HomeMy WebLinkAboutReso 251 Lessor's Statement
RESOLUTION NO. 25/
BY: (l/zadt"e. !(tPÚ/h,/r-e:.e--
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN,
SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING
THE MAYOR TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN
AGREEMENT ENTITLED "LESSOR'S STATEMENT CONCERNING
AGREEMENT OF LEASE DATED OCTOBER 30, 1978", DATED THE
7~ DAY OF SepfeW1-h.er ,1999, BY AND BETWEEN THE CITY
OF MERIDIAN AND CHERRY LANE RECREATION, INc., AN IDAHO
CORPORATION.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF
MERIDIAN, IDAHO:
WHEREAS, it is in the best interests of the City of Meridian to enter into an
agreement with CHERRY LANE RECREATION, INc., an Idaho Corporation,
denoted as "LESSOR'S STATEMENT CONCERNING AGREEMENT OF LEASE
DATED OCTOBER 30, 1978", a copy of which is attached hereto marked as Exhibit
"A" to this Resolution, the reasons and authority for which are as set forth in said
Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL, as follows:
1. The Mayor and Clerk are hereby authorized to enter into and on behalf
of the City of Meridian that certain agreement with CHERRY LANE RECREATION,
INc., an Idaho Corporation, entitled "LESSOR'S STATEMENT CONCERNING
AGREEMENT OF LEASE DATED OCTOBER 30, 1978" dated the 7~ day of
J¿¡r!en.-ber , 1999, by and between the City of Meridian and CHERRY
LANE RECREATION, INc., an Idaho Corporation, a copy of which is attached
hereto marked as Exhibit "A" to this Resolution and to bind this City to its tenns
and conditions,
RESOLUTION AUTHORIZING THE MAYOR TO ENTER - PAGE 1 OF 2
INTO A LESSOR'S STATEMENT CONCERNING
AGREEMENT OF LEASE DATED OCTOBER 30, 1978
PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 71!.
day of .<J"e.,(Y¡-el""-ó~r , 1999. -
APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 1~
day of J'ef)t'é'm be;- , 1999, -
fi}AY-{),~~
ATTEST:
msgiZ:\Work\M\Meridian 15360M\CherryLane Land ExchangelRESOLUTION
RESOLUTION OF THE CITY OF MERIDIAN - PAGE -
AUTHORIZING THE MAYOR TO ENTER
INTO A LESSOR'S STATEMENT CONCERNING AGREEMENT OF LEASE
DATED OCTOBER 30, 1978
LESSOR'S STATEMENT CONCERNING AGREEMENT
OF LEASE DATED OCTOBER 30, 1978
The City of Meridian does hereby state the following concerning that Certain
Agreement of Lease dated the 30th day of October, 1978, by and between the City of
Meridian, as Lessor, and Cherry Lane Recreation, Inc., an Idaho Corporation, as
Lessee, (hereiIi.after referred to as Lease).
1.
The Lease is in full force and effect, with no subsequent amendments or
modifications other than the addition of a second nine (9) holes of golf, which are
now subject to the terms and conditions of the Lease.
2.
The real property, which is subject to the Lease, has been duly annexed
into the City of Meridian.
3.
The legal description of the real property, which is subject to the Lease,
is attached to this statement marked Exhibit "A", and by this reference incorporated
herein.
4.
Cherry Lane Recreation, Inc., an Idaho Corporation, (Lessee), is
exclusively entitled to all the rights, duties and responsibilities of the Lessee under
the terms and conditions of the Lease, and the provisions of the Lease require that
said rights, duties and responsibilities may only be so held by Cherry Lane
Recreation, Inc. without the written permission of the City of Meridian to do
otherwise.
LESSOR'S STATEMENT CONCERNING AGREEMENT - PAGE 1 OF 2
OF LEASE DATED OCTOBER 30, 1978
5.
The City of Meridian has not transferred, assigned or pledged its
interest in, and to, the Lease or the real property, which is subject to the Lease other
than the Lease itself.
6.
Cherry Lane Recreation, Inc" an Idaho Corporation, (Lessee), is current
in its performance of the rent payment provisions of the Lease and the City has not
caused to be served, nor does it have any present plans to cause to be served, upon
Cherry Lane Recreation, Inc. any notice of default of the terms of the Lease,
including any present claim of indemnification as far as the City of Meridian is
presently aware.
7.
