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HomeMy WebLinkAboutCity Clerk ChecklistCITY CLERK FILE CHECKLIST Project Name: Meridian Town Center Contact Name: Ashley Ford Date Received from Planning and Zoning Department: Planning and Zoning Level: Transmittals to agencies and others: File No. Phone: AZ 07-012 246-8300 August 28, 2007 Hearing Date: October 4, 2007 Notice to newspaper with publish dates: 17-Sep-07 and Certifieds to property owners: Planning and Zoning Commission Recommendation: Approve City Council Level: ❑ Transmittals to agencies and others: ❑ Notice to newspaper with publish dates: ❑ Certifieds to property owners: City Council Action: Approve Findings / Conclusions / Order received from attorney on: Findings /Conclusions /Order: Approved by Council: Copies Disbursed: ® Findings Recorded Development Agreement: ❑ ❑ ❑ Sent for signatures: Signed by all parties: Approved by Council: Recorded: Copies Disbursed: Ordinance No. Approved by Council: Resolution No. Recorded: Deadline: 10 days Published in newspaper: Copies Disbursed: Notes: August 27, 2007 1-Oct-07 L ❑ Deny Hearing Date: 47 V// /'_O�OO ❑ Deny Resolutlons: Qiginal Res/CMY Cart Mrulebock Copy FUS/Copy Cart Gy Clark City Engineer Ciy Rama Cly Atrmay SHr4nJ Cadne Prciacl File owuy Cle k copy Ras / Cdginal Cert Aide Comy (CPAs) PppScanl(non-CPPs) Recorded Crdnames CriglnalMnutetook Cclitil. Ciy Clerk Stale Tax Convn, Stela Trealex r. Aud x, Assess f Staring Codli rs Ciy Aperney Ciy Eagneer Cdy Ramer Froie lnla Appkcant(it appl) oepuy Clark Findnps / Orders: Cnginal_ Mixtly Mek Ce)'leslo. Apptcant Prae_I Na City Engl ear City Raman WIAmmey Dapuy Cla •• Recerd Vacatlon Findings •• Recorded Development Agreemenh: "Vnal FirKroot File Copes tD'Apptcenl Prc)e:l fie Ciy Engineer Ciy Ramer CiyA*-.TM De ty Clerk JCL CITY OF CW cY1G�I�yI TRANSMITTALS TO AGENCIES FOR COMMENTS ON MAYOR IDAHO ,DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN 197 o insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission please submit your comments and recommendations to Meridian City Hall Tammy de Weerd CITY COUNCIL MEMBERS Keith Bird Joseph W. Borton Charles M. Rountree David Zaremba CITY DEPARTMENTS City Attorney/HR 703 Main Street 898-5506 (City Attorney) 898-5503 (HR) Fax 884-8723 Fire 540 E. Franklin Road 888-1234/fax 895-0390 Parks &Recreation 11 W. Bower Street 888-3579 / fax 898-5501 Planning 660 E. Watertower Lane Suite 202 884-5533/fax 888-6854 Police 1401 E. Watertower Lane 888-6678/fax 846-7366 Public Works 660 E. Watertower Lane Suite 200 898-5500 / fax 898-9551 - Building 660 E. Watertower Lane Suite 150 887-2211 / fax 887-1297 - Wastewater 3401 N. Ten Mile Road 888-2191 /fax 884 0744 - Water 2235 N.W. 8th Street 888-5242/fax 884-1159 Attn: Will Berg, City Clerk, by: september27, 2007 Transmittal Date: August 29, 2007 File No.: AZ 07=012 Hearing Date: October 4, 2007 Request: Public Hearing -Annexation and Zoning of 258.39 acres from RUT to C-G zone for Meridian Town Center By: CenterCal Properties, LLC Location of Property or Project: NWC & NEC of N. Eagle Road and E. Fairview Avenue Steve Siddoway (no FP) David Moe (no FP) Wendy Newton-Huckabay (No FP) Michael Rohm (No FP) Tom O'Brien (No FP) Tammy de Weerd, Mayor Charlie Rountree, C/C Joe Borton, C/C Keith Bird, C/C David Zaremba C/C Water Department Sewer Department Sanitary Services(No VAR, VAC, FP) Building Department / Rich Greene Fire Department Police Department City Attorney City Engineer City Planner Parks Department Economic Dev. (CUP only) Your Concise Remarks: Meridian School District (No FP) Meridian Post Office(FP/PP only) Ada County Highway District Ada County Development Services Central District Health Nampa Meridian Irrig. District g Settlers Irri. District Idaho Power Co. (FP,PP,cuP) QWest (FP/PP only) Intermountain Gas (FP/PP only) Bureau of Reclamation (FP/PP only) Idaho Transportation Dept. (No FP) Ada County Ass, Land Records Downtown Projects: Meridian Development Corp. Historical Preservation Comm. South of RR / SW Meridian: NW Pipeline New York Irrigation District Boise-Kuna Irrigation District CITY HALL 33 EAST IDAHO AVENUE MERIDIAN, IDAHO 83642 (208) 888-4433 CITY CLERK —FAX 888-4218 FW ANCE &UTILITY BILLING —FAX 887-4813 MAYOR'S OFFICE —FAX 884-8119 Printed on recycled paper f, CITY OF A� ! 0l�-�l IDAHO Tae,�suHe V;v�` MAYOR Tammy de Weerd CITY COUNCIL MEMBERS Keith Bird Joseph W. Borton Charles M. Rountree David Zaremba CITY DEPARTMENTS City Attorney/HR 703 Main Street 898-5506 (City Attorney) 898-5503 (HR) Fax 884-8723 Fire 540 E. Franklin Road 888-1234 /fax 895-0390 Parks &Recreation 11 W. Bower Street 888-3579 /fax 898-5501 Planning 660 E. Watertower Lane Suite 202 884-5533 /fax 888-6854 Police 1401 E. Watertower Lane 888-6678/fax 846-7366 Public Works 660 E. Watertower Lane Suite 200 898-5500/fax 898-9551 - Building 660 E. Watertower Lane Suite 150 887-2211 /fax 887-1297 - Wastewater 3401 N. Ten Mile Road 888-2191/fax 884-0744 - Water 2235 N.W. Sth Street 888-5242 /fax 884-1159 TRANSMITTALS TO AGENCIES FOR COMMENTS ON EVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN o insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission please submit your comments and recommendations to Meridian City Hall Attn: Will Berg, City Clerk, by: September 27, 2007 Transmittal Date: August 29, 2007 File No.: AZ 07-012 Hearing Date: October 4, 2007 Request: Public Hearing -Annexation and Zoning of 258.39 acres from RUT to C-G zone for Meridian Town. Center By: CenterCal Properties, LLC Location of Property or Project: NWC &NEC of N. Eagle Road and E. Fairview Avenue Steve Siddoway (no FP) David Moe (no FP) Wendy Newton-Huckabay (No FP) Michael Rohm (No FP) Tom O'Brien (No FP) �`fammy de Weerd, Mayor Charlie Rountree, C/C Joe Borton, C/C Keith Bird, C/C David Zaremba C/C Water Department � Sewer Department Sanitary Services(No vAR, vac, FP) Building Department /Rich Greene Fire Department Police Department City Attorney City Engineer City Planner Parks Department Economic Dev. (CUP only) Your Concise Remarks: Meridian School District (rlo FP) Meridian Post Office(FPiPP only) _Ada County Highway District Ada County Development Services Central District Health Nampa Meridian Irrig. District � Settlers Irrig. District Idaho Power Co. (FP,PP,cuP) QWeSt (FPfPP only) Intermountain Gas (FPiPPoniy) Bureau of Reclamation (FPfPP only) -� Idaho Transportation Dept. (No FP> Ada County Ass. Land Records Downtown Projects: Meridian Development Corp. Historical Preservation Comm. South of RR /.SW Meridian: NW Pipeline New York Irrigation District Boise-Kuna Irrigation District CITY FALL 33 EAST IDAHO AVENUE MERIDIAN, IDAHO 83642 (208) 888-4433 CITY CLERK -FAX 888-4218 FINANCE &UTILITY BILLING -FAX 887-4813 MAYOR'S OFFICE -FAX 884-8] 19 ciry or endian VL �i Planning Department COMMISSION & COUNCIL REVIEW APPLICATION Type of Review Requested (check all that apply) Annexation and Zoning ❑ Comprehensive Plan Map Amendment ❑ Comprehensive Plan Text Amendment ❑ Conditional Use Permit ❑ Conditional Use Permit Modification ❑ Final Plat ❑ Final Plat Modification ❑ Planned Unit Development ❑ Preliminary Plat ❑ Rezone ❑ Time Extension (Commission or Council) ❑ UDC Text Amendment ❑ Vacation (Council) f1 Variance Other Applicant Information STAFF USE ONLY: File number(s): Azo 1-ql L VAR-ol-O Project name: Date filed: $'�'O�ate complete: Assigned Planner: SonVeL W&k4•er5 Related files: Hearing date: 10"�1 ($[Commission ❑Council Applicant name:Phone:`/;N� Applicant address: t �-WJr CAr)w ��q�� l�i�i�(7 �D r`} (J Zip: -2 Applicant's interest in property: ' D Own `C] Dent X Optioned ❑ Other Owner address: ME'r�lal Agent name (e.g., architect, < Firm name: Address: J. o Primary cot Contact E-mail: Phone: C)l_G�t2D1�-Yb/SOD G.FY►t2UlC�p: �� i�-2� ka� e�lop r, representative): _ +'� Phone: �D. C� `11U . �iW �1Nb3 CgL--EIL er�) iz1 \IF zip: arty ( CD Subject Property Information ��y^ Assessor's parcel number(s): Phone• ai�. u�-ti(l.��r� G�� t'' Township, range, section: otal � Current land use: � G Current zoning district: - �I%L� i�i'Et A2L�(V 1 v Vvjt 660 E. Watertower Lane, Suite 202 Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsunile: (208) 888-6854 • Website: «ww.meridiancit�g Project/subdw4mop name: _IVGY/ 1LZI LLN ,I�L21NIV �\`-�IU %V %%/ General description of proposed project/request: W I Irll -� rryl r�►'%ann rrti .n r=w►rc-nrr i fi �v.-t- »t w,. �r 1F� n r=1=i,t� Proposed zoning district(s): L= ' Acres of each zone proposed: ,?�-f'r✓t� r Type of use proposed (check all that apply): I Residential M Commercial A Office ❑ Industrial ❑ Other Amenities provided with this development (if applicable): �� I Who will own & maintain the pressurized irrigation system in this development? N( h Which irrigation district does this property lie within? 1V I`�Y V 1('Yfi • N �iY/i1 Y/�� ��1i1'�i1(OY`CT lU Iy Y/1L. Primary irrigation source:c��VW Ii i ("M' Secondary: (Qr1.O1/ll�%VUY��`11L1 T Square footage of landscaped areas to be irrigated (if primary or secondary point of connection is City water): go .s� rte� Residential Project Summary (if applicable) !J JLMJ: A (= CLLLLL� LWUN� ! U l� XNM V � Number of residential units: � Number of building lots: Number of common and/or other lots: TYh 0 Proposed number of dwelling units (for multi -family developments only): 1 Bedroom: I I}; )1!) 