Doc_Warranty Deed - Brightstar Overland V1ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT 18.00 6
BOISE IDAHO 03116105 04:27 PM
DEPUTY Neava Haney III IIIIIIIII I II IIIIIIIII I II I IIIII I III
RECORDED —REQUEST OF 105031863
After' Recording, Return to: Stewart Title Company
Kimbal Properties Limited Partnership
P.O. Box 8204
Boise, ID 83707
G PSs
403`33`7a JWI LK
WARRANTY DEED
Corporate
The Terteling Company, Inc., a Corporation duly organized and existing under and by virtue of
the laws of the State of Idaho, with its principal office at 3823 N. 36`h Street, Boise ID 83703, the
Grantor, hereby CONVEYS or GRANTS and WARRANTS unto
Kimball Properties Limited Partnership, an Idaho Limited Partnership
the Grantee, whose current address is P.O. Box 8204, Boise ID 83707,
the following described premises, to wit:
See Exhibit "A" attached hereto
Parcel Number: S 1117449560, S 1117449302, R6744800192
SUBJECT TO the title matters set forth on Exhibit `B" attached hereto.
TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said
Grantee, their heirs and assigns forever. And the said Grantor does hereby covenant to and with
the said Grantee, that it is the owner in fee simple of said premises, that said premises are free
from all encumbrances (except as set forth in Exhibit "B" attached hereto) and that Grantor 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
subscribed by its authorized officers, this 161h day of March, 2005.
The Terteling Company, Inc., an Idaho Corporation
By:
rG+'
J. L. Terteling
President
STATE OF Idaho )
) ss.
COUNTY OF Ada )
On this 161h day of March, 2005, before me, the undersigned, a Notary Public, in and for said
State, personally appeared J. L. Terteling, known to me, and/or identified to me on the basis of
satisfactory evidence, to be the President of the corporation that executed the instrument and that
the foregoing instrument was signed on behalf of said corporation by authority of a resolution of
its board of directors and acknowledged to me that such corporation executed the same.
W TNESS PAY HAND AND OFFICIAL SEAL.
Notary Public: (_l r L, 111--Ci /'-4 RP�R
Residing at: Meridian, Idaho `�NQPM p -'ao '
My Commission Expires: May 28, 2005 N01 `Op,\'t0
SIN �
Meridian; thence
South 89'46' 18" West 802.64 feet along the South line of said Section 17 to a point; thence
North 00°07' 14" West 70.00 feet to a point on the Northerly right of way of Overland Road,
THE REAL POINT OF BEGINNING of this description; thence
South 89°46' 18" West 175.00 feet along said right of way to a point; thence
North 00°07' 14" West 148.00 feet to a point on the boundary of Overland Way Subdivision;
Thence
North 89'46' 18" East 175.00 feet along said boundary to a point; thence
South 00°07' 14" East 148.00 feet to THE REAL POINT OF BEGINNING of this description.
PARCEL IV:
A parcel of land being Parcel `B" as shown on Record Of Survey No. 5971, Ada County
Recorders Office, a portion of Lot 19, Block 1 of Overland Way Subdivision, said parcel located
in the Southeast quarter of Section 17, Township 3 North, Range 1 East of the Boise Meridian,
Ada County, Idaho, being more particularly described as follows:
Commencing at the Southeast corner of Section 17, Township 3 North, Range 1 East, Boise
Meridian; thence
South 89'46' 18" West 676.80 feet along the South line of said Section 17 to a point; thence
North 00°06' 14" West 70.00 feet to a point on the Northerly right of way of Overland Road,
THE REAL POINT OF BEGINNING of this description; thence
South 89'46' 18" West 125.86 feet along said right of way to a point; thence
North 00'07' 14" West 148.00 feet to a point on the boundary of Overland Way Subdivision;
Thence
North 89046' 18" East 125.90 feet along said boundary to a point; thence
South 00°06' 14" East 148.00 feet to THE REAL POINT OF BEGINNING of this description.
Stewart Title of Boise, Inc. File Number: 4033372jw/Im
Legal Description
EXHIBIT "A"
Order Number: 4033372
PARCEL I:
A parcel of land being that parcel as shown on Record Of Survey No. 3086, Ada County
Recorders Office, said parcel located in the Southeast Quarter of Section 17, Township 3 North,
Range 1 East of the Boise Meridian, Ada County, Idaho, being more particularly described as
follows:
Commencing at the Southeast corner of Section 17, Township 3 North, Range 1 East, Boise
Meridian; thence
South 89046' 18" West 676.80 feet along the South line of said Section 17 to a point; thence
North 00°06' 14" West 70.00 feet to a point on the Northerly right of way of Overland Road,
THE REAL POINT OF BEGINNING of this description; thence
North 00°06' 14" West 734.37 feet along the Easterly boundary of Overland Way Subdivision to
A point on the Southerly right of way of Interstate 84; thence
South 79°23'26" East 79.57 feet along the Southerly right of way of Interstate 84 to a point;
Thence
North 89°19'30" East 466.94 feet along the Southerly right of way of Interstate 84 to a point;
Thence
South 44°58'24" East 69.87 feet along the Southerly right of way of Interstate 84 to a point on
The Westerly right of way of Eagle Road; thence
South 00°40'30" East 653.43 feet along the Westerly right of way of Eagle road to a point;
Thence
South 44*33' 19" West 28.21 feet along the Westerly right of way of Eagle Road to a point on the
Northerly right of way of Overland Road; thence
South 89°46' 18" West 84.97 feet along said Northerly right of way to a point; thence
North 00°40'38" West 370.00 feet to a point; thence
South 89'46' 18" West 57.90 feet to a point; thence
South 21°34' 18" West 230.00 feet to a point; thence
South 29°14'42" East 94.07 feet to a point; thence
South 00°40'38" East 74.17 feet to a point on the Northerly right of way of Overland Road;
Thence
South 89'46' 18" West 396.10 feet to THE REAL POINT OF BEGINNING of this description.