This statement is being issued by reason of the Lessee's request for a
Lessor's Estoppel Certificate, which by the tenns of the Lease the Lessor is not
obligated to execute, As a courtesy to the Lessee this statement is being issued under
the authority of the City Council action on the 7th day of September, 1999,
Dated this 7th day of September, 1999. 0
."",,~~~~L
"", Of Ml:F? III
Attest: ,..",,{:."4. tп:"""
j § Cì ;;;.cpf\.'?OP..41":$; vþ ',:::,
By:..ß~ß~J9-! .. SEALO ",
City Clerk ~ 7.:, C)'./:~
, - Q{¡ ,'" . ") "
~ 'ô 3r 1~í /""
msgiZ:\Work\M\Meridian 15360MlCherryLane Land ExCh;6g¡:ìí1t<ìrs ",' ribi¡~~9
'//.;.///OUN':'{ . ,;..",:-,
1111/11:""""
LESSOR'S STATEMENT CONCERNING AGREEMENT - PAGE 2 OF 2
OF LEASE DATED OCTOBER 30, 1978
File Number: P183117
SCHEDULE C
The land referred to in this Commitment is described as follows:
PARCEL I
A PARCEL OF LAND BEING A PORTION OF THE WEST -HALF, SECTION 3, TOWNSHIP 3
NORTH, RANGE 1 WEST, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO AND MORE
PARTICULAAL Y DESCRIBED AS FOLLOWS:
BEGINNING AT A BRASS CAP MARKUlG THE SOUTHEAST CORNER OF THE NORTHEAST
QUARTER OF SECTION 3, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN,
MERIDIAN, ADA COUNTY, IDAHO; THENCE
ALONG THE SOUTHERLY BOUNDARY OF SAID NORTHEAST QUARTER OF SECTION 3, NORTH
BS OEGREES 55' 29" WEST 2643.29 FEET TO A BRASS CAP MARKING THE SOUTHWEST
CORNER OF THE NORTHEAST QUARTER/ THENCE
LEAVING SAID SOUTHERLY BOUNDARY NORTH 75 DEGREES 30'00" WEST 190.00 FEET TO
A 2" IRON PIPE; THENCE
NORTH 40 DEGREES 00'00" WEST 40.00 FEET TO AN IRON PIN; THENCE
SOUTH 75 DEGREES 59'31- WEST 70.00 FEET TO AN IRON PIN; THENCE
SOUTH 25 OEGREES 00'00' WEST 64.19 FEET TO AN IRON PIN; THENCE
NORTH 89 DEGREES 25'06" WEST 254.51 FEET TO A POINT, SAID POINT ALSO BEING
THE REAL POINT OF BEGINNING; THENCE CONTINUING
NORTH 69 DEGREES 25'06" EST 100.01 I"EET TO A POINT; THENCE
SOUTH 00 DEGREES 30' 1 l' WEST 407 - 92 FEET TO A PO INT; THENCE
SOUTH 68 DEGREES 54'11" EAST 276.46 FEET TO A POINT MARKING A POINT OF
CURVE; THENCE
ALONG A CURVE TO THE RIGHT 59.46 FEET, SAID CURVE HAVING A CENTRAL ANGLE OF
34 DEGREES 04'10', A flADIUS OF lOO.OO FEET, TANGENTS OF 30.64 FEET ANO A
LONG CHORD OF 58.59 FEET BEAflING SOUTH 51 OEGREES 52'06" EAST TO A POINT
MARKING A POINT OF TANGENTS; THENCE
SOUTH 34 DEGREES 50' 01" EAST 292.99 FEET TO A POINT; THENCE
SOUTH 89 DEGREES 46' 41" EAST 147.34 FEET TO A POINT; THENCE
NORTH 35 DEGREES 00'00" WEST 109.03 FEET TO A POINT; THENCE
NORTH 51 DEGREES 45'00" WEST 580.00 FEET TO A POINT; THENCE
NORTH 00 DEGREE 29' 44" EAST 335.1 a FEET TO THE POINT OF BEGINNING.
PARCEL II
A PARCEL OF LAND LYING IN PORTIONS OF THE SOUTH HALF OF THE NORTH HALF AND
THE NORTH HALF OF THE SOUTH HALF OF SECTION 3, TOWNSHIP 3 NORTH. RANGE 1
WEST, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO AND MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT MARKING THE NORTHWEST CORNER OF THE SAID NORTH HALF OF
THE SOUTH HALF OF SECTION 3; THENCE
SOUTH 89 DEGREES 25' 06" EAST 2,077,73 FEET ALONG THE NORTHERLY BOUNDARY OF
THE SAID NORTH HALF OF THE SOUTH HALF OF SECTION 3 TO A POINT, ALSO SAID
POINT BEING THE REAL POINT OF BEGINNING; THENCE
SOUTH 0 DEGREE 29' 44" WEST 335.18 FEET TO A POINT; THENCE
SOUTH 51 DEGREES 45'00" EAST 580.00 FEET TO A POINT; THENCE
SOUTH 35 DEGREES 00' 00" EAST 265.33 FEET TO A POINT; THENCE
SOUTH 22 DEGREES 15'00' WEST 60.05 FEET TO A POINT; THENCE
SOUTH 43 DEGREES 5S'10" EAST 236.75 FEET TO A POINT; THENCE
SOUTH 29 OEGREES 00'00" EAST 110.00 FEET TO A POINT; THENCE
NORTH 61 DEGREES 00'00" EAST 81,19 FEET TO A POUlT OF CURVE; THENCE
LEGAL CONTINUED
EXHIBIT "A" TO LESSOR'S STATEMENT CONCERNING
AGREEMENT OF LEASE DATED OCTOBER 30, 1978
"""..
"--- .. -----...
File Number: P1 83117
PAGE 2
PARCEL II (CONT.)