2 or more Bedrooms:. Minimum square footage of structure(s) (excl. garage): 1 : I Proposed building height:. h Minimum property size (s.f): T—fW)U Average property size (s.f.): {YNJ Gross density (DU/acre-total land): 1 Net density (DU/acre-excluding roads & alleys): Percentage of open space provided: TWO Acreage of open space: 11,, / Percentage of useable open space: (, 0 (See Chapter 3, Article G, for qualified open space) Type of open space provided in acres (i.e., landscaping, public, common, etc): TO Type of dwelling(s) proposed: ❑ Single-family ❑ Townhomes ❑ Duplexes ❑ Multi -family --- ` w Non-residential Number of building lots: I {C'V� Other lots: i ri!kJ ,� Gross floor area proposed: Tn�� Existing (if applicable): H ours of operation (days and hours): Tli% Building height: Percentage of site/project devoted to the following: Landscaping. ��%� Building: I►/�� Paving: ��� Total number of employees: �r� Maximum number of employees at any one time: �� Number and ages of students/children (if applicable): _ 11-' 0, Seating capacity: Total number of parking spaces provided: Number of compact spaces provided: � 2 (� Authorization . Print applicant name: ` ' J . � � ' Applicant signature: V ✓ _ Date: ��,�.i. (TT' 660 E. Wate o er Lane, Suite 202 I eridian, Idaho 83642 Phone: (208) 884-5533 • 'Facsimile: (208) 888-6854 Website: www.meridiancity.org 2 �E' LAND PLANNING CIVIL ENGINEERING LANDSCAPE ARCHITECTURE W LAND SURVEY n WATER RESOURCES 1173 East Winding Creek Drive EagIe,ID 83616 PH 208/246.8300 FX 208/246.8320 W IR G August 20, 2007 Honorable Mayor and Meridian City Council City of Meridian 33 East Idaho Avenue Meridian, Idaho 83642 RE: Application for Annexation and Zoning, Eagle Road Access Variance and Development Agreement for the Meridian Town Center - Letter of Intent Dear Honorable Mayor and Council Members: On behalf of our Client, Meridian CenterCal, LLC, please accept these applications for an Annexation and Zoning request for approximately 244-acres; for an Eagle Road Access Variance and a concurrent Development Agreement for the Meridian Town Center project. The above applications have been submitted in accordance with the requirements of the City of Meridian's Zoning Ordinance and the City of Meridian's Comprehensive Plan, The proposed project, known as Meridian Town Center, is proposed as a high quality "Lifestyle Center" in lieu of the traditional i Oum retail format. Lifestyle Centers are upscale, primarily outdoor shopping areas designed to resemble villages or town centers with active and vibrant streetscapes and a mix of uses that may include retail, office/service and residential. These centers provide an emphasis on active pedestrian spaces within a mixed -use environment. rf'. CenterCal Properties, LTC, is afull-service Owner, Developer and Manager of high quality retail and mixed -use projects. CenterCal has a proven track record in assembling a team of the highest quality designers, engineers and other consultants to execute a development plan with solid potential for success to meet the demands of the market, as well as the elevated expectations of the community of users who will live, work and shop within the developed environment. CenterCal currently has over 2, 500, 000-square feet under development and has laid the groundwork to expand its development capabilities with partners possessing vast financial resources that makes projects possible of virtually any size. www.wrgdesign.com www.wrgdesign.com CenterCal's key strategy is to develop projects as along -term investment; thus resulting in projects of higher quality with a distinctive sense of permanence often missing to speculative development ventures. CenterCal also has developed and owns other signykant projects such as: the award winning Bridgeport Village and Nyberg Woods in Tualatin, Oregon, Cascade Station in Portland, Oregon, Valley Mall in Union Gap, Washington; and Blackhawk Plaza in Danville, California. CenterCal currently has under development projects such as: Station Park in Farmington, Utah and The Rivers at Oregon City in Oregon City, Oregon, in addition to the proposed Meridian Town Center. A key factor in successfully creating value is to understand the product to be marketed. In the retail real estate industry, this means having the ability to thoroughly understand the requirements of the tenants and to effectively communicate the vision of the project to the tenants, government officials and the community where the project will be located, all of whom share an integral role in the successful completion of any project. ANNEXATION AND ZONING REQUEST This is acitizen-initiated annexation; whereby requesting parcels S1105449011; 51104346603 and S1104438800 to be annexed into the City of Meridian. This annexation of 244-acres is located at the northeast and northwest corners of Eagle Road and Fairview Avenue. The Meridian city limits lie just to the north, south and west of the project site. Due to its proximity to city limits, the project site is within the City of Mendian's Area of Impact. As such, the City of Meridian Comprehensive Plan designates the project site as Mixed Use - Regional. In accordance with the Meridian Comprehensive Pian, the applicant is requesting annexation with zoning from the Ada County zoning designation of RUT (Rural Urban Transitional) to the City of Meridian C-G (General Commercial) zone. The adjacent properties are currently used in the following ways: • North:, River Valley Elementary zoned R4 (Medium -Low Density Residential); Stokesberry Business Subdivision zoned L-O (Limited Office); vacant land and single- family residences zoned RUT (County) and Redfeather Estates Residential Subdivision zoned R-4 (Medium -Low Density Residential); • East: Vacant property zoned RUT (County), R-6 (County) and the Clover Meadows subdivision zoned R-1 (County); • South: Treasure Valley Business Center zoned I-L (Light Industrial), Meridian Crossroads Shopping Center zoned I-L (Light Industrial) and the Wal-Mart SuperCenter zoned C-C (Community Business District) & • West: Capital Christian Center zoned L-O (Limited Office) and Packard Estates Subdivision zoned R-4 (Medium -Low Density Residential). •Iff W0107k11 I ' The proposed Meridian Town Center will be the paramount lifestyle development in Meridian, Idaho within the greater Boise region. Meridian is now the third largest metro area and one of the fastest growing in the'Northwest Further, the project represents one of the most sign!ftcant commercial projects ever developed in the state of Idaho. The initial phases will include afirst-class lifestyle shopping center, built in the same style as CenterCal's award winning Bridgeport Village lifestyle center; one of the finest lifestyle projects in America; and the 60-acre Julius M. Kleiner Memorial Park. This project will make the rapidly growing community of Meridian a new `center -of -gravity' for the citizens and out of town visitors alike. The initial project concept plan shows approximately million square feet of retail, entertainment, restaurant and office space. Meridian Town Center will offer an exceptional tenant mix and presentation to the customer anywhere to be found in the Boise metropolitan area. With the site located on the northeast and northwest corners of Eagle Road (State Highway 55) and Fairview Avenue, Meridian Town Center will enjoy the highest daily traffic counts to be found in the state of Idaho, exceeding 90, 000-vehicles per day. At this intersection, Meridian Town Center will be well positioned to serve the strongest household demographics in the Boise region. Meridian Town Center will provide a broad selection of apparel, home goods, entertainment and restaurant opportunities, offering the discriminating shopper an experience not available in the region. Through a generous donation to the community by the Julius M. Kleiner Memorial Park Trust, Meridian Town Center will be fully integrated with a 60-acre park. W 3 The applicant is requesting a variance from Section 11-3H-4 of the Unymd Development Code (UDC) that prohibits new vehicle approaches to state highways. This variance application requests the following new approaches to Eagle Road in conjunction with the Meridian Town Center project: • Afull-access collector roadway on the east side of Eagle Road. This will be in alignment with River Valley Street which provides access into the Stokesberry Business Park on the west side of Eagle Road and is located at the 1/2-mile spacing between Fairview Avenue and Ustick Road. In discussions with 1TD and ACHD, it is anticipated a signal will be located at this intersection; • At the I/4-mile spacing between Fairview Avenue and Ustick Road, the applicant is proposing a right4n, right -out and left -in only for both sides of Eagle Road; • Approximately 600 feet north of the Eagle Road and Fairview Avenue intersection, the applicant is proposing right4n, right -out driveway for both sides of Eagle Road i • Approximately 660 feet north of the Eagle Road and Fairview Avenue intersection, the application is proposing a right -in, right -out driveway for both sides of Eagle Road. With this variance request, the City Council shall apply the standards listed in Idaho Code 67- 6516 and all findings listed in Section 11-5B4.E of the UDC in reviewing the proposed variance request. In order to grant a variance, the Council shall make the following findings: A. The variance shall not grant a right or special privilege that is not otherwise allowed in the district. Response: This variance request