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HomeMy Public PortalAbout1997.03.26 Right of Way Grant Deed - Michael & Diane Loganflit* V-151). GRANT DEED GRANTING RIGHT-OF-WAY For and in consideration of FOUR THOUSAND TWO HUNDRED FIFTY EIGHT and 00/100 dollars ($4,258.00) and other valuable consideration in hand received, MICHAEL and DIANE LOGAN, husband and wife, Grantors, 963 Grange Hall Road, Cardiff, California, convey, dedicate, and grant to the CITY OF McCALL, an Idaho municipal corporation, Grantee, a right-of-way in fee simple determinable in, across and under the following described property, for a public road, underground utilities, and other common road right-of-way uses (referred to below as "Right -of -Way"): See legal description, Exhibits A; and as depicted on drawing, Exhibit B. and Grantors covenant that Grantor is possessed of a fee simple estate in the land and has all authority necessary to grant this Right -of -Way. Dated: 3/24 / , 1997 /- - M {AEL LOGAN/ State of CAL/FoR/Jig A County of- 1/E6 O hi (0.�l ofG in the year 1997, before me, J/i7"y --? rrotary public, personally MICHAEL LOGAN, known or identified to me to be the person whose name is subscribed to the within instrul}ent, and acknowledged to me that he executed the same. N ary Public fordo F My commission expires: CP- Z 3- e- e ss. DIANE LOGAN --efe24-k) State of �l'LJ perg/,1)06i 66)Dss. County of . his.zw d /LOW OFFICIAL SEAL FERNANDO SANCHEZ NOTARY PUBLIC -CALIFORNIA COMM. NO. 1102963 SAN DIEGO COUNTY MY COMM. EXP. JUNE 23, 2000 . in the year 1997, before me, otary public, personally DIANE LOGAN, known or identified to me to be the person whose name is subscribed to the within instrume t, and acknowledged to me that she executed the same. Grant Deed Granting Right -Of -Way N�Public for ItITEITT My commission expires: CO — a 3 ?""errt OFFICIAL SEAL FERNANDO SANCHEZ NOTARY PUBLIC -CALIFORNIA COMM. NO. 1102963 SAN DIEGO COUNTY MY COMM. EXP. JUNE 23, 2000 Page 1 ACCEPTANCE OF DEDICATIONS This is to certify that on I 11_, 1997 , the City of McCall by action of its Mayor and Council accepted the foregoing dedication. gated: 1,11-q-7 Attest: 4,1 James H. Henderson, City Clerk M. Killen, Mayor cco rn Grant Deed Granting Right -Of -Way Page 1 PROJECT: 92067 DATE: January 14, 1997 PAGE: 1 of 1 EXHIBIT A ROAD RIGHT-OF-WAY MICHAEL & DIANE LOGAN TO THE CITY OF McCALL A parcel of land situated in the NW% of the SW'% of Section 3, T.18N., R.3E., B.M., Valley County, Idaho, included within a strip of land 15.00 feet in width, more particularly described as follows: The northerly 15.00 feet of Lot 20 of 19th Hole Estates, according to the Official Plat thereof Recorded in Book 5 of Plats at Page 33, Valley County Records. CONTAINING 1,125 square feet, more .or less. SUBJECT TO all Covenants, Rights, Rights -of -Way and Easements of Record. EXHIBIT "B" attached, and by this reference made a part hereof. D:\00099\ W PF ILES\ L OT2ORO W .LEG EXHIBIT B" ROAD RIGHT—OF—WAY MICHAEL & DIANE LOGAN TO THE CITY OF McCALL CHIPMUNK LANE •s) NO0*07'50" E 58952'10"E 75.00' '• 1////. /// ////7/ f S8952'10" E 75.00' • EXISTING 6' DRAINAGEi Co & UTILITY EASEMENT. 20 XD S89•59.26"E 75.00' N0007'50" E CA FAIRWAY DRIVE A PORTION OF LOT 20, 19TH HOLE ESTATES BK. 5 OF PLATS, PG. 33 21 TOOTHMAN—ORTON ENGINEERING CO. ENGINEERS • SURVEYORS • PLANNERS 9777 CHINDEN BOULEVARD • BOISE, IDAHO 83714-2008 PHONE: 208-323-2288 • FAX: 208-323-2399 E-F1LE: 0:\00499VARRICOAC DATE: 01/14/97 .0/1 92067 SCHEDULE A File Number:845B Policy Number: J616454 Amount: $4,258.00 Premium $150.00 Policy Date: April 25, 1997 at 2:46 p.m. 1. Name of Insured: THE CITY OF MCCALL, an Idaho municipal corporation 2. The estate or interest in the land which is covered by this policy is: Fee 3. Title to the estate or interest in the land is vested in: The named insured 4. The land referred to in this policy is