NORTHEASTERLY ALONG A CURVE TO THE LEFT 147.14 FEET, SAID CURVE HAVING A
CENTRAL ANGLE OF 48 DEGREES 10' 28", A RADIUS OF 175.00 FEET, TANGENTS OF
78.23 FEET AND A LONG CHORO OF 142.84 FEET BEARING NORTH 36 DEGREES 54'46"
EAST TO A POINT OF ENDING OF CURVE; THENCE
NORTH 56 DEGREES 30'00" WEST 151.38 FEET TO A POINT; THENCE
NORTH 41 DEGREES 30'00" WEST 203.92 FEET TO A POINT; THENCE
NORTH 17 DEGREES 15'00' WEST 94.14 FEET TO A POINT; THENCE
NORTH 22 DEGREES 15'00' EAST 147.00 FEET TO A POINT; THENCE
NORTH 65 DEGREES 50'00", EAST 45.00 FEET TO A POINT; THENCE
SOUTH 87 DEGREES 20'00" EAST 78.40 FEET TO A POINT; THENCE
SOUTH 68 DEGREES 00'00" EAST 61.48 FEET TO A POINT; THENCE
SOUTH 71 DEGREES 33'25" EAST 88.05 FEET TO A POINT; THENCE
SOUTH 60 DEGREES 00'00" EAST 108.33 FEET TO A POINT OF BEGINNING OF CURVE;
THENCE
NORTHEASTERLY ALONG A CURVE TO THE RIGHT 139.32 FEET, SAID CURVE HAVING A
CENTRAL ANGLE OF 25 DEGREES 35'19", A RADIUS OF 311.95 FEET, TANGENTS OF
70.84 FEET AND ALONG CHORD OF 138.16 FEET BEARING NORTH 56 DEGREES 12'20"
EAST TO A POINT OF TANGENT; THENCE
NORTH 69 OEGREES 00'00" EAST 115.08 FEET TO A POINT OF CURVE; THENCE
NORTHEASTERLY ALONG A CURVE TO THE LEFT 125.75 FEET I SAID CURVE HAVING A
CENTRAL ANGLE OF 24 DEGREES 25' 22", A RADIUS OF 295.00 FEET, TANGENTS OF
63.84 FEET AND A LONG CHORD OF 124.80 FEET BEARING NORTH 56 DEGREES 47'19"
EAST TO A POINT OF ENDING OF CURVE; THENCE
NORTH 44 DEGREES 00'00" WEST 79.63 FEET TO A POINT; THENCE
NORTH 67 DEGREES 45'00" WEST 160.00 FEET TO A POINT; THENCE
SOUTH 65 OEGREES 50'00" WEST 244.67 FEET TO A POINT; THENCE
NORTH 50 DEGREES 30'00" WEST 114,35 FEET TO A POINT; THENCE
NORTH 44 DEGREES 00'00" EAST 90.00 FEET TO A POINT; THENCE
NORTH 17 DEGREES 00'00" WEST 175.00 FEET TO A POINT; THENCE
NORTH 12 DEGREES 00'00. EAST 280.00 FEET TO A POINT; THENCE
NORTH 77 DEGREES 30'00' WEST 170.00 FEET TO A POINT; THENCE
SOUTH 66 DEGREES 00' 00' WEST 265.00 FEET TO A POINT MARKING THE NORTHEAST
CORNER OF THE SOUTHWEST QUARTER OF THE SAID SECTION 3; THENCE
NORTH 75 OEGREES 30'00" WEST 190.00 FEET TO A POINT; THENCE
NORTH 40 DEGREES 00'00" WEST 40.00 FEET TO A POINT; THENCE
SOUTH 75 DEGREES 59'31" WEST 70.00 FEET TO A POINT; THENCE
SOUTH 25 DEGREES 00'00" WEST 64.19 FEET TO A POINT ON THE SAID NORTHERLY
BOUNDARY OF THE NORTH HALF OF THE SOUTH HALF OF SECTION 3; THENCE
NORTH 69 DEGREES 25' 06" WEST 254.51 FEET ALONG THE SAID NORTHERLY 80UNDARY
OF THE NORTH HALF OF THE SOUTH HALF OF SECTION 3 TO THE POINT OF BEGINNING.
EXCEPT THAT PORTION LYING WITHIN THE FOLLOWING SUBDIVISIONS:
CHERRY LANE VILLAGE NO.1 SUBDIVISION, ACCORDING TO THE PLAT THEREOF,
FILED IN BOOK 44 OF PLATS AT PAGES 3537 AND 3538 RECDRDS OF ADA COUNTY
IDAHO;
CHERRY LANE VILLAGE NO.2 SUBDIVISION, ACCORDING TO THE PLAT THEREOF,
FILEO IN BOOK 46 OF PLATS AT PAGES 3791 AND 3792 RECORDS OF ADA COUNTY,
IDAHO;
THE LAKE AT CHERRY LANE ACCORDING TO THE PLAT THEREOF FILED IN BOOK 52 OF
PLATS AT PAGES 4569 AND 4570, RECORDS OF ADA COUNTY IDAHO;
THE LAKE AT CHERRY LANE NO.2, ACCORDING TO THE PLAT THEREOF FILED IN BOOK
54 OF PLATS AT PAGES 4882 AND 48B3, RECORDS OF ADA COUNTY, IDAHO;
LEI3AL CONTINUED
EXHIBIT "A"TO LESSOR'S STATEMENT CONCERNING
AGREEMENT OF LEASE DATED OCTOBER 30, 1978
co -, -,
-,- ,;OC.. .~"
-'-'C ,,- --- 0 -' -,,-- '~.
File Number: P183117
PAGE 3
PARCEL II (CONT.)