would not constitute or grant a special right or privilege due to the fact that so much of Eagle Road has developed with many access points, the adopted Code penalizes properties such as this that are now developing along the corridor. B. The variance. relieves an undue hardship because of characteristics of the site. Response: A fundamental physical feature of commercial development is access to the property as was the finding for the Gateway Marketplace Subdivision amongst others. The project does have frontage onto Fairview Avenue but due to traffic volumes and spacing, access points will be limited. Please remember, this is the busiest intersection in the State. In addition, surrounding development was not designed to provide much interconnectivity into the site. The proposed access points will limit the safety concerns and traffic impacts while providing access to the site while relieving an undue hardship. C. The variance shall not be detrimental to the public health, scifety and welfare. Response: It is our belief that with the design proposed, the requested variances will not be detrimental to the public health, safety and welfare. The foil access intersection will be signalized. In addition, acceleration and deceleration lanes will be provided. The right -in, right -out access points will further limit the safety concerns on the site. As part of the entitlement process for the Property, including annexation, zoning and nesting of certain development rights under this application the City and will enter into a Development Agreement that outlines the obligations of the parties. Further, as the ultimate disposition of the property will result in the proposed Park parcel, as we11'as the balance of the site not purchased by CenterCal to be retained by the existing owners, separate development agreements will be undertaken between the City and. those respective owners. STARS LEGISLATION As part of its development effort, CenterCal proposes to utilize existing legislation under Idaho House Bill 250 which went into effect on July 01, 2007, This legislation, referred to as the "STARS" (Sales Tax Anticipated Revenue) legislation provides a mechanism whereby CenterCal may make significant and much needed traffic capacity improvements to Eagle Road, from Interstate 84 (I-84) to River Valley, and recover the cost of the same over time, as provided by law, from the sales tax generated by the proposed project. The proposed roadway improvements are largely consistent with the PI'D's proposed and approved improvements to Eagle Road that have remained unfunded, though clearly needed. To be completed with the initial phases of the proposed development, the proposed roadway improvements will mitigate the anticipated traffic generated by the project and not exacerbate the existing deficiencies that currently exist. The current City of Meridian's Comprehensive Plan has designated the property as Mixed Use -Regional. This land use designation allows for over 200,000-square feet of non-residential uses, residential densities ranging from three (3) to 40-dwelling units per acre, mixed use neighborhood and mixed use commercial uses as well as regional commercial uses such as entertainment and employment centers and clean industries. The proposed annexation and zoning for the Meridian Town Center meets the following policies and goals as outlined in the Meridian Comprehensive Plan: LAND USE: Chapter VII, Goai I, Objective B, Action 5 -Locate new community commercial areas on arterials or collectors near residential areas in such a way as to complement with adjoining residential areas. Response: The Meridian Town Center is located on the busiest intersection in the state of Idaho. This makes it an ideal location for amixed-use commercial and residential project. The first phase will consist of alarge-scale retail center including a movie theater that will setae not only the adjacent neighbors but will draw a regional customer base. Although there are existing residential subdivision to the north and east of the project, the subdivisions are not directly adjacent to the Meridian Town Center. It is anticipated that a large park will buffer the residential subdivisions from the lifestyle center; however, this sand is retained under its current ownership. Chapter VII, Goai II, Objective A, Action 6 -Ensure the ease of mobility of people and goods by implementing access control measures on major transportation corridors. Response: It is our belief that with the design proposed, the requested variances will not be detrimental to the public health, safety and welfare. The full access intersection will be signalized eliminating current left out turns from the existing River Valley Street on the west side of Eagle Road. In addition, acceleration and deceleration lanes will be provided. The right -in, right -out access points will further limit the safety concerns on the site. Chapter VII, Goal III, Objective A, Action 1 -Require that development projects have planned for the provision of all public services. Response: All public services will be incorporated into the overall development. Chapter VII, Goai III, Objective B, Action 2 -Coordinate with transportation agencies to ensure provision of services and transit development. Response: The developer has had several meetings with the City of Meridian, YI'D and ACHD to ensure that the project meets the needs of all agencies. Chapter VII, Goai N, Objective C, Action 10 - Support a variety of residential categories (low-, medium-, and high -density singlefamily, multifamily, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of a,�fordable housing opportunities. Response: The proposed lifestyle center is a true mixed -use community with retail uses on the bottom floor with office and residential units above. Chapter VII, Goal IV, Objective D, Action 3 -Coordinate appropriate traffic signals. Response: With the requested variance, the fuU access intersection will be signalized. Chapter VII, Goal V, Objective A, Action 4 -Provide for a wide diversity of housing types (single family, modular, mobile homes and multi family arrangements) and choices between ownership and rental dwelling units for ail income groups in a variety of locations suitable for residential development. Response: The proposed lifestyle center is a true mixed use community with retail uses on the bottom floor with office and residential units above. F�.iture phases will include additional retail, office and housing options. This project may offer a housing options not currently provided for in the City of Meridian. Chapter VII, Goal V, Objective A, Action 7 -Continue promoting quality mixed -use developments in accordance with the Future Land Use Map. Response: The City of Meridian Comprehensive Plan designates this property as Mixed Use - Regional. As such, this property should offer over 200,000-square feet of commercial space with uses including neighborhood commercial, commercial services and residential uses. The proposed lifestyle center is envisioned to be a regional commercial destination that may include. several housing opportunities for the City. This project is in substantial compliance with Comprehensive Plan Land Use Map. Chapter VII, Goai V, Objective A, Action 14 -Locate high -density development, where possible, near open space corridors or other permanent major open space and park facilities, Oid Town, and near major access thorougl}fares. D E S I G N I N C Response: As the busiest intersection in the state of Idaho, Eagle Road and Fairview Avenue is an ideal location for high density housing. Residents of the lifestyle center will have easy access to the transportation system including public transportation. In addition, it is anticipated that a large regional park will be constructed on the land directly east of the lifestyle center (this property is not under the control of the applicant but it is understood that open space is the anticipated use). TRANSPORTATION: Chapter VI, Goai II, Objective A, Action 13 -Review new development for appropriate opportunities to connect to local roads and collectors in adjacent developments. Response: The proposed development will connect Records Avenue from Fairview Avenue to River Valley Street at Eagle Road. This roadway will be constructed to ACHD collector roadway standards. Also, it is anticipated that Ally's Way will eventually connect into the site once development to the north occurs. In conclusion, we believe that this development will bring a new standard of mixed -use development to the City of Meridian. We look forward to working with you and your staff and request approval of our applications. If you have any question, please feel free to contact me at 246-8300 or ashleu.fordQwrgdesipn.com. Sincerely, __ _ WRG Design Inc. ���� --� -- Ashley B. Ford Planning Project Manager CC: CenterCai Properties, LLC Kleiner Family Trust �x ���►-; D E S I G N I N C. m i O U uolsinlpgnS einjusA i 0 a O O O o IS 42, o U �coo ? � a Lt 1 (D O 0 I Y C 0 7 R1 U j 5 U U) O �n U m Z i FEE& I o o U at L1 " J J a W W~W it Qa QWop U 9Ll rn O O Q W 3 a O W J W M� W YJ are 7 O EMORMOOMP Lw N ..�._.._.._.._...._.._.._.._.._.._.._..._..-_-_-_-_-_-..t............. 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T. aa la OIIIHfHfIU ��� I m R OHHHHHHMHM It _wIr ��.. r V�p ae 1 t p■; Ty _ Mao +: ,+ti 'gip` too I� i Ai; At I �1� I do o tL4 A iy a it '..� .d.. �. go s x a . -. -!; 1 j � � �; �•.. i !