HomeMy WebLinkAboutDeed - Special Warranty (Corrected) - Rexburg ID v1AFTER RECORDING MAIL TO:
WinCo Foods, LLC
Attn: Legal Department – Real Estate
650 N. Armstrong Place
Boise, ID 83704
Space Above This Line for Recorder’s Use Only
This instrument is being re-recorded to correct an error in the legal description attached to
the original Special Warranty Deed recorded on March 14, 2025, as Instrument No. 466794
in the official records of Madison, County, Idaho.
SPECIAL WARRANTY DEED
(Corrected}
RUSSELL D. SQUIRES, SURVIVING TRUSTEE OF THE RUSSELL D AND DARLA
J SQUIRES REVOCABLE LIVING TRUST DATED MAY 14, 2001, an Oregon revocable living
trust (“Grantor”), in consideration of the sum of Ten Dollars and other good and valuable
consideration, as paid to an accommodator pursuant to an IRC Section 1031 exchange, hereby
sells, transfers, conveys and warrants against all claiming by, through or under Grantor, to WINCO
FOODS, LLC, a Delaware limited liability company (“Grantee”), whose address is 650 N.
Armstrong Place, Boise, Idaho 93704, the following real property situated in Madison County,
State of Idaho:
See Exhibit A attached hereto and incorporated herein by reference.
Together with all rights, benefits, privileges, easements, tenements, hereditaments and
appurtenances thereon or in any way appertaining thereto, including water and mineral rights and
any and all right, title, and interest of Grantor in and to adjacent roads, rights-of-way, and
easements but subject to all exceptions listed on Exhibit B, however, that reference thereto shall
not serve to re-impose the same.
[Signature on next page.]
EXHIBIT A
Legal Description
Part of the Northwest 1/4 of Section 17, Township 6 North, Range 40 East Boise Meridian, City
of Rexburg, Madison County, Idaho, described as follows;
Commencing at the Northwest comer of Section 17, Township 6 North, Range 40 East, being
marked by an aluminum cap as shown on the Comer Perpetuation and Filing, Instrument No.
399694, Thence
S 00°11'00" W along the West line of Section 17,242.75 feet; Thence leaving said section line
N 89°43'49" E, 50.00 feet to a set chiseled X in top of walk, on the east right-of-way of North 2nd
East, also being the True Point of Beginning;
Thence S 00°11'00" W along said right-of-way, 658.06 feet to a set chiseled X in top of walk;
Thence leaving said right-of-way N 89°34'28" E, 235.54 feet to a found 1/2 inch reinforced iron
rod with a plastic cap, marked PLS 13856;
Thence N 00°04'09" E, 282.52 feet to a found 2 inch aluminum cap, marked PLS 10987; Thence
N 89°41'33" E, 521.02 feet to a found 5/8 inch reinforced iron rod;
Thence N 89°48'05" E, 941.45 feet to a set 5/8 inch reinforced iron rod with a plastic cap, marked
PLS 13933;
Thence N 00°08'22" W, 197.59 feet to a set 5/8 inch reinforced iron rod with a plastic cap, marked
PLS 13933;
Thence West, 219.89 feet to a set 5/8 inch reinforced iron rod with a plastic cap, marked PLS
13933;
Thence NORTH, 368.27 feet to a set 5/8 inch reinforced iron rod with a plastic cap, marked PLS
13933, also being the south right-of-way of Moody Highway;
Thence S 89°42'06" W along said right-of-way, 672.30 feet to a point on the east line of Squires
Subdivision No. 2, Instr. # 4621387, also a set a 5/8 inch reinforced iron rod with a plastic cap,
marked PLS 13933;
Thence leaving said right-of-way S 00°15'42" E along said east line of Squires Subdivision No.
2,223.96 feet to a set 5/8 inch reinforced iron rod with a plastic cap, marked PLS 13933, marking
the southeast comer of Squires Subdivision No. 2;
Thence S 89°44'08" W along the south line of Squires Subdivision No. 2, 311.00 feet to a set 5/8
inch reinforced iron rod with a plastic cap, marked PLS 13933, marking the southwest comer of
Squires Subdivision No. 2;
Thence N 00°14'52" W along the west line of Squires Subdivision No. 2, 32.99 feet to the southeast
comer of Squires Subdivision No. 1, Instr.# 459807, and a set chiseled X in top walk;
Thence S 89°44'32" W along the south line of said Squires Subdivision No. 1, 84.19 feet to point
on a curve to the right, also a set chiseled X in top of walk;
Thence along said curve to the right 24.47' (curve data: radius=15.50', delta=90°27'04", chord= N
45°01'56" W, 22.01'), also a set chiseled X in top of walk;
Thence N 00°11'35" E along the west line of Squires Subdivision No. 1, 166.70 feet to the south
right-of- way of Moody Highway, also a set chiseled X in top of walk;
Thence S 89°43'31" W along said right-of-way, 40.70 feet to a point on a non-tangent curve to the
right, also a set chiseled X in top of walk;
Thence leaving said right-of-way, and along said non-tangent curve to the right 13.84' (curve data:
radius=25.50', delta=31°06'14", chord= S 15°22'07" E, 13.67'), also a set chiseled X in top of walk;
Thence S 00°11'00" W, 153.67 feet to a point on a curve to the right, also a set chiseled X in top
of walk; Thence along said curve to the right 24.22' (curve data: radius=15.50', delta=89°32'49",
chord=
S 44°57'24" W, 21.83'), also a set chiseled X in top of walk;
Thence S 89°43'49" W, 341.26 feet to the Point of Beginning.
Parcel containing+/- 18.10 Acres.
Subject to all easements and right-of-way of record.
EXHIBIT B
Permitted Exceptions
1. Any right, title, or interest of the public, county, or highway district to roads or highways
on the premises, whether or not shown by the public records.
2. Ad valorem taxes and special assessments accruing from and after the date of this Deed.
3. Levies and assessments of Fremont-Madison Irrigation District accruing from and after the
date of this Deed.
4. Agreement between Salem Irrigating Canal Company, Teton Island Canal Company,
Wolff Canal Company, David Nelson and Christian Mortensen, recorded on April 16,
1901, in Book 4 of Misc., Page 301.
5. Applicable city and county ordinances and codes on sidewalk requirements per the City of
Rexburg Resolution No. 95-6, recorded May 22, 1995, as Instrument No 256496, and any
amendments thereto.
6. All matters disclosed by survey recorded March 5, 1997, as Instrument No. 265300.
7. Provisions in Grant of Easement to Beehive Federal Credit Union, recorded March 6, 2020,
as Instrument No. 429445.
8. Access and Utility Easement in Warranty Deed to 260 Moody LLC, an Idaho limited
liability company, recorded October 17, 2023, as Instrument No. 458865.