situated in the county of Valley, State of Idaho and is described as follows: The Northerly 15 feet of Lot 20 of 19th Hole Estates, according to the official plat thereof, on file and of record in the office of the Recorder, Valley County, Idaho, in Book 5 of Plats, at Page 33. This policy valid only if Schedule B is attached SCHEDULE B File Number:845B Policy Number: J616454 EXCEPTIONS FROM COVERAGE This policy does not insure against Toss or damage (and the Company will not pay costs, attorney's fees or expenses) which arise by reason of: PART! Section 1 1. Taxes or 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. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. Unpatented mining claims: reservations or exceptions in patents or in acts authorizing the issuance thereof: water rights, claims, or title to water. 6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. (Continued) SCHEDULE B (Continued) File Number:845B Policy Number: J616454 Section 2 7. Easements on the recorded plat of said subdivision. 8. Sanitary Restriction recorded September 9, 1978, Instrument No.97074. 9. Covenants, Conditions and Restrictions recorded as Instrument no.85578, but deleting any covenant, condition or restriction -indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, or national origin to the extent such covenants, conditions or restrictions violate 42 USC 3604(c). 10. Petition for Exclusion of Property from Payette Lakes Water and Sewer District Pursuant to I.C. #42-3219 and Order Accepting Petition for Exclusion of Certain Lands form the District recorded September 27, 1982, instrument no. 120594. 19 EXHIBIT "B" ROAD RIGHT—OF—WAY MICHAEL & DIANE LOGAN TO THE CITY OF McCALL CHIPMUNK LANE :9 58952'10"E 75.00' ij- S8952'10" E 75.00' i— EXISTING 6' DRAINAGE -1 & UTILITY EASEMENT. 20 co S89`59'26" E 75.00' NOO^O7'50"E t• CA FAIRWAY DRIVE A PORTION OF LOT 20, 19TH HOLE ESTATES BK, 5 OF PLATS, PG. 33 r) ' TOOTHMAN—ORTON ENGINEERING CO. ENGINEERS • SURVEYORS • PLANNERS 9777 CHINDEN BOULEVARD • BOISE, IDAHO 83714-2008 PHONE: 208-323-2288 • FAX: 208-323-2399 E-F1LE 0\D0099VISTMING :.'0ATE: 01/14/97 X)8 92067 GRANT DEED GRANTING RIGHT-OF-WAY For and in consideration of FOUR THOUSAND TWO HUNDRED FIFTY EIGHT and 00/100 dollars ($4,258.00) and other valuable consideration in hand received, MICHAEL and DIANE LOGAN, husband and wife, Grantors, 963 Grange Hall Road, Cardiff, California, convey, dedicate, and grant to the CITY OF McCALL, an Idaho municipal corporation, Grantee, a right-of-way in fee simple determinable in, across and under the following described property, for a public road, underground utilities, and other common road right-of-way uses (referred to below as "Right -of -Way"): See legal description, Exhibits A; and as depicted on drawing, Exhibit B. and Grantors covenant that Grantor is possessed of a fee simple estate in the land and has all authority necessary to grant this Right -of -Way. Dated: 3L2 / .1997 lyetiAEL LOGXN State of CAL/ F --0-R N/ A J1CA� DIANE LOGAN ss. County of<-) O hi a qi of A7Z6 ' , in the year 1997, before me, Jftr' ci c -?—notary public, personally MICHAEL LOGAN, known or identified to me to be the person whose name is subscribed to the within instruent, and acknowledged to me that he executed the same. 67-1-6 State of Prg./0%)A sm- //ct pss. County of this d �q` v ` , in theally yearDI1997, beforeOGme, ��-2/J if//114 irotary public, personANE LAN, known or identified to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that she executed the same. Nc�l£ary Public for ��Z N " My commission expires: deb OFFICIAL SEAL FERNANDO SANCHEZ NOTARY PUBLIC•CALIFORNI, , COMM. NO. 1102963 SAN DIEGO COUNTY MY COMM. EXP. JUNE 23, 2000 Grant Deed Granting Right -Of -Way No ary/ublic for ItieclaY My commission expires: CO — 3' 07-6 41) O▪ F▪ FICIAL SEAL FERNANDO SANCHEZ„ NOTARY PUBLIC -CALIFORNIA COMM. NO. 1102963 SAN