�' � , .. �� ��ti�� +1� �. ,.., �+� ��, � �- ,� ML. _ � I I I OF 14 Old ! OFl � i Yip 16 t iM �•f. tY.� I e . - 4 �•� 1 ver 1 a- li 0. of w I. MST 9 1 IF OFF L f !� It 1a em ON t 1`�r� IFi irNOFOF '"•" �a a 1 itOr IF Ft l e 1 IN .. t tall + I ' r`F s �f,SO �` OF 1 'I iOF IF Ing 5• . I i , —ra Hearing Date: October 4, LUU : File No.. AZ-07-012 Project Name: Meridian Town Center Request: Annexation and Zoning of 258.39 acres from RUT (Ada County) to C-G zone, by CenterCal Properties, LLC, Location: Northwest & northeast corners of N. Eagle Rd. & E. Fairview Avenue, in the SE '/4 of Section 5 and SW 1/4 of Section 4, T.3N.9 R.IE. File No.: VAR-07-017 Request: Request for a Variance to UDC 11-3H-4 that prohibits new approaches from directly accessing a state highway to allow 3 right-in/right-out access points on both sides of State Highway (SH) 55/Eagle Road and 1 full access point to State Highway 55/Eagle Road located on the east side of SH 55/Eagle Road. AUG 2 � 2007 City Of Meridian City Clerk Office A ` D E S I G N I N C. I Boundary Description Meridian Town Center Rezone Job No, 6077070.00 A parcel of land situate in the east half of the southeast quarter of Section 5, Township 3 North, Range 1 East, the southwest quarter and the west half of the southwest quarter of the southeast quarter of Section 4, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, and being more particularly described as follows: Commencing at a brass cap marking the southeast confer of Section 5, Township 3 North, LAND PLANNING Range 1 East, Boise Meridian, the POINT OF BEGINNING: Thence S89°46'S6"W 1322.11 feet along the south line of the east half of the southeast quarter of Section 5 to the southwest coiner of the east half of the southeast quarter of Section 5; CIVIL ENGINEERING Thence N00106'56"E, 45.28 feet along the west line of the east half of the southeast quarter of�Section 5 to a 5/8 inch rebar on the north right -of way line of East Fairview Avenue; LANDSCAPE 'Thence N00006'56"E, 1265.40 feet along the west line of the east half of the ARCHITECTURE southeast quarter of Section 5 to a 518 inch rebar marking the southeast corner of Packard Subdivision No. 4, Book 82 of Plats at Page 9064, records of Ada County; }J II �`�: -'','t Thence N00°07' 13"E, 71 I.69 feet along the east line of Packard Subdivision No. 4, to a 5/8 inch rebar marking the southeast corner of Packard Subdivision No. 3, Book LAND SURVEY 80 of Plats at Page 8687, records of Ada County, _ Thence N00°07' 13 "E, 239.31 feet along the east line of Packard Subdivision No. 3, <£ , to the south right -of way line of East Chateau Drive; �wA4eE Thence N89°51'06"E, 91.55 feet along the south right -of way line of East Chateau y� 5 Drive• •tA�i mom' ��<'�: �.. �! f 173 Easl Winding Creek Drive Eagle, ID asses PH 20a/246.8300 FX 208l246.8320 Thence 109.9E feet on a curve to the Left having a radius 70.00 feet, a central angle of 90°00'00", a choxd bearing of N44°S 1'06"E, and a chord length of 98.99 feet, along said rightmofwwway line; Thence N00°08'54"W, 289.87 feet along the said east right -of --way line to the north line of the east half of the southeast quarter of Section 5; Thence N$9°55'28"E, 721,2E feet along the north line of the east half of the southeast quarter of Section 5; Thence S20°34' 14"E, 48.04 feet; wti�nv.wrgdesign.Com wvrw.��rrgdesign.com Page 1 of 2 Meridian i'own Center Rezone continued... Thence N89°55'28"E, 356.73 feet parallel with the north line of the east half of the southeast quarter of Section 5 to the west right -of way line of North Eagle Road; Thence N89°55'28"E, 70.00 feet parallel with the north line of the east half of the southeast quarter of Section 5 to the west line of the southwest quarter of Section 4, Thence N00°10'43"E, 45.00 feet along the west line of the southwest quarter of Section 4 to a brass cap marking the west quarter -section corner of Section 4; Thence N89°51'01"E, 70.00 feet along the north line of the southwest quarter of Section 4 to a brass cap right-of"way monument, Station 142+26.5, on the east right. of -way line of North Eagle Road; Thence N$9°SI'Ol"E, 1258.2$ feet along the north line of the southwest quarter of Section 4 to a 5/8 inch rebar marking the center -west sixteenth -section corner; Thence N89°50'47"E, I330.68 feet along the north line of the southwest quarter of Section 4 to a 5/8 inch rebar marking the northeast corner of the southwest quarter of Section 4; REV APP VAL BY Thence S00°10'49"W, 1314.73 feet along the east line of the southwest quarter of Section 4 to a 1/2 inch rebar marking the southwest corner of Clover Meadows 40 TU Subdivision No. 3 Book 24 of Plats at Page 1524 records of Ada Count `'"��rjtn�AS pEpTIG Thence N89°S$'34"E, 66297 feet along the south line of Clover Meadows Subdivision No. 3, to a 1/2 inch rebar marking the northwest corner of Venture Subdivision, Book 27 of Plats at Page 1704, records of Ada County; Thence S00°04'25"W, 1266.52 feet along the west line of Venture Subdivision to the north right -of --way line of East Fairview Avenue; Thence continuing S00104'25"W, 57.74 feet to the south line of Section 4; Thence N89°4639"W, 664.76 feet along the south line of the west half of the �` ° `'`'' ~"(� t �_<' ' southwest quarter of the southeast quarter of Section 4 to a S/8 inch rebar marking the is ✓ U� F south quarter -section corner of Section 4; ° `" 'r' Thence N89146' 17"W, 2659.51 feet along the south line of the southwest quarter M; , Section 4 to the POINT OF BEGINNING. The above -described parcel contains 258.39 acres, more or less. Subject to any existing easements or rights -of way of record or apparent. Page 2 of 2 I E D E S I G N I N Co i i LAND PLANNING CIVIL ENGINEERING LANDSCAPE ARCHITECTURE LAND SURVEY i i 73 East Winding Creek prive Eagle.lb 83616 d PH 208/246.8300 FX 208/246,8320 www.wrgdesign.com www,wigdesign.com E Closure Worksheet Searing Distance Latitude ---------.....-- Departure 0.000 0.000 S89°46'66"W 1322.11 -5.025 A 322.100 N00°06'56"E 45.28 40.255 -1322.009 N00006'56"E 1265.40 13050652 -1319.457 N00°07'13"E 711.69 -T 2017.341 -1317.963 N00007'1 VIE 239.31 W 2256.660 -13179461 N89051'06"E _ 91.55_ 2256.887 -1225.911 N44°51'06"E 98.99 2327.064 _ -1156.096 N00008'S4"W_ 289.87 261649341 _ A 1566846 N89°55'28"E 721.26 2617.885 435.587 S20034'14"E 48.04 _ 2572.908 418.708 N89055'28"E 356.73 2573,378 -61.978 N89°55'28"E 70.00 25736470 8,022 N00010'43"E 45.00 2618.470 _ _ 8.162 N89051'01"E 70.00 2618.653 78.162 N89051'01"E - 1258.28 2621.941 1336.438 N89050'47"E 1330.68 2625.509 2667.113 S00°10'49' Vll 1814,73 1310.785 2662.976 N89058'34"E 662.97 1311.062 -� 33259946 S00°04'25"W 1266,52 �- 44.543 3324.319 S00004'25"W 57.74 _ -13.197 3324.245 N89046'39"W 664.76 -10.616 2659.490 N89046'17W 2659251 �0.004 0.001 Closure Error 1: 30297,230 -0.004 0.001 COMMITMENT OF PROPERTY POSTING Per Unified Development Code (UDC) 11-SA-SD, the applicant for all applications requiring a public hearing (except for a UDC text amendment, a Comprehensive Plan text amendment and/or vacations) shall post the subject property not less than ten (10) days prior to the hearing. The applicant shall post a copy of the public hearing notice of the application(s) on the property under consideration. The applicant shall submit proof of property posting in the form of a notarized statement and a photograph of the posting to the City no later than seven (7) days prior to the public hearing attesting to where and when the sign(s) were posted. Unless such Certificate is received by the required date, the hearing will be continued. The signs) shall be removed no later than three (3) days after the end of the public hearing for which the sign(s) had been posted. I am aware of the above requirements and will comply with the posting requirements as stated in UDC II-5A-5. Applicant/agent signature � �( ('��� d� Date CC`'N I9'l/ FPVMY lam, LL(20,> fy of Meridian Pre-ajvlieation M, Notes Date: Project/Subdivision Name: (1,e K+c tcA I Applicant/Contact: chid rem i ; Wi I K ff v r(3ri an It n-N a. of City Staff n&l rodeb'P- +eI SI:YhIqat 8i I Location: _Nuic, e tiIEG of eaq1-e Avr_ Existing Zoning: KUT II,NAda Cty) Contiguous and Within AOI (AZ only): ees Proposed Zoning: G-G @ T Number of Units and/or Lots. Property Size: Dwelling Type (if residential): rnu Iki- am l Surrounding Uses: _Cesmm e r�,'al , resident Iial Comprehensive Plan Designation(s): Mixed Use - k'Co era. ) Street Buffers and/or Land Use Buffers: 35' hayre r a 16n j Earle 4 #Fa i r L1 ew , Z5' r -hv rend Open Space/Amenities/Pathways: Street System/Stub Streets/Access: Sewer and Water Service: LAJ ► Pub 11 � Topography/Hydrology/Floodplain Issues: N A Canals/Ditches/Irrigation and/or Hazards: History: Additional Meeting Notes -nneX G-II OF par��r4-y �,J C� n z�R �Id � ,��-1 plan IPIPua Sege S'pe�+4 . use �andardf -For rnu Hi _ Ginn v )y d 1 n _ . .. � Yvovla¢ .S�kJAr � I�ip •i, vSts wcttL, ' req- 2lbl�A �C.4'l•P. are Idaho Transportation Departm Sanitary Services Corporation Central District Health de-f-tch.ad UDG 11-? to CCn�tact..(.cirde)• viTt-� Ui��� Nampa and Meridiau Imgatio Parks Department 6i.