PARCEL II:
A parcel of land being the excluded parcel as shown on Record Of Survey No. 3086, Ada County
Recorders Office, said parcel located in the Southeast quarter of Section 17, Township 3 North,
Range 1 East of the Boise Meridian, Ada County, Idaho, being more particularly described as
follows:
Commencing at the Southeast comer of Section 17, Township 3 North, Range 1 East, Boise
Meridian; thence
South 89'46' 18" West 180.00 feet along the South line of said Section 17 to a point; thence
North 00°40'38" West 70.00 feet to a point on the Northerly right of way of Overland Road,
THE REAL POINT OF BEGINNING of this description; thence
South 89'46' 18" West 100.00 feet along said Northerly right of way to a point; thence
North 00°40'38" West 74.17 feet to a point; thence
North 29°14'42" West 94.07 feet to a point; thence
North 21'34' 18" East 230.00 feet to a point; thence
North 89'46' 18" East 57.90 feet to a point; thence
South 00°40'38" East 370.00 feet to THE REAL POINT OF BEGINNING of this description.
PARCEL III:
A parcel of land being Parcel "A" as shown on Record of Survey No. 5971, Ada County
Recorders Office, a portion of the Southeast quarter of Section 17, Township 3 North, Range 1
East of the Boise Meridian, Ada County, Idaho, being more particularly described as follows:
Commencing at the Southeast corner of Section 17, Township 3 North, Range 1 East, Boise
Stewart Title of Boise, Inc. File Number: 4033372jw/im
EXHIBIT "B"
1. General taxes for the Year 2005, a Lien not yet due and payable.
2. General Taxes which may be assessed and extended on any "subsequent" or "occupancy"
Tax Roll for the current tax year and previous tax years with respect to improvements
completed during current and previous years which may escape assessment of the regular
Tax Roll; which are a Lien not yet due or payable.
Water rights, claims or title to water.
4. Unpatented mining claims; reservations or exceptions in patents or in acts authorizing the
issuance thereof.
Sewer charges and Special Assessments powers of the City of Meridian.
6. Liens and Assessments of the Nampa -Meridian Irrigation District, and the rights, powers
and easements of said District as by law provided.
7. The effect and conditions contained in that certain Nampa -Meridian Irrigation District
Resolution for Order of Exclusion, where subject property is excluded from the
Assessment Rolls of said District for purposes of irrigation only, but not for drainage or
the easement rights of said District; recorded: December 26, 1991, as Instrument No.
9173244, records of Ada County, Idaho.
8. Ditch, road and public utility easements as the same may exist over said premises,
including, but not limited to any right-of-way, if any, for Five Mile Creek.
9. An easement and the terms and conditions thereof; in favor of: Idaho Power Company,
and recorded: August 27, 1964 as Instrument No. 577450, records of Ada County, Idaho.
10. Reservation for easement in Warranty Deed recorded January 30, 1977 as Instrument No.
7805229; re -recorded May 6, 1981 as Instrument No. 8119344, records of Ada County,
Idaho.
11. Easements, reservations, restrictions and dedications, if any, as shown on the official plat
of said subdivision.
12. An easement and the terms and conditions thereof; in favor of: Ada County Highway
District, and recorded: November 4, 1987 as Instrument No. 8761318, records of Ada
County, Idaho.
13. Access restrictions and restrictions on structures placement in Warranty Deed recorded
December 15, 1987 as Instrument No. 8768391, records of Ada County, Idaho.
14. Access restrictions and restrictions on structure placement in Warranty Deed recorded
January 29, 1988 as Instrument No. 8804555, records of Ada County, Idaho.
15. An easement and the terms and conditions thereof; in favor of. State of Idaho, Idaho
Transportation Board, Division of Highways, and recorded: January 19, 1988 as
Instrument No. 8804556, records of Ada County, Idaho.
16. Matters of Survey as shown on Briggs Engineering, Inc. survey recorded January 24,
1995 as Instrument No. 95004480, records of Ada County, Idaho.
17. Permanent Slope Easement Agreement, and the terms and conditions contained therein;
By : The Terteling Company, Inc., an Idaho corporation
and between : Ada County Highway District
Recorded: August 29, 2002 as Instrument No. 102098269, records of Ada County,
Idaho.
18. Matters of Survey as shown on Engineering NorthWest, LLC survey recorded October
31, 2002 as Instrument No. 102127125, records of Ada County, Idaho.
19 Matters of Survey as shown on Stanley Consultants Inc. survey, Job No. 17808 dated
January 18, 2005.
L\8975.044\D0CS\Exhibit B - Exceptions.DOC
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