THE LAKE AT CHERRY LANE NO.4 SUBDIVISION, ACCORDING TO THE PLAT THEREOF,
FILED IN BOOK 74 OF PLATS AT PAGES 7674 AND 7675, RECORDS OF ADA COUNTY,
IDAHO,
PARCEL III ,¡\
A PORTION OF THE WEST HALF OF SECTION 3, TOWNSHIP 3 NORTH, RANGE 1 WEST,
BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS
FOLLOWS ;
COMMENCING AT THE CORNER COMMON TO SECTIONS 4, 9, 10 AND THE SAID SECTION
3; THENCE
NORTH 0 DEGREE 38' 11' EAST 2651. 19 FEET TO THE QUARTER CORNER COMMON TO
SAID SECTIONS 3 AND 4 AS SAME WAY REESTABLISHED BY LS 972 (CP & F
INSTRUMENT NO. 7852146, RECORDS OF ADA COUNTY, IDAHO); FROM WHICH THE
NORTHWEST CORNER OF SAID SECTION 3 BEARS
NORTH 0 DEGREE 38'27" EAST 2697.49 FEET; THENCE
NORTH 0 DEGREE 38'27" EAST 22.64 FEET TO A 5/8' IRON PIN; THENCE
SOUTH 88 DEGREES 55'31' EAST 379,53 FEET TO THE REAL POINT OF BEGINNING;
THENCE CONTINUING
SOUTH 88 DEGREES 55'31' EAST 182.65 FEET TO A POINT; THENCE
SOUTH a DEGREES 18'10" EAST 440.66 FEET TO A POINT; THENCE
SOUTH 16 DEGREES 18'25" WEST 218.04 FEET TO A POINT; THENCE
NORTH 89 DEGREES 13'51" EAST 540.22 FEET TO A POINT; THENCE
NORTH 71 DEGREES 43'34" EAST 442.46 FEET TO A POINT; THENCE
NORTH 10 DEGREES 33'50' EAST 487.84 FEET TO A POINT; THENCE
SOUTH 88 DEGREES 55'3" EAST 124.84 FEET TO A POINT; THENCE
SOUTH 50 DEGREES 38'25' EAST 89.99 FEET TO A POINT; THENCE 165.33 FEET
ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 250.25 FEET, A
CENTRAL ANGLE OF 37 DEGREES 51 '08", AND A LONG CHORD BEARING SOUTH 31
DEGREES 42'52" EAST 162.34 FEET TO A POINT; THENCE
NORTH 89 DEGREES 29'44' WEST 120.24 FEET'TO A POINT; THENCE
SOUTH 4 DEGREE 27'17" EAST BO.30 FEET TO A POINT; THENCE
SOUTH 0 DEGREE 30'16" WEST 230.52 FEET TO A POINT; THENCE
SOUTH 10 DEGREES 31'20" WEST 123.51 FEET TO A POINT; THENCE
SOUTH 30 DEGREES 14' 07" WEST 1 1 9.57 FEET TO A POINT; THENCE
SOUTH 50 DEGREES 50'29' WEST 134.39 FEET TO A POINT; THENCE
SOUTH 71 DEGREES 28'46' WEST 120.64 FEET TO A POINT; THENCE
SOUTH 82 DEGREES 45'52" WEST 225.84 FEET TO A POINT; THENCE
SOUTH 89 DEGREES 02' 57' WEST 67.30 FEET TO A POINT; THENCE
NORTH 89 DEGREES 10' 41' WEST 825.06 FEET TO A POINT; THENCE
NORTH 77 DEGREES 29'20' WEST 148.07 FEET TO A POINTj THENCE
NORTH 89 OEGREES 10'41" WEST 160.40 FEET TO A POINT LYING 65,00 FEET EAST
OF THE WEST BOUNDARY OF SAID SECTION 3; THENCE ALONG A LINE 65.00 FEET
EAST OF AND PARALLEL TO THE WEST BOUNDARY OF SAID SECTION 3
NORTH 0 DEGREES 38' 11" EAST 247.64 FEET TO A POINT; THENCE
SOUTH 69 DEGREES 21' 49" EAST 156.03 FEET TO A PO lNT; THENCE
NORTH 45 DEGREES 03'16" EAST 163.61 FEET TO A POINT; THENCE
NORTH 5 DEGREES 39'31' EAST 502.42 FEET TO THE POINT OF BEGINNING,
LEGAL CONTINUED
EXHIBIT "A" TO LESSOR'S STATEMENT CONCERNING
AGREEMENT OF LEASE DATED OCTOBER 30, 1978
--- h- ----
- ---_h-
File Number: P183117
PAGE 4
PARCEL III.S
A PORTION OF THE WEST HALF OF SECTION 3, TOWNSHIP 3 NORTH, RANGE 1 WEST,
BOISE MERIDIAN, MERIDIAN, ADA COUNTY, roAHO, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE CORNER COMMON TO SECTIONS 4, 9, 10 AND THE SAID SECTION
3; THENCE
NORTH 0 DEGREE 38'11" EAST 2651.19 FEET TO THE QUARTER CORNER COMMON TO
SAID SECTIONS 3 AND 4 AS SAME WAß REESTABLISHED BY LS 972 (CP & F
INSTRUMENT NO. 7852146, RECORDS OF AOA COUNTY, IOAHO); FORM WHICH THE
NORTHWEST CORNER OF SAID SECTION 3 BEARS
NORTH 0 DEGREE 38'27' EAST 2697.49 FEET; THENCE
NORTH 0 DEGREE 38'27' EAST 22.64 FEET TO A 5/8' IRON PIN; THENCE
SOUTH 88 DEGREES 56'31' EAST 1977.72 FEET TO A 5/8' IRON PIN AND THE REAL
POINT OF BEGINNING; THENCE
SOUTH 0 DEGREE 30' 15" WEST 413.59 FEET TO A POINT; THENCE
NORTH 68 DEGREES 54'11" WEST 26.71 FEET TO A POINT; THENCE
NORTH 68 DEGREES 54' 11' WEST 26.71 FEET TO A POINT; THENCE
NORTH 0 DEGREE 30'15' EAST 217.93 FEET TO A POINT; THENCE 211.88 FEET
ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 249.75 FEET, A
CENTRAL ANGLE OF 48 DEGREES 36'25' AND A LONG CHORD BEARING NORTH 23
DEGREES 47'57' WEST 205.58 FEET TO A POINT; THENCE
SOUl1i 88 OEGREES 55'31' EAST 109.62 FEET TO THE POINT OF BEGINNING.