� 600v *YUci n� Settlers Irrigation QPu6 e Works Department Fire Department Building_Depariment Police Department Oilier: �� 1�i5'I'r; �-r d<Qv lrc�ctc Applications Required (circle all that a I Accessory Use Desi Review r4l Pooa�4 Alternative Compliance Final Plat Modification ation Misc. (DA Modification) Certificate of Zoning Compliance Planned Unit Development Comp Plan Map Amendment Prelimin Plat Comp Plan Text Amendment Private Street nn i�l(ln TToa Dorm ,t M�e1J-r7v�q�i�y Rezone Additional Pre-Application Conference (circle one). Required Short Plat Time Extension UDC Text Amendment Vacation arlanc -P' r accreu 4o er: S Oth a�equired Anticipated Submission Date: S - i S - o� Anticipated Hearing Date: � rst-1�r i � Ocj-b bar a"c SvbmS-} earlier i-��oSs111111111111141 0 ble Irossi bl-e ecc,rl�er ling. dQ NOTES: 1) AppIicants are required to hold a neighborhood meeting, in accordance with UDC 11-SA-SC, prior to submittal of an application requiring a public hearing. 2) Except forrEUDC Text Amendments, Comprehensive PIan Text Amendments and Vacation applications, all other applications requIIIiring a public hearing shall be posted m %cordance with UDC 11-5A 5 D. 3) The information provided during this meeting is based on current City Code and ,:omprehensive Plan. Any subsequent changes to City Code and/or the Comprehensive Plan may affect your submittal and/or application. This pre -application meeting shall be valid for 6 months. Form No. 1068 2 ALTA Plain Language Commitment Commitment No.: NCS-291346 BOI Page 1 of 14 First American if Company of Idaho National Commercial Services 7311 Potomac Drive, Boise, ID 83704 (208)375-0700 - FAX (866)706-9419 ADA COUNTY TITLE UNIT Title Officer: May Lin Carlsen To: CenterCal Properties Order No.: NCS-291346-BOI 7455 SW Bridgeport Road, Suite 205 Tigard, OR 97224-7252 Attn: Andy Wilk Your Ref: Re: Property Address: 3600 E. Fairview Avenue, 1795 N. Eagle Road, Meridian, ID 83646 COMMITMENT FOR TITLE INSURANCE Issued by FIRST AMERICAN TITLE INSURANCE COMPANY Agreement to Issue Policy We agree to issue a policy to you according to the terms of this Commitment. When we show the policy amount and your name as the proposed insured in Schedule A, this Commitment becomes effective as of the Commitment Date shown in Schedule A. If the Requirements shown in this Commitment have not been met within six months after the Commitment Date, our obligation under this Commitment will end. Also, our obligation under this Commitment will end when the Policy is issued and then our obligation to you will be under the Policy. Our obligation under this Commitment is limited by the following: The Provisions in Schedule A. The Requirements in Schedule B-1. The Exceptions in Schedule B-2. The Conditions. This Commitment is not valid without Schedule A and Section 1 and 2 of Schedule B. FirstAmerican Tifle Insurance Company Form No. 1068-2 Commitment No.: NCS-291346-BOI ALTA Plain Language Commitment Page 2 of 14 THIRD COMMITMENT (TO DELETE EXCEPTIONS 14, 15 & 16) 6-5=07 SCHEDULE A 1. Commitment Date: May 18, 2007 at 7:30 A.M. 2. Policy or Policies to be issued: AMOUNT Standard Owner's Policy ALTA Std Owner Policy 1402.06 (2006) $ TO BE $ DETERMINED Proposed Insured: CenterCal Properties Loan Policy ALTA Ext Loan Policy 1056.06 (1) (2006) $ TO BE $ DETERMINED Proposed Insured: FEE Endorsements: $ Less a Credit of - $ NONE 3. Fee Simple interest in the land described in this Commitment is owned, at the Commitment Date by: Eugene M. Kleiner and Michael E. Huter, Co -Trustees of The Julius M. Kleiner Memorial Park Trust, U/T/A dated April 5, 2007, as to an undivided one-half interest; and Walter Herman Kleiner and Elizabeth S. Kleiner, husband and wife, as to the remainder 4. The land referred to in this Commitment is situated in the State of Idaho, County of Ada, and is described as follows: The Southwest quarter and the West half of the Southwest quarter of the Southeast quarter in Section 4, and the East half of the Southeast quarter in Section 5, all in Township 3 North, Range 1 East of the Boise Meridian, Ada County, Idaho. EXCEPT THEREFROM that property deeded to State of Idaho in Warranty Deed recorded July 28, 1955, as Instrument No. 380667, Ada County Records. ALSO EXCEPT THEREFROM those properties deeded to State of Idaho, Idaho Transportation Department by and through the Idaho Transportation Board, recorded May 25, 1995, as Instrument Nos. 95035387 and 95035388, Ada County Records. ALSO EXCEPT THEREFROM those properties deeded to Ada County Highway District in Warranty Deeds recorded September 21, 2001, as Instrument Nos. 101097066 and 101097068, Ada County Records. flrstAmerican Title Insurance Company Form No. 1068 2 ALTA Plain Language Commitment Commitment No.: NCS 291346 BOI Page 3 of 14 ALSO EXCEPT THEREFROM a parcel of land situated in the Northeast quarter of the Southeast quarter of Section 5, Township 3 North, Range 1 East, Boise meridian, Ada County, Idaho, begin more particularly described as follows: Beginning at an iron pin monumenting the Northwest corner of said Northeast quarter of the Southeast quarter of Section 5, from which a brass cap monumenting the Northeast corner of said Northeast quarter of the Southeast quarter of Section 5 bears South 890'40" 37" East 1,324.57 feet; thence along the Northerly boundary of said Northeast quarter of the Southeast quarter of Section 5 South 89140'37" East 159.86 feet; thence leaving said northerly boundary South 00115'07" West 289.88 feet to a point of curvature; thence Southwesterly along the arc of a curve to the right 109.96 feet, said curve having a radius of 70.00 feet, a central angle of 90000'00", and a chord bearing South 45015'07" West 98.99 feet; thence North 89044'53" West 91.56 feet to the Westerly boundary of said Northeast quarter of the Southeast quarter of Section 5; thence along said Westerly boundary North 00031'17" East 360.08 feet to the Point of Beginning. ALSO EXCEPT THEREFROM a parcel of land situated in the Southeast quarter of Section 5, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, being more particularly described as ]lows: Commencing at the Northeast corner of said Southeast quarter of Section 5; thence along the Northerly boundary of the said Southeast quarter of Section 5 North 89040'37" West 70.00 feet to a point on the Westerly right of way of State Highway Number 55 (Eagle Road), being the Real Point of Beginning; thence leaving said Northerly boundary and along said Westerly right of way South 00034'43" West 45.00 feet, thence leaving said Westerly right of way and along a line parallel to and 45.00 feet Southerly of said Northerly boundary of the Southeast quarter of Section 5, North 89140'37" West 356.73 feet; thence North 20010'05" West 48.04 feet to said Northerly boundary of the Southeast quarter of Section 5; thence along said Northerly boundary of the Southeast quarter of Section 5 South 89040'37" East 373.75 feet to the Real Point of Beginning APN: S-1104-34-6603; S-1104-43-8800; 5-1105-44-9011 Commonly known as: 3600 E. Fairview Avenue, 1795 N. Eagle Road, Meridian, ID 83646 FirstAmerican Title Insurance Company Form No. 1068 2 ALTA Plain Language Commitment SCHEDULE B-SECTION ONE REQUIREMENTS The following requirements must be met: Commitment No.: NCS-291346-BOI Page 4 of 14 1. Pay the agreed amounts for the interest in the land and/or the mortgage to be insured. 2. Pay us the premiums, fees and charges for the policy. 3. Documents satisfactory to us creating the interest in the land and/or the mortgage to be insured must be signed, delivered and recorded. 4. You must give us the following information: A. Releases) or Reconveyance(s) of items(s) AS MEETS INSURED'S REQUIREMENTS. FirstAmerican Title Insurance Company Form No. 1068 2 ALTA Plain Language Commitment SCHEDULE B -SECTION TWO EXCEPTIONS PART I: Commitment No.: NCS-291346-BOI Page 5 of 14 Any policy we issue will have the following exceptions unless they are taken care of to our satisfaction. 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. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the title including discrepancies, conflicts in boundary lines, shortage in area, or any other facts that would be disclosed by an accurate and complete land survey of the land, and that are not shown in 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 heretofore or hereafter furnished, imposed by law and not shown by the public records. NOTE: The foregoing numbered exceptions (1-6) may be eliminated in an ALTA Extended or EAGLE Coverage Policy. firstAmerican Title Insurance Company Form No. 1068 2 ALTA Plain Language Commitment SCHEDULE B -SECTION TWO EXCEPTIONS PART II: Commitment No.: NCS-291346-BOI Page 6 of 14 7. General and Special Taxes for the year 2007, an accruing lien not due or payable until the fourth Monday in November 2007 when the bills are issued, the first half of which is not delinquent until after December 20, 2007. 8. General taxes which may be assessed and extended on any "subsequent" or "occupancy" tax roll, which may escape assessment of the regular tax roll; which are a lien not yet due or payable. 9. Liens, levies and assessments by Nampa -Meridian Irrigation District. 10. Right of way for Stokeberry Lateral &South Lateral. 11. Except mineral or water rights, claims or title to mineral or water. 12. Rights, rights of way, reservations and exceptions in the patent recorded in Book 3 of Patents, Page 113. 13. Rights, rights of way, reservations and exceptions in the patent recorded in Book 5 of Patents, Page 18. 14. This item has been intentionally deleted. 15. This item has been intentionally deleted. 16. This item has been intentionally deleted. 