HomeMy WebLinkAboutAFFIDAVIT - BV Iron Horse 1_Affidavit 1_02102021Affidavit of legal Interest
City of Rexburg
35 North 10 East Phone: 208.359.3020
Rexburg, ID 83440 www.rexburg.org Fax: 208.359.3022
State of Idaho
County of Madison
@I
I, Cortney Liddiard, as President and in behalf of BV Management Services, Inc., the Manager of
Iron Horse Properties I, LLC (the "Company") in
Idaho Falls
Idaho
Citv State
Being first duly sworn upon oath, depose and say:
C I T Y O F
REXBURG
-irR�f iwlS �irriitV (141111H1111 �{
(If Applicant is also Owner of Record, skip to B) the Company grants its
the Company is
1. 'I'hat the record owner of the property described on the attached, and+;4 permission to:
Caden Fuhriman with Horrocks Engineers 2194 Snake River Parkway, Ste 205, Idaho Falls, ID 83402
Name .-Address
to submit the accompanying application pertaining to that property.
The Company agrees
B. 1__?� to indemnify, defend and hold Rexburg City and its employees harmless from any claim or liability
resulting from any dispute as to the statements contained herein or as to the ownership of the property
which is the subject of the application.
Dated this I e7 =` day of February 20 21
J
Signature
Subscribed and sworn to before me the day and year first4bowe written.
State of Idaho )
County of Bonneville )
e—�
CLAY HANSEN Notan Pu he of Idaho
COMMISSION NO. 68878
NOTARY PUBLIC Residing at: Ammon, ID
STATE OF IDAHO
MY COMMISSION EXPIRES 11122/22 NIy commission expires:Z—
Exhibit to Affidavit of Legal Interest
By Iron Horse Properties I, LLC
Property Description
A parcel of land located in Southeast Quarter of Section 35, Township 6 North, Range 39 East, Boise
Meridian, Madison County, Idaho more particularly described as follows:
Commencing at the East Quarter corner of said Section 35, being marked by a brass cap inside a survey
vault as shown on Corner Perpetuation and Filing, Instrument No. 392495, said point being the Point of
Beginning; thence along the East line of said Section 35, South 00°24'21" East 581.20 feet; thence
parallel with the Latitudinal centerline of Section 35, South 89°55'31" West 599.59 feet; thence parallel
with the East line of Section 35, North 00°24'21" West 581.20 feet to said Latitudinal centerline of
Section 35; thence along said Latitudinal centerline, North 89°55'31" East 599.59 feet to the Point of
Beginning.
After recording, return to
Iron Horse Properties I, LLC
Attn: The] Casper
Post Office Box 51298
Idaho Falls, Idaho 83405
Microfile No. 435526
12 DAY Nov 2020
At 04 O'Clock 52 PM
KIM H. MUIR
MADISON CO RECORDER
Fee $15.00
Deputy
Recorded of Request of
FIRST AMERICAN TITLE - REXBURG
Space reserved for use by Recorder
First American Z"itle Company WARRANTY DEED
THIS INDENTURE is made as of November a2, 2020, by EDK PROPERTIES LLC, an
Idaho limited liability company, the "Grantor", to IRON HORSE PROPERTIES I, LLC, an
Idaho limited liability company, whose mailing address is PO Box 51298, Idaho Falls, Idaho
83405, the "Grantee".
WITNESSETH:
That the Grantor, for and in consideration of the sum of TEN DOLLARS ($10.00) lawful
money of the United States of America, and other good and valuable consideration, to the
Grantor in hand paid by the Grantee, the receipt whereof is hereby acknowledged, has granted,
bargained, sold, and by these presents does grant, bargain, sell, convey and confirm unto the
Grantee, and to the Grantee's successors and assigns forever, all of the following described real
property in the County of Madison, State of Idaho, described in the attached Exhibit "A" subject
only to the matters set forth in the attached Exhibit "B".
TOGETHER WITH the tenements, hereditaments and appurtenances thereunto belonging
or in anywise appertaining, and any reversions, remainders, rents, issues and profits therefrom;
and all estate, right, title and interest in and to the property, as well in law as in equity, of the
Grantor.
TO HAVE AND TO HOLD the property and the appurtenances unto the Grantee, and to
the Grantee's successors and assigns forever. The Grantor and the Grantor's successors shall
warrant and defend the property in the quiet and peaceable possession of the Grantee and the
Grantee's successors and assigns, against the Grantor and the Grantor's successors, and against
every person whomsoever who lawfully holds (or who later lawfully claims to have held) rights
in the property as of the date hereof, subject to the matters set forth above.
In construing this deed and where the context so requires, the singular includes the plural.