PARCEL IV.A
A PORTION OF SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 3,
TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, MERIDIAN, ADA COUNTY,
IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE CORNER COMMON TO SECTIONS 4, 9, 10 AND THE SAID SECTION
3 ¡THENCE
NORTH 0 DEGREE 38'11" EAST, 2651.19 FEET TO THE QUARTER CORNER COMMON TO
SAID SECTIDN 3 AND 4 AS SAME WAS REESTABLISHED 8Y LS 972 (CP & F INSTRUMENT
NO. 7852146, RECORDS OF ADA COUNTY, IDAHO) j FROM WHICH THE NORTHWEST
CORNER OF SAID SECTION 3 BEARS NORTH 0 DEGREE 38' 27' EAST, 2697.49 FEET;
THENCE
NORTH 0 DEGREE 38'27" EAST 22,64 FEET TO A 5/8' IRON PIN; THENCE
SOUTH a8 DEGREES 55'31" EAßT, 379.53 FEET TO THE REAL POINT OF BEGINNING;
THENCE
NORTH 5 DEGREE 39'31" EAST, 290.28 FEET TO A POINT¡ THENCE
46.45 FEET ALONG THE ARC OF A NON-TANGENT CURVE TO THE RIGHT, HAVING A
RADIUS OF 250.00 FEET, A CENTRAL ANGLE OF 10 DEGREES 38'46', AND A LONG
CHORD BEARING SOUTH 49 DEGREES 22'43' EAST, 46.39 FEET TO A POINT; THENCE
SOUTH 44 DEGREES 03'20' EAST, 136.41 FEET TO A POINT; THENCE
SOUTH 8 OEGREES 18'10' EAST, 165.80 FEET TO A POINT; THENCE
NORTH aa OEGREES 55'31' WEST, 182.65 FEET TO THE POINT OF BEGINNING.
PARCEL IV.S
A PORTION OF GOVERNMENT LOT 4 AND THE SOUTHWEST QUARTER OF THE NORTHWEST
QUARTER OF SECTION 3, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN,
MERIDIAN, ADA COUNTY, IDAHO MORE PARTICULARLY DESCRIBED AS FOLLOWS:
LEGAL CONTINUED
EXHIBIT "A" TO LESSOR'S STATEMENT CONCERNING
AGREEMENT OF LEASE DATED OCTOBER 30, 1978
- u_----
File Number: P183117
PAGE 5
PACREL IV,S (CONT,)
COMMENCING AT THE CORNER COMMON TO SECTIONS 4, 9, 10 AND THE SAID SECTION
3 j THENCE
NORTH 0 DEGREE 38' 11" EAST, 2651. 19 FEET TO THE QUARTER CORNER COMMON TO
SAID SECTION 3 AND 4 AS SAME WAS REESTABLISHED BY LS 972 (CP (0 F INSTRUMENT
NO. 7852146, RECORDS OF ADA COUNTY, IDAHO); FROM WHICH THE NORTHWEST
CORNER OF SAID SECTION 3 BEARS NORTH 0 DEGREE 38' 27" EAST, 2697.49 FEET;
THENCE
NORTH 0 DEGREE 38'27" EAST 22.64 FEET TO A 5/8' IRON PIN; THENCE
SOUTH B8 DEGREES 55'31' EAST, 834.71 FEET TO A POINT; THENCE
NORTH 1 DEGREE 04'29" EAST, 77.45 FEET TO THE REAL POINT OF BEGINNING;
THENCE
199.31 FEET ALONG THE ARC OF CURVE TO THE RIGHT HAVING A RADIUS OF 270.00
FEET, A CENTRAL ANGLE OF 42 DEGREES 17'41' AND A LONG CHORO BEARING NORTH
65 DEGREES 12'11" WEST, 194.81 FEET TO A POINT; THENCE
NORTH 44 DEGREES 03'20' WEST, 198,06 FEET TO A POINT; THENCE
NORTH 37 DEGREE 38"05' EAST,125.90 FEET TO A POINT; THENCE
NORTH 4 DEGREES 26'20' WEST, 178.94 FEET TO A POINT; THENCE
NORTH 49 DEGREES 13'43" WEST, 619.18 FEET TO A POINT; THENCE
NORTH 89 DEGREES 21 '33" WEST, 39.72 FEET TO A POINT; THENCE
NORTH 0 DEGREE 38'27' EAST, 178.61 FEET TO A POINT; THENCE
SOUTH 89 DEGREES 21'33' EAST, 104.94 FEET TO A POINT; THENCE
NORTH 26 DEGREES 46' 55' EAST, 463.73 FEET TO A POINT j THENCE