17. Easement, including terms and provisions contained therein: Recording Information: Book 19 of Miscellaneous Records at Page 624 In Favor of: IDAHO POWER COMPANY For.0 power lines 18. Covenants, conditions, restrictions and easements contained in the Deed to the State of Idaho, conveying a portion of the property adjoining. Recorded: July 28, 1955, as Instrument No. 380667 19. Agreement upon the terms, conditions and provisions contained therein: Dated: Parties: NAM PA &MERIDIAN IRRIGATION DISTRICT & MORRISON- KNUDSEN COMPANY Recorded: April 5, 1973 Instrument No.: 841610 FirstAmerican Title Insurance Company Form No. 1068 2 ALTA Plain Language Commitment 20. Easement, including terms and provisions contained therein: Recording Information: 8026154 In Favor of. IDAHO POWER COMPANY For: power lines 21. Easement, including terms and provisions contained therein: Recording Information: 90530008 In Favor of: IDAHO POWER COMPANY For: power lines Commitment No.: NCS-291346-BOI Page 7 of 14 22. Covenants, conditions, restrictions and easements contained in the Deed to the State of Idaho, conveying a portion of the property adjoining. Recorded: May 25, 1995, as Instrument No. 95035387 and 95035388 23. License Agreement upon the terms, conditions and provisions contained therein: Dated. August 5, 1996 Parties: NAMPA & MERIDIAN IRRIGATION DISTRICT & INTERMOUNTAIN GAS COMPANY Recorded: August 9, 1996 Instrument No.: 96066964 24. Terms and Conditions contained in Easement, by and between JOINT SCHOOL DISTRICT N0. 2 and WALTER H. KLEINER and EUGENE M. KLEINER, recorded December 23, 1999, as Instrument No. 99121751, Records of Ada County, Idaho 25. Easement, including terms and provisions contained therein: Recording Information: 7749046 In Favor of: Idaho Power Company For: power lines 26. Unrecorded Leaseholds, if any, rights of parties in possession other than the vestees herein, rights of chattel mortgages, vendors and vendees under conditional sales contracts of personal property installed on the premises herein, and rights of tenants to remove trade fixtures. 27. Any facts, rights, interests or claims which would be disclosed by a correct ALTA/AGSM survey. FirstAmerican Title Insurance Company Form No. 1068 2 ALTA Plain Language Commitment Commitment No.: NCS-291346-BOI Page 8 of 14 INFORMATIONAL NOTES 1. Other than as shown in Schedule B; we find no Judgment Liens, State Tax Liens, Federal Tax Liens or Child Support Liens of record which attach to the name(s) or interest of the vested owner and/or proposed insured owner/borrower. 2. Pursuant to the State of Idaho Insurance Regulations: A cancellation fee will be charged on all cancelled orders, unless notified to the contrary, all orders shall be cancelled and a billing sent within 6 months of the effective date on the commitment. NOTE: General and Special Taxes for the year 2006, in the original amount of $6,694.06, Code Area 60, A. P. No. S-1104-34-6603, have been paid in full. NOTE: General and Special Taxes for the year 2006, in the original amount of $324.50, Code Area 59, A. P. No. S-1104-43-8800, have been paid in full. NOTE: General and Special Taxes for the year 2006, in the original amount of $1,443.88, Code Area 242, A. P. No. 5-1105-44-9011f have been paid in full. FirstAmerican Tit/e Insurance Company Form No. 1068 2 ALTA Plain Language Commitment CONDITIONS Commitment No.: NCS-291346-BOI Page 9 of 14 1. DEFINITIONS (a)"Mortgage" means mortgage, deed of trust or other security instrument. (b)"Public Records" means title records that give constructive notice of matters affecting the title according to the state law where the land is located. 2. LATER DEFECTS The Exceptions in Schedule B - Section Two may be amended to show any defects, liens or encumbrances that appear for the first time in the public records or are created or attached between the Commitment Date and the date on which all of the Requirements (a) and (c) of Schedule B - Section One are met. We shall have no liability to you because of this amendment. 3. EXISTING DEFECTS If any defects, liens or encumbrances existing at Commitment Date are not shown in Schedule B, we may amend Schedule B to show them. If we do amend Schedule B to show these defects, liens or encumbrances, we shall be liable to you according to Paragraph 4 below unless you knew of this information and did not tell us about it in writing. 4. LIMITATION OF OUR LIABILITY Our only obligation is to issue to you the Policy referred to in this Commitment, when you have met its Requirements. If we have any liability to you for any loss you incur because of an error in this Commitment, our liability will be limited to your actual loss caused by your relying on this Commitment when you acted in good faith to: comply with the Requirements shown in Schedule B -Section One or eliminate with our written consent any Exceptions shown in Schedule B - Section Two. We shall not be liable for more than the Policy Amount shown in Schedule A of this Commitment and our liability is subject to the terms of the Policy form to be issued to you. 5. CLAIMS MUST BE BASED ON THIS COMMITMENT Any claim, whether or not based on negligence, which you may have against us concerning the title to the land must be based on this commitment and is subject to its terms. FirstAmerican Title Insurance Company Form No. 1068 2 ALTA Plain Language Commitment Commitment NO.: NCS-291346-BOI Page 10 of 14 EXHIBIT A LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (By Policy Type) 1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY —1990 SCHEDULE B EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 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. Proceedings by a public agency which may result in taxes or assessments, or notice of such proceedings, whether or not shown by the records of such agency 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 the land or which may be asserted by persons In possession thereof. 3. Easements, liens or encumbrances, or claims thereof, 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. EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (1) the occupancy, use, or enjoyment of the land; (11) the character, dimensions or location of any improvement now or hereafter erected on the land; (ill) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land Is or was a part; or Qv) environmental protection, or the effectof any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 3. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 4. Defects, liens, encumbrances, adverse claims or other matters: (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the Insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an Insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting In loss or damage which would not have been sustained if the insured claimant had paid value for the Insured mortgage or for the estate or interest insured by this policy. 5. Unenforceability of the lien of the Insured mortgage because of the Inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the Indebtedness, to comply with applicable "doing business" laws of the state in which the land is situated. 6. Invalidity or unenforceabllity of the lien of the Insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth In lending law. 7. Any claim, which arises out of the transaction vesting in the insured the estate or interest Insured by their policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. 2. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B -1970 SCHEDULE OF EXCLUSIONS FROM COVERAGE 1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction In the dimensions of area of the land, or the effect of any violation of any such law, ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company and not shown by the public records but known to the Insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy and not disclosed in writing by the Insured claimant to the Company prior to the date such insured claimant became an Insured hereunder; (c) resulting in no loss or damage to the Insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the Insured claimant had paid value for the estate or interest insured by this policy. 3. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B -1970 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 2 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not Insure against loss or damage by reason of the matters shown in parts one and two following: Part One 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 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 heretofore or hereafter furnished, imposed by law and not shown by the public records. 4. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY -1970 WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE SCHEDULE OF EXCLUSIONS FROM COVERAGE 1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the effect of any violation of any such law ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant, (b) not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest Insured by this policy or acquired the Insured mortgage and not disclosed in writing by the Insured claimant to the Company prior to the date such insured claimant became an Insured hereunder, (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent insurance is afforded herein as to any statutory lien for labor or material or to the extent insurance is afforded herein as to assessments for street improvements under construction or completed at Date of Policy). 