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November 27, 2013     The Adams County Record
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November 27, 2013
 

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The Adams County Record Wednesday, November 27, 2013 Page 15 " Please submit legal notices to legals@theadamscountyrecord.com [ NOTICE - ED 75 10'48" East 573.57 feet to the POINT OF BEGINNING. the office of the Recorder of Valley County, Idaho. ing, using and maintaining roads for vehicular and AND Commencing at the north comer of said Section AND All that certain lot, piece or parcel of land situate in pedestrian ingress and egress, pedestrian pathways, and 8; thence along the west line of the NW of the NE of Valley County, Idaho and shown as Block 19 Tamarack installation and maintenance of the power and other said Section 8 A.) South 007'41" West 1325.76 feet to Resort Planned Unit Development Phase 1 Village save utility lines, laying the utility pipelines and underground the C-N 1/16 comer of said Section 8; thence B.) South and except all platted lots in Tamarack Resort Planned cables and instaUation of the sewage, water, and drain- 89053'46" East 240.24 feet to the POINT OF BEGINNING; Unit Development Phase 1 Village, Tamarack Resort age facilities, over, under, and across that certain real thence, 1.) South 89053'46" East 1162.17 feet; thence, Planned Unit Development Phase 2 Village and Tamarack property more fully described on and created pursuant 2.) South 1532'21" East 288.21 feet; thence, 3.) South Resort Planned Unit Development Phase 3 Village, plats to a document entitled State of Idaho Easement No. 6377 45059"25" East 187.80 feet; thence, 4.) South 000'00" which are recorded in the office of the Recorder of Valley (Golf Course Parcel), by and between the State of Idaho, East 43.69 feet; thence, 5.) South 51007'48" West 302.18 County, Idaho. AND All that certain lot, piece or parcel of Department of Lands, as Grantor and Tamarack Resort feet; thence, 6.) South 20000'03" West 324.47 feet; land situate in Valley County, Idaho and shown as Lots LLC, as Grantee, dated June 20, 2003, and recorded thence, 7.) South 36046"50" West 255.08 feet; thence, 3, 4, 13, 17, 18, 19, 20, 21 and 22 Block 19 Tamarack June 27, 2003, as Instrument No. 273190. The ease- 8.) South 9022'20" West 253.95 feet; thence, 9.) South Resort Planned Unit Development Phase 2 Village, a plat ment provides for constructing, using and maintaining 2015'09" West 213.84 feet; thence, 10.} North 57005"33" which is recorded in the office of the Recorder of Valley roads for vehicular and pedestrian ingress and egress, West 586.31 feet; thence, 1i.) North 8317'17" West County, Idaho. AND All that certain lot, piece or parcel of pedestrian pathways, and installation and maintenance 328.92 feet; thence, 12.) South 75008'04" West 252.38 land situate in Valley County, Idaho and shown as Open of power and other utility lines, laying the utility pipe- feet; thence, 13.) South 78009'30" West 191.69 feet; Spaces A, C and D and Lots 3, 4, 5, 7, 73 and 77 Block lines and underground cables and installation of the thence, 14.) North 36021'59" West 141.59 feet; thence, 10, Tamarack Resort Planned Unit Development Phase sewage, water, and drainage facilities, with ingress and 15.) North 26023'49" East 152.89 feet; thence, 16.) North 2.4, a plat Which is recorded in the office of the Recorder egress to and from a road known as West Mountain Road 6816'04" West 378.45 feet; thence, 17.) North 1143"53" of Valley County, Idaho. AND All that certain lot, piece or which access is provided over and across private roads West 84.70 feet; thence, 18,) North 82023'28" East parcel of land situate in Valley County, Idaho and shown as shown above as Parcel 1C. 162.44 feet; thence, 19.) South 87047'57" East 172.45 as Open Spaces E and F Block 10, Tamarack ResortPARCEL 8: A permanent non-exclusive easement, for feet; thence, 20.) North 6950'16" East 135.18 feet; Planned Unit Development Amended Phase 2.4, a plat the