NORTH 13 DEGREES 05'08' EAST, 186,18 FEET TO A POINT; THENCE
SOUTH 89 DEGREES 23'04' EAST, 221,37 FEET TO A POINT; THENCE
SOUTH 0 DEGREE 36'56" WEST, 30.00 FEET TO A POINT¡ THENCE
NORTH 89 DEGREES 23'04' WEST, 114.43 FEET TO A POINT; THENCE
SOUTH 10 DEGREES 38'11" WEST, 162.48 FEET TO A POINT: THENCE
SOUTH 5 DEGREES 36' 09" EAST, 160,95 FEET TO A POINT: THENCE
SOUTH 48 DEGREES 58'55" WEST, 66,41 FEET TO A POINT: THENCE
SOUTH 10 DEGREES 49'04' WEST, 123,62 FEET TO A POINT: THENCE
SOUTH 12 DEGREES 00'00' EAST, 85.00 FEET TO A POINT: THENCE
SOUTH 53 DEGREES 26' 21' EAST, 142.60 FEET TO A PO INT; THENCE
SOUTH 6 DEGREES 51'51' WEST, 151.05 FEET TO A POINT; THENCE
SOUTH 41 DEGREES 14'14' EAST, 171.06 FEET TO A POINT; THENCE
SOUTH 89 OEGREES 12'26' EAST, 122.33 FEET TO A POINT; THENCE
SOUTH 43 DEGREES 03'05" EAST, 60.00 FEET TO A, POINT; THENCE
SOUTH 0 DEGREE 36"5" WEST, 671,50 FEET TO THE POINT OF 8EGINNING.
PARCEL lY,C
A PORTION OF THE NORTHWEST QUARTER OF SECTION 3, TOWNSHIP 3 NORTH, RANGE 1
WEST, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY
DESCRIBED AS FOLLOWS: COMMENCING AT THE CORNER COMMON TO SECTIONS 4, 9, 10
AND THE SAID SECTION 3; THENCE
NORTH 0 DEGREE 38' 11' EAST, 2651. 19 FEET TO THE QUARTER CORNER COMMON TO
SAID SECTIONS 3 AND 4 AS SAME WAS REESTABLISHED BY LS 972 CCP & F
INSTRUMENT NO. 7852146, RECOROS OF ADA COUNTY, IDAHO); FROM WHICH THE
NORTHWEST CORNER OF SAID SECTION 3 BEARS NORTH 0 DEGREE 38'27" EAST,
2697.49 FEET: THENCE
NORTH 0 OEGREE 38'27" EAST 22.64 FEET TO A 5/8" IRON PIN: THENCE
SOUTH 88 DEGREES 55' 31' EAT, 1784.61 FEET TO A POINT j THENCE
NORTH 1 DEGREE 04'29' EAST, 303.15 FEET TO THE REAL POINT OF BEGINNING;
THENCE
LEGAL CONTINUED
EXHIBIT "A" TO LESSOR'S STATEMENT CONCERNING
AGREEMENT OF LEASE DATED OCTOBER 30, 1978
--- --- ----
- --~--'"-
File Number: P183117
PAGE 6
PARCEL IV-C (CONT.)
NORTH 66 OEGREES 28'40" WEST, 157.70 FEET TO A POINT; THENCE
NORTH 56 DEGREES 56'39' WEST, 717.37 FEET TO A POINT; THENCE
NORTH 89 DEGREES 23'44" WEST, 36.12 FEET TO A POINT; THENCE
NORTH 0 DEGREE 36'28' EAST, 5.00 FEET TO A POINT; THENCE
154.59 FEET ALONG THE ARC OF A NON - TANGENT CURVE TO THE LEFT, HAVING A
RADIUS OF 225.00 FEET, A CENTRAL ANGLE OF 39 OEGREES 22' 00", AND A LONG
CHORD BEARING NORTH 19 DEGREES 04'45" WEST, 151.57 FEET TO A POINT; THENCE
NORTH 38 DEGREES 45'45" WEST, 39.00 FEET TO A POINT; THENCE
NORTH 51 DEGREES 14'15' EAST, 110.00 FEET TO A POINT; THENCE
NORTH 26 DEGREES 11'31" WEST, 134.78 FEET TO A POINT; THENCE
NORTH 4 DEGREES 04'20" WEST, 277,45 FEET TO A POINT; THENCE
NORTH 31 DEGREES 46'35" WEST, 241.56 FEET TO A POINT; THENCE
NORTH 0 DEGREE 36'56" EAST, 132.59 FEET TO A POINT; THENCE
NORTH 89 DEGREES 23'04" WEST, 110.00 FEET TO A POINT; THENCE
NORTH 0 DEGREE 36'56' EAST, 30.00 FEET TO A POINT; THENCE
SOUTH 89 DEGREES 23'04' EAST, 175.94 FEET TO A POINT; THENCE