4. Unenforceability of the lien of the insured mortgage because of failure of the Insured at Date of Policy or of any subsequent owner of the indebtedness to comply with applicable "doing business" laws of the state in which the land is situated. FirstAmerican Title Insurance Company Form No. 1068-2 Commitment No.: NCS-2913460BOI ALTA Plain Language Commitment Page it of 14 S. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY-1970 WITH REGIONAL EXCEPTIONS When the American Land Title Association Lenders Policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy, the exclusions set forth in paragraph 4 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage by reason of the matters shown in parts one and two following: Part One: 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 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. 6. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY —1992 WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (Including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (1) the occupancy, use, or enjoyment of the land; (11) the character, dimensions or location of any Improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land Is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy; (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded In the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims, or other matters: (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the Insured claimant became an Insured under this policy; (c) resulting In no loss or damage to the Insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent that this policy Insures the priority of the lien of the insured mortgage over any statutory lien for services, labor or material or the extent Insurance is afforded herein as to assessments for street Improvements under construction or completed at date of policy); or (e) resulting in loss or damage which would not have been sustained if the Insured claimant had paid value for the insured mortgage. 4. Unenforceability of the lien of the Insured mortgage because of the Inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the Indebtedness, to comply with the applicable "doing business" laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any statutory lien for services, labor or materials (or the claim of priority of any statutory lien for services, labor or materials over the lien of the insured mortgage) arising from an Improvement or work related to the land which is contracted for and commenced subsequent to Date of Policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance. 7. Any claim, which arises out of the transaction creating the Interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (1) the transaction creating the interest of the Insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or (11) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination; or (Ili) the transaction creating the Interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. 7. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY —1992 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 6 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not Insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 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 Imes, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by 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 fumished, imposed by law and not shown by the public records. 8. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY & 1992 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (1) the occupancy, use, or enjoyment of the land; (1i) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation In ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded In the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims, or other matters: (a) created, suffered, assumed or agreed to by the Insured claimant; (b) not known to the Company, not recorded In the public records at Date of Policy, but known to the Insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the Insured claimant had paid value for the estate or interest Insured by this policy. FirstAmerican Title Insurance Company Form No. 1068-2 Commitment NO.: NCS-291346 BOI ALTA Plain Language Commitment Page 12 of 14 4. Any claim, which arises out of the transaction vesting in the Insured the estate or Interest Insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (1) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or (11) the transaction creating the Interest of the Insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to Impart notice to a purchaser for value or a judgment or lien creditor. 9. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY-1992 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 8 above are used and the following exceptions to coverage appear in the policy. SCHEDULES This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: Part One: 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 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. 10. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY -1987 EXCLUSIONS In addition to the Exceptions in Schedule 8, you are not insured against loss, costs, attorneys' fees and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or government regulation. This includes building and caning ordinances and also laws and regulations concerning: • land use • land division • improvements on the land • environmental protection This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date. This exclusion does not limit the zoning coverage described in items 12 and 13 of Covered Title Risks. 2. The right to take the land by condemning it, unless: • a notice of exercising the right appears In the public records on the Policy Date • the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking. 3. Title Risks: • that are created, allowed, or agreed to by you • that are known to you, but not to us, on the Policy Date - unless they appeared in the public records • that result in no loss to you • that first affect your title after the Policy Date - this does not limit the labor and material lien coverage In Item 8 of Covered Title Risks 4. Failure to pay value for your title. 5. Lack of a right: . to any land outside the area specifically described and referred to in Item 3 of Schedule A, or • in streets, alleys, or waterways that touch your land This exclusion does not limit the access coverage in Item 5 of Covered Title Risks, 11. EAGLE PROTECTION OWNER'S POLICY CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE -1998 ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE -1998 Covered Risks 14. (Subdivision Law Violation). 15, (Building Permit) 16. (Zoning) and 18. (Encroachment of boundary walls or fences) are subject to Deductible Amounts and Maximum Dollar Limits of Liability EXCLUSIONS In addition to Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or government regulation. This Includes ordinances, laws and regulations concerning: a, building b. zoning c. land use d. Improvements on the land e. land division f. environmental protection This exclusion does not apply to violations or the enforcement of these matters If notice of the violation or enforcement appears In the Public Records at the Policy Date. This exclusion does not limit the coverage described in Covered Risk 14, 15, 16, 17 or 24. 2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. codes if notice of the violation appears In the Public Records at the Policy Date. The right to take the Land by condemning it, unless: a. a notice of exercising the right appears in the Public Records at the Policy Date; or b, the taking happened before the Policy Date and is binding on You if You bought the Land without Knowing of the taking. 3. Risks: a. that are created, allowed, or agreed to by You, whether or not they appear in the Public Records; b. that are Known to You at the Policy Date, but not to Us, unless they appear in the Public Records at the Policy Date; c. that result in no loss to You; or d. that first occur after the Policy Date - this does not limit the coverage described in Covered Risk 7, 8.d, 22, 23, 24 or 25. 4. Failure to pay value for Your Title. S. Lack of a right: a. to any Land outside the area specifically described and referred to in paragraph 3 of Schedule A; and b. In streets, alleys, or waterways that touch the Land. This exclusion does not limit the coverage described In Covered Risk 11 or 18. This Exclusion does not apply to violations of building FirstAmerican Title Insurance Company Form No. 1068 2 ALTA Plain Language Commitment Commitment No.: NCS 291346 BOI Page 13 of 14 12. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY -1992 WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (Including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (1) the occupancy, use, or enjoyment of the Land; (11) the character, dimensions or location of any improvement now or hereafter erected on the Land; (III) a separation in ownership or a change In the dimensions or area of the Land or any parcel of which the Land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the Land has been recorded in the Public Records at Date of Policy. This exclusion does not limit the coverage provided under insuring provisions 14, 15, 16 and 24 of this policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the Public Records at Date of Policy. This exclusion does not limit the coverage provided under Insuring provisions 14, 15, 16 and 24 of this policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the Public Records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without Knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the Insured Claimant; (b) not known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (this paragraph (d) does not limit the coverage provided under insuring provisions 7, 81 16, 17, 19, 20, 21, 23, 24 and 25); or (e) resulting in loss or damage which would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of the Insured at Date of Policy, or the inability or failure of any subsequent owner of the Indebtedness, to comply with applicable doing business laws of the state in which the Land is situated. 