benefit of Parcels IA and 1B above, for construct- thence, 21.) North 82023"28" East 217.18 feet; thence, which is recorded in the office of the Recorder of Valley ing, using and maintaining a road to accommodate 22.) North 7238'14" East 221.45 feet; thence, 23.) North County, Idaho. AND All that certain lot, piece or parcel vehicular access to and construction, maintenance and 1220'03" East 279.94 feet; thence, 24.) North 6026'52" of land, situate in Valley County, Idaho and shown as repair of Grantee's water utility, and installation and West 377.77 feet; thence, 25.) North 22003"29" West Open Spaces G and H, Lot 2 Block 10, Tamarack Resort maintenance of the power and other utility lines, laying 77.55 feet to the POINT OF BEGINNING. Planned Unit Development Second Amended Phase 2.4, the utility pipelines and underground cables and instal- Together with an easement for ingress and egress a 30 a plat which is recorded in the office of the Recorder of lation of sewage, water, and drainage facilities, and a foot wide strip of land, 15 feet either side of the follow- Valley County, Idaho. AND All that certain lot, piece or water storage tank, over, under, and across that certain ing centerline. COMMENCING at the N comer of said parcel of land situate in Valley County, Idaho and shown real property more fully described on and created pursu- Section 5; thence along the north llne of said Section 5, as Tamarack Resort Members Lodge Condominium, nka ant to a document entitled State of Idaho Easement No. A.) South 8927'05" East 842.30 feet; thence depart- Tamarack Resort Lodge at Osprey Meadows a plat which 6379(Ski I-Ifll Parcel), by and between the State of Idaho, ing said section line, B.) South 1938'29" West 371.11 is recorded in the office of the Recorder of Valley County, Department of Lands, as Grantor and Tamarack Resort feet; thence, C.) South 71002'32" East 54.96 feet to the Idaho, save and except Units 201, ,"02, 205, 211, 213, LLC, as Grantee, dated June 20, 2003, and recorded POINT OF BEGINNING; thence, I.) Southwesterly along 215, 218, 220, 301, 302, 305, 311, 313, 318, 320, 401, June 27, 2003, as Instrument No. 273187, with ingress a curve to the left with a radius of 80.00 feet, an arc 402, 403, 404, 405, 406, 413, 414, 415, 416, 417 and and egress to and from a public road know as West length of 68.91 feet through a central angle of 4850"21" 419 and also except L1-01, L1-02, L1-04, L1-06, LI-07, Mountain Road which access is provided over and across and a chord bearing and distance of South 023'51" West L1-08, P1-40, P1-41, PI-44, P2-01 and P2-04. private roads as shown above as Parcel 1C. 66.15 feet; thence tangent from said curve. 2.) South Together with a non-exclusive easement of access, EXHIBITB-2 2401'19" East 54.34 feet to the beginning of a tangent ingress and egress over all Roadways and Association STATE LEASED PROPERTY curve; thence, 3.) Southeasterly along said curve to the Facilities, as such term is defined in the Declaration PARCEL IA INTENTIONALLY OMITTED. left with a radius of 84.00 feet an arc length of 31:84 defined below, along with all other easements which PARCEL IB INTENTIONALLY OMITTED. feet, through a central angle of 2143'14" and a chord benefit the Property, as such term is defined in the PARCEL IC INTENTIONALLY OMITIED. bearing and distance.of South 3452"56"'East 31.65 feet; Declm'ation defined below, and set forth in the Second PARCEL 2 INTENTIONALLY OMITTED. thence, 4.) Southwesterly along said curve to hhe right Amended and Restated General Declaration for Tamarack PARCEL 3 INTENTIONALLY OMr[TED. with a radius of 130.00 feet, an arc length of 211.53 feel Resort, recorded as Instrument No. 308530, recorded in PARCEL 4 The following parcels of land lying within through a central angle of 9313'42" and a chord bear- the office of the Recorder of Valley County, Idaho (the Valley County, Idaho: NW NE and W 1/z NE NE ing and distance of South 052"18" West 188.95 feet; "Declaration") . Section 8, Township 15 North, Range 3 East, Boise thence, tangent from