DIEGO COUNTY MY COMM. EXP. JUNE 23, 2000 Page 1 4. ACCEPTANCE OF DEDICATIONS This is to certify that on 4p..:1 IL 1997 , the City of McCall by action of its Mayor and Council accepted the foregoing dedication. Dated: William M. Killen, Mayor Attt: ames H. Henderson, City Clerk / • • • Grant Deed Granting Right -Of -Way •- • Page 1 PROJECT: 92067 DATE: January 14, 1997 PAGE: 1 of 1 EXHIBIT A ROAD RIGHT-OF-WAY MICHAEL & DIANE LOGAN TO THE CITY OF McCALL A parcel of land situated in the NW% of the SW'% of Section 3, T.18N., R.3E., B.M., Valley County, Idaho, included within a strip of land 15.00 feet in width, more particularly described as follows: The northerly 15.00 feet of Lot 20 of 19th Hole Estates, according to the Official Plat thereof Recorded in Book 5 of Plats at Page 33, Valley County Records. CONTAINING 1,125 square feet, more .or less. SUBJECT TO all Covenants, Rights, Rights -of -Way and Easements of Record. EXIIIBIT "B" attached, and by this reference made a part hereof. D:1000991WPFILESNLOT2OROW.LEG 19 • EXHIBIT "B" ROAD RIGHT—OF—WAY MICHAEL & DIANE LOGAN TO THE CITY OF McCALL CHIPMUNK LANE S8952'10" E 75.00' S89'5210" E 75.00' EXISTING 6' DRAINAGE & UTILITY EASEMENT. N00•07'50" E 20 S8959'26" E 75.00' CA FAIRWAY DRIVE A PORTION OF LOT 20, 19TH HOLE ESTATES BK. 5 OF PLATS, PG. 33 u) TOOTHMAN—ORTON ENGINEERING CO. ENGINEERS • SURVEYORS • PLANNERS 9777 CHINDEN BOULEVARD • BOISE, IDAHO 83714-2008 PHONE: 208-323-2288 • FAX: 208 -323- 2399 E -F111: DA00099VARRIC0.0111G DATE: 01/14/97 se 92067 CLOSING ESCROW INSTRUCTIONS First American Title Co. of Valley County, an LLLC. P.O. Box 2047 - VILLAGE SQUARE MCCALI., ID 83638 (208)634-4705 - FAX (208)634-4405 ESCROW NO. 845B -USB ORDER NO. 845B CLOSING DATE: BUYER: City of McCall TO: First American Title Co. of Valley County, an I.L.L.C., McCall, Idaho 83638 I hereby agree to purchase the hereinafter described property for a total consideration of $4,258.00, and will on or before hand you said consideration, which is payable as follows: Buyer will hand you initial deposit in the amount of Prior to close of escrow, buyer will deposit an additional amount of 4,258.00 TOTAL CONSIDERATION 14,258.00 Buyer will deliver a cashier's check payable to First American Title Co. of Valley County, an I.L.L.C. in the amount of $4,258.00, or wire funds to one of the following banks: ABA # 123103729, U.S. Bank of Idaho, Boise, ID for further credit to First American Title Co. of Valley County, an I.L.L.C., McCall Branch, Acct. #3347813317 or ABA # 124101555, Key Bank of Idaho, Boise, ID for further credit to First American Title Co. of Valley County, an I.L.L.C., McCall Branch, Acct. # 124550232472 . I will deliver to you any additional funds and execute any instrument which are necessary to comply with the terms hereof, all of which you may use when you hold for me a Grant Deed Granting Right -Of -Way and when you can issue your standard coverage form policy of title insurance with liability of $4,258.00, on the property described on attached Order No. 845B SHOWING TITLE VESTED IN the City of McCall, an Idaho Municipal Corporation FREE FROM ENCUMBRANCES EXCEPT: 1. Paragraphs/Exceptions 1 - 12 of Schedule B - Section 2 of Commitment for Title Insurance, Order No. 845B, a copy of which has been furnished to Seller and Buyer. 2. Other: OTHER INSTRUCTIONS: Page 1 - Closing Escrow Instructions Int. Int. -PRORATE AND/OR ADJUST THE FOLLOWING AS OF : 1. Taxes based on the amount of the last tax statement of the Tax Collector issued prior to the close of escrow. (If the amiiunt of the new tax bill issued by the Tax Collector after close of esL,ow• is more or less than the amount used for proration purposes, the difference, if any, will be adjusted by the parties herein outside of escrow.) Sellers are to forward to buyers any present or future tax bills on property herein. 