SOUTH 78 DEGREES 05'29' EAST, 71.13 FEET TO A POINT; THENCE
SOUTH 63 DEGREES 13'16' EAST, 65.34 FEET TO A POINT; THENCE
SOUTH 56 DEGREES 28'32' EAST, 79.07 FEET TO A POINT; THENCE
SOUTH 53 DEGREES 15'09" EAST, 86.07 FEET TO A POINT; THENCE
SOUTH 42 DEGREES 31'18" EAST, 70.53 FEET TO A POINT; THENCE
SOUTH 35 OEGREES 28'22" EAST, 77.08 FEET TO A POINT; THENCE
SOUTH 5 DEGREES 49'06" EAST, 249.89 FEET TO A POINT; THENCE
SOUTH 8 DEGREES 16'07" EAST, 125.42 FEET TO A POINT; THENCE
SOUTH 13 DEGREES 56' 20' EAST, 261L 06 FEET TO A POINT; THENCE
SOUTH 42 DEGREES 43'29' EAST, 283.07 FEET TO A POINT; THENCE
NORTH 61 DEGREES 49'13' EAST, 165.37 FEET TO A POINT; THENCE
NORTH 11 DEGREES 00'42' WEST, 399.24 FEET TO A POINT; THENCE
SOUTH 89 OEGREES 18'49' EAST, 398.40 FEET TO A POINT; THENCE
SOUTH 79 DEGREES 02'15' EAST, 61,16 FEET TO A POINT; THENCE
SOUTH 60 DEGREES 40'15' EAST, 164.39 FEET TO A POINT; THENCE
SOUTH as DEGREES 10'18" 'EAST, 136.30 FEET TO A POINT; THENCE
SOUTH 0 DEGREE 30 '15" WEST, 235.93 FEET TO A POINT; THENCE
NORTH 89 DEGREES 29'45" WEST, 80.00 FEET TO A POINT; THENCE
SOUTH 78 DEGREES 33'49" WEST, 182.71 FEET TO A POINT; THENCE
SOUTH 11 DEGREES 45'15" WEST, 185.77 FEET TO A POINT; THENCE
SOUTH 0 DEGREE 30'15' WEST, 154.10 FEET TO A POINT; THENCE
288.86 FEET ALONG THE ARC OF A NON- TANGENT CURVE TO THE LEFT, HAVING A
RADIUS OF 425.00 FEET, A CENTRAL ANGLE OF 38 DEGREES 56'31', AND A LONG
CHORD BEARING SOUTH 63 OEGREES 04 '11" WEST, 283.33 FEET TO THE POINT OF
BEGINNING,
PARCEL IY,D
A PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 3,
TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERID IAN, MER IDIAN, ADA COUNTY,
IDAHO, MORE PARTICULARLY OESCRIBED AS FOLLOWS:
COMMENCING AT THE CORNER COMMON TO SECTIONS 4, 9, 10 ANO THE SAID SECTION
3; THENCE
LEGAL CONTINUED
EXHIBIT "A" TO LESSOR'S STATEMENT CONCERNING
AGREEMENT OF LEASE DATED OCTOBER 30, 1978
--- h' ---,
- -------
File Number: P183117
PAGE 7
PARCEl. IY-D (CaNT.)
NORTH 0 DEGREE 38' 11' EAST ,2651 .19 FEET TO THE QUARTER CORNER CDMMON TO
SAID SECTIONS 3 AND 4 AS SAME WAS REESTABLISHED BY LS 972 (CP & F
INSTRUMENT NO, 7852146, RECORDS OF ADA COUNTY, IDAHO); FROM WHICH THE
NORTHWEST CORNER OF SAID SECTION 3 BEARS NORTH 0 DEGREE 38' 27" EAST
2697.49 FEET, THENCE '
NORTH 0 DEGREE 38'27" EAST 22.64 FEET TO A 5/S" IRON PIN; THENCE
SOUTH 88 DEGREES 55' 31' EAST, 1614,53 FEET TO TIiE REAL POINT OF BEGINNING;
THENCE
NORTH 10 DEGREES 33'50" EAST, 72,37 FEET TO A POINT; THENCE
129,52 FEET ALONG THE ARC OF A NON-TANGENT CURVE TO THE RIGHT, HAVING A
RADIUS OF 600.00 FEET, A CENTRAL ANGLE OF 12 DEGREES 22'07", AND A LONG
CHORD BEARING SOUTH 56 DEGREES 49'29' EAST, 129.27 FEET TO A POINT; THENCE
SOUTH 50 DEGREES 36'25" EAST, 4.33 FEET TO A POINT; THENCE
NORTH 66 DEGREES 55'31" WEST, 124.84 FEET TO THE POINT OF BEGINNING.