said curve, 5.) South 4729"09" PARCEL IC Meridian, Valley County, Idaho; AND All of Section 36 West 163.59 feet to the beginning of a tangent curve; All private roads, drives, courts, places, and driveways, lying within the boundaries of Valley County, Idaho thence, 6.) Southwesterly along said curve to the left shown on the following recorded plats: Tamarack Resort Township 16, North Range 2 East, Boise Meridian, Valley with a radius of 350.00 feet, an arc length of 183.81 feet, Planned Unit Development Phase 1 Final Plat, recorded County, Idaho; AND Govemment Lots 9 and II; E through a central angle of 3005"23", and a chord bear- November 24, 2003, in the office of the Valley County, SW ; NW SW 1/~ SE 1/~; S ~/~ SW SE Section 19, ing and distance of South 32026'28" West 181.70 feet to Idaho, as Instrtunent No. 278276. AND Tamarack Resort Township 16 North, Range 3 East, Boise Meridian, Valley the POINT OF TERMINATION. Planned Unit Development Amended Phase l, record- County, Idaho; AND All of Section 30, excepting there- Together with a non-exclusive easement of access, ed December 22, 2003, in the office of the Recorder from the NE NE , Township 16 North, Range 3 East, ingress and egress over all Roadways and Association Valley County, Idaho, as Instrument No: 278933. AND Boise Meridian, Valley County, Idaho; AND All of Section Facilities as such term is defined in the Declaration Tamarack Resort Planned Unit Development Phase 2.1, 31, Township 16 North, Range 3 East, Boise Meridian, defined below, along with all other easements which recorded January 10, 2005, in the office of the Recorder Valley County, Idaho. benefit the Property, as such term is defined in the of Valley Coun~r, Idaho, as Instrument No. 291356. AND PARCEL5 INTENTIONALLY OMITI~D. Declaration defined below, and set forth in the Second Tamarack Resort Planned Unit Development Phase 2.2, PARCEL 6 INTENTIONALLY OMITI'ED. Amended and Restated General Declaration for Tamarack recorded March 21, 2005, in the office of the Recorder of PARCEL 7 INTENTIONALLY OMITTED. Resort, recorded as Instrument No. 308530, recorded in Valley County, Idaho, as Instrument No. 293591. AND PARCEL 8 INTENTIONALLY OMITTED. the office of the Recorder of Valley County, Idaho (the Tamarack Resort Planned Unit Development Phase 2.3, PARCEL 9: A permanent easement, for the benefit of "Declaration"). recorded April 26, 2005, in the office of the Recorder of Parcel 4 above, for reconstructing, using and maintain- PARCEL 1-B Valley County, Idaho, as Instrument No. 294839. AND ing a road, over, and across that certain real property All that certain lot, piece or parcel of land situate in Tamarack Resort Planned Unit Development Phase 2.4, more fully described on and created pursuant to a docu- Valley County, Idaho and shown as Open Spaces A, recorded March 24, 2006, in the office of the Recorder ment entitled State of Idaho Easement No. 5706, by and B, C, D, F, G, H and I; Tamarack Resort Planned Unit of Valley County, Idaho, as Instrument No. 307127. between the State of Idaho, Department of Lands, as Development Phase I Pinal Plat, a plat which is recorded AND Tamarack Resort Planned Unit Development Grantor and Franklin B. Edwards, a single man, as pur- in the office of the Recorder of Valley County, Idaho. Amended Phase 2.4, recorded April 24, 2006, in the chaser of certain parcels of land from the estate of Mryn AND All that certain lot, piece or parcel of land situate office of the Recorder of Valley County, Idaho, as Little, and Agnes Brailsford, personal representative of in Valley County, Idaho and shown as Open Space E, Instrument No. 308093. AND Tamarack Resort Planned said estate; Henry J. and Karleen L Grasmick; Glenn Tamarack Resort Planned Unit Development Amended Unit Development Phase 1 ViUage, recorded January Dee and M. Lorene Morrow; Margaret P. Slifka; Executor Phase 1, a plat which is recorded in the office of the I0, 2005, In the office of the Recorder of Valley County, of the Estate of Margaret P. Slllka; Charles E. Syversin; Recorder