2. Levies and Assessments of n/a 3. Interest on all existing trust deeds, improvements assessments and/or bonds taken over by buyers. 4. Rental or Lease, per rent or lease statement handed you. 5. Charge the buyer and credit the seller the amount of any funds held in an impound account, if any, in connection with an existing loan. You are to hold for me n/a shares of water stock of the n/a. I hereby agree to hold you harmless from the failure of the transfer of water to myself regardless of the reason or cause. The transfer of water is being done as an accommodation for me. I understand that you have not made a search of the water rights to this land. I further understand that you are not making any representation and warranty concerning said water rights. I hereby agree to pay any charges including usual Buyers escrow fee and any advances and expenses that are properly chargeable to me regardless of the consummation of this escrow. At the close of escrow, you are to deliver all documents, etc., to the persons entitled thereof. GENERAL PROVISIONS All disbursements shall be made by your check. All funds received in this escrow shall be deposited in one or more of your general escrow accounts with any bank doing business in the State of Idaho and may be transferred to any other general escrow account or accounts. Upon specific instruction from all parties to this escrow, you may hold funds as otherwise instructed herein. The expression "close of escrow" means the date on which instruments referred to herein are filed for record unless otherwise indicated herein. Recordation of any instruments delivered through this escrow, if necessary or proper in the issuance of a policy of title insurance called for, is hereby authorized. You are to furnish a copy of these instructions, amendments thereto, closing statements and/or any other documents deposited in this escrow to the lender or lenders, the real estate broker or brokers and/or the attorney or attorneys involved in this transaction upon request of such lenders, brokers or attorneys. Should you, before or after close of escrow, receive or become aware of any conflicting demands or claims with respect to this escrow or the rights of any of the parties hereto, or any money or property deposited herein or effected hereby, you shall have the right to discontinue any or all further acts on your part until such conflict is resolved to your satisfaction, and you shall have the further right to commence or defend any action or proceedings for the determination of such conflict. The parties hereto jointly and severally agree to pay all costs, damages, judgments and expenses, including reasonable attorney's fees suffered or incurred by you in connection with, or arising out of this escrow, including, but without limiting the generality of the foregoing, a suit in interpleader brought by you. If any party to this escrow elects to cancel these instructions because of the failure of any party to comply with any of the terms hereof within the time limits provided herein, said party so electing cancel shall deliver to escrow agent a written notice to the other party and escrow agent demanding that said other party comply with the terms hereof within ten days from the receipt of said notice by escrow agent that these instructions shall hereupon become cancelled. When the written notice is delivered to escrow agent by the party so electing to cancel, escrow agent shall within five days thereafter send a copy of said notice to the other party in the manner provided by law and the usual practices of the escrow agent. In the event said other party shall fail within said ten day period to comply with all of the terms hereof, these instruction shall become cancelled and escrow agent is thereupon authorized: (a) first, to pay to the party electing to cancel any earnest money deposited hereunder by said other party, after deducting any