IN WITNESS WHEREOF, the Grantor has executed the within instrument the day and
year first above written.
435526
After recording, return to:
Iron Horse Properties I, LLC
Attn: Thel Casper
Post Office Box 51298
Idaho Falls, Idaho 83405
ID: TJP— - - --- - -- ---
County:
��11L-`i-------
Date:J) ' Time: �-
Space reserved for iuse by Recorder
First American Title Company WARRANTY DEED
THIS INDENTURE is made as of November _'L., 2020, by EDK PROPERTIES LLC, an
Idaho limited liability company, the "Grantor", to IRON HORSE PROPERTIES I, LLC, an
Idaho limited liability company, whose mailing address is PO Box 51298, Idaho Falls, Idaho
83405, the "Grantee".
WITNESSETH:
That the Grantor, for and in consideration of the sum of TEN DOLLARS ($10.00) lawful
money of the United States of America, and other good and valuable consideration, to the
Grantor in hand paid by the Grantee, the receipt whereof is hereby acknowledged, has granted,
bargained, sold, and by these presents does grant, bargain, sell, convey and confirm unto the
Grantee, and to the Grantee's successors and assigns forever, all of the following described real
property in the County of Madison, State of Idaho, described in the attached Exhibit "A" subject
only to the matters set forth in the attached Exhibit `B".
TOGETHER WITH the tenements, hereditaments and appurtenances thereunto belonging
or in anywise appertaining, and any reversions, remainders, rents, issues and profits therefrom;
and all estate, right, title and interest in and to the property, as well in law as in equity, of the
Grantor.
TO HAVE AND TO HOLD the property and the appurtenances unto the Grantee, and to
the Grantee's successors and assigns forever. The Grantor and the Grantor's successors shall
warrant and defend the property in the quiet and peaceable possession of the Grantee and the
Grantee's successors and assigns, against the Grantor and the Grantor's successors, and against
every person whomsoever who lawfully holds (or who later lawfully claims to have held) rights
in the property as of the date hereof, subject to the matters set forth above.
In construing this deed and where the context so requires, the singular includes the plural.
IN WITNESS WHEREOF, the Grantor has executed the within instrument the day and
year first above written.
GRANTOR:
EDK PROPERTIES LLC
By:� l
Doug Kauer, Manager
STATE OF IDAHO )
)ss.
County of (YA A,—\ 1,50A )
On this J'�L day of MQIMM%y , Uo , before me the undersigned, a notary
public in and for said State, personally appeared Doug Kauer, known or identified to me to be a
Manager in the limited liability company of EDK Properties LLC, and the Manager or one of the
Managers who executed the foregoing instrument on behalf of said limited liability company,
and acknowledged to me that such Manager executed the same in said limited liability company
name.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year in this certificate first above written.
MARSBER 46925
BLICahos 04/14/2024
2 — WARRANTY DEED
Notary Pu >.c Tor Idaho /�
My Commission Expires: Z-
Warranty Deed — Exhibit A
A parcel of land located in Southeast Quarter of Section 35, Township 6 North, Range 39 East,
Boise Meridian, Madison County, Idaho more particularly described as follows:
Commencing at the East Quarter corner of said Section 35, being marked by a brass cap inside a
survey vault as shown on Corner Perpetuation and Filing, Instrument No. 392495, said point
being the Point of Beginning; thence along the East line of said Section 35, South 00°24'21"
East 581.20 feet; thence parallel with the Latitudinal centerline of Section 35, South 89°55'31"
West 599.59 feet; thence parallel with the East line of Section 35, North 00°24'21" West 581.20
feet to said Latitudinal centerline of Section 35; thence along said Latitudinal centerline, North
89°55'31" East 599.59 feet to the Point of Beginning.
Parcel contains 8.000 acres, more or less.
Together with Idaho State Water Right No. 22-11630, 1.5 shares in Rexburg Irrigation
Company, and 4.4 acre-feet of water in Fremont -Madison Irrigation District. The Grantor agrees
to execute and deliver to the Grantee a stock certificate assignment, a notice of assignment and
any other documents or instruments necessary or appropriate to convey such water rights to the
Grantee.
3 — WARRANTY DEED
Warranty Deed — Exhibit B
Real property taxes and assessments for 2020 are paid in full.
2. Levies and assessments of Fremont -Madison Irrigation District.
Reservations in United States Patent, recorded in Book 42, of Patents, Page 38.
4. Reservations in United States Patent, recorded in Book 37, of Patents, Page 397.
Right-of-way or easement of University Boulevard and South 12th West.
Matters that would be disclosed by a survey of the property.
4 — WARRANTY DEED