of Valley County, Idaho. Idaho, as Instrument No. 291350. AND Tamarack Resort Jim E. and Mary L. Waiters, as Grantees, dated March 1, AND All that certain lot, piece or parcel of land situate Planned Unit Development Phase 2 Village, recorded 1995, and recorded March 22, 1995, as Instrument No. in Valley County, Idaho and shown as Lot 61 Block 12, October 18, 2005, in the office of the Recorder of 2 I0173. Said easement provides a permanent easement Lots 84, 85, 85A Block 9, Open Spaces A, B, C, D, and E Valley County, Idaho, as Instrument No. 301733. AND for the purpose of reconstructing, using and maintaining Tamarack Resort Planned Unit Development Phase 2.1, Tamarack Resort Members Lodge Condominium (now a road that provides Ingress and egress to and from a a plat which is recorded in the office of the Recorder of known as Tamarack Resort Lodge at Osprey Meadows), public road known as West Mountain Road. Valley County, Idaho. recorded January 10, 2005, in the office of the Recorder PARCEL 10: (LH-Tamarack Resort, LLC, Tenant and AND All that certain lot, piece or parcel of land sit- of Valley County, Idaho, as Instrument No. 291359. AND State ofldaho, Landlord, Adams County) uate in Valley County, Idaho and shown as Block Tamarack Resort Village Plaza Condominium, recorded All that part of Section 36, TI6N R2E BM lying within 6, Tamarack Resort Planned Unit Development Phase October 18, 2005, in the office of the Recorder of Valley the boundaries of Adams County, Idaho. 2.1, save and except Tamarack Resort Planned Unit County, Idaho, as Instrument No. 301738. EXHIBIT B-3 Development Phase 2.2 and Tamarack Resort Planned Together with a non-exclusive easement of access, OTHER COLLATERAL Unit Development Phase 2.3 plats of which are recorded ingress and egress over all Roadways and Association ALL COLLATERAL (AS DEFINED IN THE TAMARACK in the office of the Recorder of Valley County, Idaho. Facilities, as such terms are defined in the Declaration MORTGAGE) SAVE AND EXCEPT THE FOLLOWING AND All that certain lot, piece or parcel of land situate defined below, along with all other easements which DESCRIBED REAL AND PERSONAL PROPERTY: in Valley County, Idaho and shown as Lot 37B Block 14, benefit the property, as such terms are defined in All that certain lot, piece or parcel of land situate in Open Spaces A, B, C and D Tamarack Resort Planned the Declaration defined below, and set forth in the Valley County, Idaho and shown as Lot 120 Block I0, Unit Development Phase 2.2, a plat which is recorded in Second Amended and Restated General Declaration for Tamarack Resort Planned Unit Development Phase 2.4, the office of the Recorder of Valley County, Idaho. Tamarack Resort, recorded as Instrument No. 308530, a plat which is recorded in the office of the Recorder AND All that certain lot, piece or parcel of land situate recorded in the office of the Recorder of Valley County, of Valley County, Idaho. AND All that certain lot, piece in Valley County, Idaho and shown as Lot 12A Block 5, Idaho (the "Declaration") . or parcel of land, situate in Valley County, Idaho and Open Spaces A, B and C Tamarack Resort Planned Unit PARCEL 2 INTENTIONALLY OMITI~D. shown as Lots 110, 113, 114, 118 and 121 Block I 0, Development Phase 2.3 a plat which is recorded in the PARCEL 3 INTENTIONALLY OMITI"ED. Tamarack Resort Planned Unit Development Second office of the Recorder of Valley County, Idaho. PARCEL 4 INTENTIONALLY OMITTED. Amended Phase 2.4, a plat which is recorded in the AND All that certain lot, piece or parcel of land situate PARCEL 5 INTENTIONALLY OMITTED. office of the Recorder of Valley County, Idaho. AND All in Valley County, Idaho and shown as Lots 1, 2, 5, 6, PARCEL 6 INTENTIONALLY OMITFED. that certain lot, piece or parcel of land situate in Valley 7, 14, and 15 Block 19; Tamarack Resort Planned Unit PARCEL 7: A permanent non-exclusive easement, for Development Phase 1 Village, a plat which is recorded in the benefit of Parcels IA and 1B above, for construct- CONTINUED ON NEXT ])AGE III1~