charges; (b) second, to pay to said other party, any other money deposited by said party, after deducting any charges remaining unpaid; (c) third, to pay to the party electing to cancel, deposited hereunder to the party who delivered the same except document executed by more than one party, which shall be marked "cancelled" and retained in the files of escrow agent. Both Seller and Buyer acknowledge by their signatures hereon the following: We/I have been specifically informed that Fust American Title Co. of Valley County, an T T T C. is not licensed to practice law and no legal advice has been offered by First American Title Co. of Valley County, an I T T C. or any of its employees. We/I have been further informed the First American Title Co. of Valley County, an I T L C. is acting only as escrow holder and that it is forbidden by law from offering any advice to any party respecting the merits of this escrow transaction or the nature of the instruments utilized, and that it has not done so. We/I have not been referred by First American Title Co. of Valley County, an I L T C. to any named attorney or attorneys or discouraged from seeking advise of any attorney, but have been requested to seek legal conncel of my own choosing at our/my own expense, if We/I have doubt concern o any aspect of this transaction. I further declare all instruments to which I am a party, if prepared by First American Title Co. of Valley County, an I.L.L.C., have been prepared under the direction of my attorney or myself, and particularly declare that copying legal descriptions from title reports onto forms of deed, etc., or reforming of legal descriptions or agreements is, or will be solely at my direction or request. I have been afforded adequate time and opportunity to read and understand these escrow instructions and all other documents referred to therein. DISCLOSURE OF TAXPAYER IDENTIFICATION NUMBERS Internal Revenue Code Section 6109(h) imposes requirements for furnishing, disclosing, and including taxpayer identification numbers in tax returns to a residential real estate transaction involving seller -provided financing. The parties understand that the disclosure reporting requirements are exclusive obligations between the parties to this transaction and First American Title Co. of Valley County, an I.L.L.C. is not obligated to transmit the taxpayer identification numbers to the Internal Revenue Service or to the parties. First American Title Co. of Valley County, an I.L.L.C. is not rendering an opinion concerning the effect of this law in this transaction, and the parties are not acting on any statements made or omitted by the escrow or closing officer. To facilitate compliance with this law, the parties to this escrow hereby authorize heartland Title & Escrow Co, Inc. to release any party's taxpayer identification number to any requesting party who is a party to this transaction. The requesting parry shall deliver a written request to escrow. The parties hereto waive all rights of confidentiality regarding their respective taxpayer identification numbers and agree to hold First American Title Co. of Valley County, an I.L.L.C. harmless against any fees, costs, or judgments incurred and/or awarded in connection with the release of taxpayer identification numbers. PENALTIES - Penalties for failure to comply will most likely be assessed against the individual taxpayers for failure to provide the information. Any amendments of and/or supplement to any instructions must be in writing. If any "Earnest Money Agreements", "Receipt and Agreements to Purchase" or the like are attached to these instructions and one or more terms of said agreements conflict with or vary from these instructions, these instructions shall, nevertheless, control. The Seller agrees to sell and the Buyer agrees to buy the property herein described upon the terms hereof. Page 2 - Closing Escrow Instructions In Int. BUYERS: City of McCall I/We approve of the foregoing instructions. City of McCall ADDRESS: P.O. Box 1065 McCall ID 83638 J Page 3 -.Closing Escrow Instructions Int. Int. FIRS' MERICAN TITLE CO. OF VALLEY COUNTY, LL.L.C. P.O. Box 2047 - Village Square McCall, Idaho 83638 (208)634-4705 - FAX (208)634-4405 • BUYER(S) CLOSING STATEMENT Escrow Closing Statement of: Seller(s): City of McCall Michael Logan and Diane Logan Property: The Northerly 15.00 feet of Lot 20 of 19th Hole Estates Escrow #: 845B -USB Closing Date: Prorate Date: DESCRIPTION DEBITS CREDITS Sales Price 4,258.00 Owner's Policy of Title Insurance 150.00 Recording Fees - W/D 9.00 Closing Fee 100.00 CASH DUE FROM BUYERS AT CLOSE TOTALS 4.517.00 4.517.00 4.517.00 **************************************************************************************** The Buyer(s) understands the Closing and Escrow Agent has assembled this statement representing the transactions from the best information available from other sources and cannot guarantee the accuracy thereof. This statement is subject to change if the closing date varies or if undisclosed contingencies arise. In the event adjustments in this statement become necessary, you are authorized to make such adjustments and close this escrow. An amended final statement of account will be provided reflecting such adjustments. A11 prorating provided for in the above statement has been computed on the basis of a 365 day year. APPROVED AND ACCEPTED TH DAY OF City of McCall FIRST AMERICAN TITLE CO.OF VALLEY COUNTY, AN I.L.L.C. 199_. Escrow Officer '•v FIRST AMERICAN TITLE CO. OF VALLEY COUNTY, AN LL.L.0 P.O. Box 2047 - Village Square McCall, Idaho 83638 (208)634-4705 - FAX (208)634-4405 BUYER(S) CLOSING STATEMENT ............................ . Escrow Closing Statement of: Seller(s): City of McCall Michael Logan and Diane Logan Property: The Northerly 15.00 feet of Lot 20 of 19th Hole Estates Escrow #: 845B -USB Closing Date: Prorate Date: ***sr**r*s*********************s**********r*rs******************************r****r***** DESCRIPTION DEBITS CREDITS Sales Price 4,258.00 Owner's Policy of Title Insurance 150.00 Recording Fees - W/D 9.00 Closing Fee 100.00 CASH DUE FROM BUYERS AT CLOSE TOTALS 4.517.00 4.517.00 4.517.00 **************************************************************************************** The Buyer(s) understands the Closing and Escrow Agent has assembled this statement representing the transactions from the best information available from other sources and cannot guarantee the accuracy thereof. This statement is subject to change if the closing date varies or if undisclosed contingencies arise. In the event adjustments in this statement become necessary, you are authorized to make such adjustments and close this escrow. An amended final statement of account will be provided reflecting such adjustments. All prorating provided for in the above statement has been computed on the basis of a 365 day year. __.,APPROVED AND ACCEPTED THS DAY OF City of McCall 19 FIRST AMERICAN TITLE CO.OF VALLEY COUNTY, AN I.L.L.C. Escrow Officer COMMITMENT FOR TITLE INSURANCE Issued by First American Title Company of Valley County, an LL.L.C. Pillage Square - P.O. Box 2047 McCall ID 88658 Issuing Agent for. FIRST AMERICAN TITLE INSURANCE COMPANY SCHEDULE A Effective Date: February 27, 1997 at 9:00 a.m. Title Order No. 845B Customer Reference No. 2. Policy (or Policies) to be issued: Policy Amount Premium (a) ALTA OWNER'S POLICY 1987 $ . 4,258.00 $ . 