PIONEER TITLE COMPANY
OF ADA COUNTY
8151 W.Rifleman Ave./Boise,Idaho 83704
(208)377-2700
WARRANTY DEED
For Value Received Dennis K Andrews and Ellen J Andrews,husband and wife
hereinafter referred to as Grantor,does hereby grant,bargain,sell,warrant and convey unto
Jamco Investments,LLC, Premier Holdings,Inc.,Jeffrey Majors and Kamron Abdo
hereinafter referred to as Grantee,whose current address is 3211 N Milwaukee,Boise,Idaho 83704
the following described premises,to-wit:
SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF.
To HAVE AND TO HOLD the said premises,with their appurtenances unto the said Grantee,his heirs
and assigns forever. And the said Grantor does hereby covenant to and with the said Grantee,that Grantor
is the owner in fee simple of said premises;that said premises are free from all encumbrances except current
years taxes, levies, and assessments, and except U.S. Patent reservations,restrictions, easements of record,
and easements visible upon the premises, and that Grantor will warrant and defend the same from all claims
whatsoever.
Dated: May 24,2004
oo
oz�e�--- * _01.11��
Dennis K Andrews f Ellen J ews
STATE OF IDAHO. County of AD,ss.
On this 24TH day of MAY,in the year of 2004,before me THE UNDERSIGNED,notary public
personally appeared Dennis K Andrews AND Ellen J Andrews known or identified to me to be the
person/persons whose name is/are subscribed to the within instrument,and acknowledged to me that
he/she/they executed the same.
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. P UB OReBo• a Idaho
.9�ECo expires: August 21,2007
1
EXHIBIT A
A parcel of land in the Northwest quarter of Section 24,Township 3 North,Range 1 West,Boise
Meridian,Ada County,Idaho,more particularly described as follows:
Commencing at the Section Corner common to Sections 13, 14,23 and 24,Township 3 North,
Range 1 West,Boise Meridian;thence
South 89 degrees 54'East,along the section line common to Sections 13 and 24,a distance of
218.00 feet;thence
South 0 degree 15;West 199.81 feet;thence
North 89 degrees 57'West 218.00 feet to the section line common to Sections 23 and 24;thence
North 0 degree 15' East along said Section Line 200.00 feet to the Point of Beginning.
ALSO
A parcel of land in the Northwest quarter of Section 24,Township 3 North,Range 1 West,Boise
Meridian,Ada County,Idaho,more particularly described as follows:
Commencing at the Section Corner common to Sections 13, 14,23 and 24,Township 3 North,
Range 1 West,Boise Meridian;thence
South 0 degree 15'West,along the section line common to Sections 23 and 24,a distance of
200.00 feet to the Real Point of Beginning;thence continuing
South 0 degree 15'West,along said section line 200.00 feet;thence
East 218.00 feet;thence
North 0 degree 15'East 199.81 feet;thence
North 89 degrees 57'West 218.00 feet to the Real Point of Beginning.
Affects: Parcel Nos.: S1224223490,51224223530
A portion of the Northwest quarter of the Northwest quarter of Section 24,Township 3 North,
Range 1 West,Boise Meridian,Ada County,Idaho,described as follows:
Beginning at the Northwest corner of said Section 24;thence
South 89 degrees 54'East 218 feet to the Real Point of Beginning;thence
Easterly 25 feet to a point that is located on the centerline of Overland Road;thence
South 0 degree 15'West 399.44 feet;thence
West 25 feet,more or less,to a point that is
South 0 degree 15'West,400 feet and
South 89 degrees 57'East,218 feet of said Northwest corner of Section 24;thence
North 0 degree 15'East to the Real Point of Beginning.
EXCEPT ditch and road rights-of-way.
Affects: Parcel No. S 1224223470
A tract of land lying in the North half of the Northwest quarter of Section 24,Township 3 North,
Range 1 West,Boise Meridian,in Ada County,Idaho,described as follows:
Beginning at the Northwest corner of said Section 24;thence
South 0 degree 15'West a distance of 400 feet;thence
East 243 feet to the Real Point of Beginning;thence
East 109.10 feet;thence
North 0 degree 15'East 399.44 feet;thence
North 89 degrees 54'West 109.10 feet;thence
South 0 degree 15'West 399.66 feet to the Point of Beginning.
Affects: Parcel No. 51224223450