PARCEL IV.E
A PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 3,
TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, MERIDIAN, ADA COUNTY,
IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE CORNER COMMON TO SECTIONS 4, 9, 10 AND TIiE SAID SECTION
3; THENCE
NORTH a DEGREE 36'11: EAST, 2651.19 FEET TO THE QUARTER CORNER COMMON TO
SAID SECTIONS 3 AND 4 AS SAME WAS REESTABLISHED BY LS 972 (CP & F
INSTRUMENT NO. 7652146, RECORDS OF ADA COUNTY, IDAHO); FROM WHICH THE
NORTHWEST CORNER OF SAID SECTION 3 BEARS NORTH 0 DEGREE 38' 27" EAST,
2697.49 FEET, TIiENCE
NORTH 0 DEGREE 38'27" EAST 22.64 FEET TO A 5/8' IRON PIN; THENCE
SOUTH 88 DEGREES 55'31" EAST, 1977.72 FEET TO A 5/8' IRON PIN AND THE REAL
POINT OF BEGINNING; THENCE
NORTH 88 DEGREES 55'31" WEST, 109.62 FEET TO A POINTj TIiENCE
11.06 FEET ALONG THE ARC OF A NON-TANGENT CURVE TO THE LEFT, HAVING A
RADIUS OF 249.75 FEET, A CENTRAL ANGLE OF 2 DEGREES 32' 1 6", AND A LONG
CHORD BEARING NORTH 49 DEGREES 22'17" WEST, 11 .06 FEET TO A POINT; THENCE
NORTH 50 DEGREES 38'25" WEST, 94.32 FEET TO A POINT; THENCE
60.45 FEET ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 680.00
FEET, A CENTRAL ANGLE OF 5 DEGREES 05'36", AND A LONG CHORD BEARING NORTH
53 DEGREES 11'13" WEST, 60.43 FEET TO A POINT; THENCE
30.13 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 20.00
FEET, A CENTRAL ANGLE OF 86 OEGREES 18'50", AND A LONG CHORD BEARING NORTH
12 DEGREES 34'36" WEST, 27.36 FEET TO A POINT; THENCE
NORTH 30 DEGREES 34'50" EAST, 84.13 FEET TO A POINT; THENCE
269.77 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF
375.00 FEET, A CENTRAL ANGLE OF 41 OEGREES 13'04" AND A LONG CHORO BEARING
NORTIi 51 OEGREES 11 '21" EAST, 283.99 FEET TO A POINT; THENCE
SOUTH 0 DEGREE 30'15" WEST, 369.89 FEET TO THE POINT OF BEGINNING.
PARCEl. V
LOTS 1 AND 52 IN BLOCK 5, ANO LOT 11 IN BLOCK 9 OF CHERRY LANE VILLAGE 1'10.
1 SUBDIVISION, ACCORDING TO THE PLAT THEREOF FILED IN BOOK 44 OF PLATS AT
PAGES 3537 THRU 3538, RECORDS OF ADA COUNTY, IDAHO.
LEGAL CONTINUED
EXHIBIT "A" TO LESSOR'S STATEMENT CONCERNING
AGREEMENT OF LEASE DATED OCTOBER 30, 1978
File Number: P183117
PAGI: 8
PARCEL VI
LOTS 12 AND 21 IN BLOCK 9 AND LOT 4 IN BLOCK 11 AND LOT 53 IN BLOCK 5 OF
CHERRY LANE VILLAGE NO.2 SUBDIVISION. ACCORDING TO THE PLAT THEREOF,
FILED IN BOOK 46 OF PLATS AT PAGES 3791 AND 3792, RECORDS OF ADA COUNTY,
IDAHO.
PARCEL VII
LOT 83 IN BLOCK 5 AND LOT 14, IN BLOCK 13 CHERRY LANE VILLAGE NO.3
SUBDIVISION ACCORDING TO THE OFFICIAL PLAT THEREOF FILED IN BOOK 56 OF
PLATS AT PAGES 5473 THRU 5475, RECORDS OF ADA COUNTY, IDAHO.
PARCSL VIII
LOT 28 IN BLOCK 11 AND LOT 39 IN BLDCK 13 CHERRY LANE VILLAGE NO, 4
SU8DIVISION ACCORDING TO THE OFFICIAL PLAT THEREOF FILED IN BOOK 63 OF
PLATS AT PAGES 6376 AND 6377, RECORDS OF ADA COUNTY, IDAHO,
PAACSL IX
LOT 9 IN BLOCK 1 OF RECORD OF SURVEY NO. 802 OF ADJUSTED LOT LINES FOR
LOTS 8, 9 AND 10, IN 8LOCK 1 OF THE LAKE AT CHERRY LANE, ACCORDING TO THE
PLAT THI:RI:OF, FILED IN BOOK 52 OF PLATS AT PAGES 4569 AND 4570, RECORDS OF -
ADA COUNTY, IDAHO.
PARCEL X
LOT 5 IN BLOCK 1 AND LOT 13 IN BLOCK 2, THE LAKE AT CHERRY LANE NO, 2,
ACCORDING TO THE PLAT THEREOF, FILED IN BOOK 54 OF PLATS AT PAGES 4882 AND
4883. RECORDS OF ADA COUNTY, IDAHO.
PARCSL XI
LOT 24 IN BLOCK 2 OF THE LAKE AT CHERRY LANE NO.3 SUBDIVISION ACCORDING
TO THE OFFICIAL PLAT THEREOF FILED IN BOOK 70 OF PLATS AT PAGES 7167 AND
7168, RECORDS OF ADA COUNTY, IDAHO.
PARCEL XII
LOT 19 IN BLOCK 1 AND LOT 46 IN BLOCK 2 OF THE LAKE AT CHERRY LANE NO, 4
SUBDIVISION, ACCORDING TO THE OFFICIAL PLAT THEREOF. FILED IN BOOK 74 OF
PLATS AT PAGE 7674 AND 7675, RECORDS OF ADA COUNTY, IDAHO.
END OF LEGAL DESCRIPTION
EXHIBIT "A" TO LESSOR'S STATEMENT CONCERNING
AGREEMENT OF LEASE DATED OCTOBER 30, 1978
** TOTAL PAGE. æ **