150.00 (Amended 10-17-92)[ X ] Standard [ ] Extended Proposed Insured: CITY OF MCCALL (b) ALTA LOAN POLICY 1987 $ (Amended 10-17-92) [ ] Standard [ ] Extended Proposed Insured: (c) Other: $ Proposed Insured: 3. The estate or interest in the land described or referred to in this Commitment and covered herein is a fee simple, and title thereto is at the effective date hereof vested in: MICHAEL LOGAN and DIANE LOGAN, HUSBAND AND WIFE 4. The land referred to in this Commitment is described as follows: The Northerly 15 feet of Lot 20 of 19th Hole Estates, according to the official plat thereof, on file and of record in the office of the Recorder, Valley County, Idaho, in Book 5 of Plats, at Page 33. THIS COMMITMENT VALID ONLY IF COVER AND SCHEDULE B ARE ATTACHED SCHEDULE B - Section 1 Title Order No. 845B The following requirements must be met: (a) Pay the agreed amounts for the interest in the land and/or the Mortgage to be insured. (b) Pay us the premiums, fees and charges for the Policy. (c) Documents satisfactory to us creating the interest in the land and/or the Mortgage to be insured must be signed, delivered and recorded. (d) You must tell us in writing the name of anyone not referred to in this Commitment who will get an interest in the land or who will make a loan on the land. We may then make additional requirements or exceptions. (e) You must give the following information: 1. Any off record leases, surveys, etc. 2. Statement(s) of identity, all parties. 3. SCHEDULE B - Section 2 Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company: 1. Taxes or 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. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a)Unpatented mining claims; (b) reservations or exceptions in patents or in acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the public records.. 6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 7. Any right, title, or interest in any minerals, mineral rights, or related matters, including but not limited to oil, gas, coal, and other hydrocarbons. (Continued) SCHEDULE B - Section 2 (continued) Title Order No. 845B 8. Taxes for 1997 are an accruing lien and not yet due or payable. 9. Easements on the recorded plat of said subdivision. 10. Sanitary Restriction recorded September 9, 1978, Instrument No.97074. 11. Covenants, Conditions and Restrictions recorded as Instrument no.85578, but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, or national origin to the extent such covenants, conditions or restrictions violate 42 USC 3604(c). 12. Petition for Exclusion of Property from Payette Lakes Water and Sewer District Pursuant to I.C. #42-3219 and Order Accepting Petition for Exclusion of Certain Lands form the District recorded September 27, 1982, instrument no. 120594. NOTE: 1996 Taxes are in the amount of $420.80. Parcel Number RPM01840000200A. NOTE: Pursuant to the State of Idaho insurance regulation: A cancellation fee will be charged on all canceled orders; unless notified to the contrary, all orders shall be canceled and a billing sent within 6 months of the effective date on the commitment. NOTE: Should you have any questions with regard to the items referred to herein, or need copies of said documents, please contact Connie Hendricks or Jo Proctor, Title Officers at First American Title Company of Valley County, an I.L.L.C., at (208) 634-4705. VENDOR # VALLEY COUNTY, IDAHO P.O. BOX 737 CASCADE, IDAHO 83611 208-382-4297 OR 4298 Payto rS'T 541-Ki177 t.e_ Address .7D0 x` Ze' 5.7 City e.,eac /O zip g2 &36 DO NOT USE THIS SPACE BOARD ORDERS ONLY DATE. WARRANT NO All bills against the County must be filed with the County Auditor on or before the Wednesday preceding the Second and Fourth Mondays of each month. ,Date �fr/q7 Description J Amount £1 GAA -E— ->�— C(,8d.r) A : G 20 /94- £ H 6,,-#f 415t5 t 15/7 00 vi I certify that the above account is correct; that t unpaid. All bills against the county are tax exempt. me FOR DEPARTMENTAL USE ONLY Description Authorized Signature Data Allowed Department Head Disallowed $ Chairman, Board of Commissioners TOTAL VS/7 Op hed as stated, and the same is justly due and Reference # Invoice # 19 (Claimant Sign Here) 6citn: ,_ Line Item Code Sub Fund Dept Acct Acct Amount TOTAL