5. Invalidity or unenforceability of the lien of the Insured Mortgage, or claim thereof, which arises out of the transaction evidenced by the Insured Mortgage and is based upon: (a) usury, except as provided under insuring provision 30 of this policy; or (b) any consumer credit protection or truth in lending law. 6. Taxes or assessments of any taxing or assessment authority which become a lien on the Land subsequent to Date of Policy. 7. Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy, state Insolvency, or similar creditors' rights laws, that is based on: (a) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or (b) the subordination of the interest of the Insured mortgagee as a result of the application of the doctrine of equitable subordination; or (c) the transaction creating the Interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: (i) to timely record the Instrument of transfer; or (11) of such recordation to Impart notice to a purchaser for value or a judgment or lien creditor. 8. Any claim of Invalidity, unenforceabllity, or lack of priority of the lien of the Insured Mortgage as to advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This exclusion does not limit the coverage provided under insuring provision 7. 9. Lack of priority of the lien of the Insured Mortgage as to each and every advance made after Date of Policy, and all interest charged thereon, over liens, encumbrances and other matters affecting title, the existence of which are Known to the Insured at: (a) The time of the advance; or (b) The time a modification is made to the terms of the Insured Mortgage which changes the rate of interest charged, if the rate of interest is greater as a result of the modification than it would have been before the modification. This exclusion does not limit the coverage provided under insuring provision 7. SCHEDULES This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Environmental protection liens provided for by the following existing statutes, which liens will have priority over the lien of the Insured Mortgage when they arise: NONE 13, AMERICAN LAND TITLE ASSOCIATION LOAN POLICY —1992 WITH EAGLE PROTECTION ADDED WITH REGIONAL EXCEPTIONS When the Ameripn Land Title Association ban policy with EAGLE Protection Added is used as a Standard Coverage Polley and not as an Extended Coverage Policy the exclusions set forth in paragraph 12 above are used and the following exceptions to coverage appear in the policy. F37T41�J_� This policy does not Insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: Part One: 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 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. Part Two: 1. Environmental protection hens provided for by the following existing statutes, which liens will have priority over the lien of the Insured Mortgage when they arise: NONE FirstAmerican Title Insurance Company Form No. 1068 2 ALTA Plain Language Commitment Commitment No.: NCS-291346-BOI Page 14 of 14 First American Tit/e Company of .Idaho National Commercial Services 7311 Potomac Drive, Boise, ID 83704 (208)375-0700 - FAX (866)706-9419 PRIVACY POLICY We Are Committed to Safeguarding Customer Information In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such information — particularly any personal or financial information. We agree that you have a right to know how we will utilize the personal information you provide to us. Therefore, together with our parent company, The First American Corporation, we have adopted this Privacy Policy to govern the use and handling of your personal information. Applicability This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner in which we may use information we have obtained from any other source, such as information obtained from a public record or from another person or entity. First American has also adopted broader guidelines that govern our use of personal information regardless of its source. First American calls these guidelines its Fairinformation Values, a copy of which can be found on our website at www.firstam.com. Types of Information Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include: • Information we receive from you on applications, forms and in other communications to us, whether in writing, in person, by telephone or any other means; • Information about your transactions with us, our affiliated companies, or others; and • Information we receive from a consumer reporting agency. Use of Information We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested of us; or (2) as permitted by law, We may, however, store such information indefinitely, including the period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and casualty insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal companies, home warranty companies, and escrow companies. Furthermore, we may also provide all the information we collect, as described above, to companies that perform marketing services on our behalf, on behalf of our affiliated companies, or to other financial institutions with whom we or our affiliated companies have joint marketing agreements. Former Customers Even if you are no longer our customer, our Privacy Policy will continue to apply to you, Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal information about you to those individuals and entities who need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be handled responsibly and in accordance with this Privacy Policy and First American's Fair Information Values We currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. © 2001 The First American Corporation •All Rights Reserved firstAmerican Title Insurance Company ,. �: f' , :7=r'.�Jt '' o •l;, }rd,all ,. to .l:r , ,aer� :r to— It I f�~ -PATEAM ar:.MP , - KT Rago ECORD-=�Casb �n�y ,;.. •` a ,K . ( �L... • VMS r to am - _- Fogg mem - 9�; f rIts ort"IMSHE �I�IITEeel 'D 9TATEWAFA IERR '� go tr `of is 4 ti. . t so OF IF 6 �� OF �'{ IF •me *u }' �o i'1'RTIi'TC•.17/:' .pia— -- (1 ;.;x;� x +' ' r ' ..me IFF-0 ,.I To all t0 % tSh~ nttis xhI lot all'arme, rK�t� .1����ii: /� •:� y�� VU0 For IF ago 77" Mot or gool, a game At" t IF qj r J toommit W"let a a Film �J.gemaaw:x hni7 drinxi/rrhn fhe rnr►vli•Lrnd,Im at 4 IlJlhe of Ihe,i%nllrrl Slnlra n Ctrli�ler�la of the: oppals Bge,r�ixhrojfhe /and J?/jlre«IS�J:�'i sue,,it % - �i. ;�_� �� rrherehl/it ap/Jei%a lhaEr frett pnUtneni hall been: or `rar�fle hlj the avrid .�-' __ �, _ For twit ar) fly O�Ioore �� -� " " Tat �'.10 ° ittEFitralvv arrorv/ing lathe prorixionK of the.4r/ of�(�f*IrKK of Ike .4th oj.4pri►,18:rJf, entil/rrt 11.4Jr :4ce'inn�inQ jierlhcr proriaion j%F all ot ; {/ lAe a"trle n//P«/dJr. G►h{l �;' not lie arlK K«lgeAelllentrnhrl fkrnl jnr- -- »-yam- It �. /L•r- -/ + , �� . I.-b / \ r.- it r'\ .,�y•, •'2 - '1• f -e;J /t /.� it I r ( /4J rr.✓ f (JJt. 1 trf�r /y70 f.' ! r� : L' t; •Yrrp. � } '• 'Y'~ ',( raw gooir '• Fee goal,/1 / C �•.ti J • ♦ / .. `(,1 :11 �, I•to TFew rt �Q:% ! f, A.�E•7I •I. J•! ✓' i./-/'�. `i� cvit-'� /j/ _ 11/�q'u�J F" y:t �� •%;!•!,'t.QifJ ��-t Voltage goltrw Lliq .-^-' M!FV •`t • e? ^/ /` �• I U•/-L_1 ///. I IJVYI.c to v I 7 JL-r��v •� •'« 9/% }-,^ n _G?_r.t c.rr �� .F.�.+1 (,x nin: Jr lr, �:IF, ft,+; sue= _FF _�y' •,� to Flat a 04 am Va. Y(!i 7,f �3.• .V 11.1 go r' me I _, _-.-.. _ _ r �: a,�y1 r'. t+ 4".'.,'' 01 Flat It 0 j;,z 4 •M- 1.�� :�.. w.. �... .. ' t - IF y/ It get �l ,game Veto IF, It a V agato 0 *a For IF mder IF - ;A+"`; _ ,\.ire.• .,x'grom WIN, ie,e _ _wet �`,- a5F: '_ V. ' Itmaps, da •fy` ' v; 1, 0 9 •�: r +'. _opleop ; ago go a age FYI Fiat, I tf rri v1 at F. mling /n lhr !Il/Jri«1 I'lrrl r f'!/ee.Yra rr rt !hr wlid Iirlrrliy rrl«rnrd 1« the r,r^«rJ�r1-%iri«1 n Jreht Ihe'SnFle tailrrel rir I:rnrrnl-•IF ?',`. irhFrh rurirl TrnrJ-- hrl. S _ l/rr•!r prirrhnxrr/ h// Ilrr x«irl ////`` _ ---. r /�(' �- , ' r ti _ c - �jt—~✓t•t-Y' _ ��/% S1f/r•rt.rt�I/Y.��f�^—.=:r �.� ^��`.. -'•.*' -me. It'•.��,t V,l Flate� ;;jpllt �riOlt> �ljer Tlurl the I'n//n! rrf►rK rtj. imrrh r, in Wage rMlk;drw+linn n% /hr pJe iniftrx, irrrtt in rnnjnnuilJ milli the ? �;"' ':a:(ti Y> `game W! itrrirrlarrxt,/"<'nn4rrt+ri«rt%rbr«xrnuldr41011pr�rlr/rrl,lir0. ir`/rrn«rrrJbritntvrl,«iirlGjlhrxe�/n'rarnlKdorJrr«rid_t':«nt vrufo %/te xn;r/ l. ; ::I .L,-._wegglowL Flageolet •l. t _I OFF or; J _ •. _ G- __ .... Fe . = . , t , M'a; irnd 1«Iowa a. atc%''-+� hr irK,1Gr.,xnid rvlrls`;' nlwrr drxcn7rrr! ; �, ;f•:; ••= S�fhr%FF.el a*,`+rdnl�.'% lkrr irifl/fhe`lrihlx, l/ririlr,�Amr rK„JmnrtinillrK turd «pJnirfrnnnrrx; nf• iO �AI1e Alta t0 j b�.:. ' _ : - -- -.- A: v i� Yrrlt«l1ir rrr«)n/rfJr,therrrrntnhrinad:na.filltotheJulbl .-/ Fiat ;iat n`L -/._ ff /f�/i^/ -• -;i: t ItIt ripd f:1=s or r t r .� hr/rir n»rl «,rxl;ilK�tirnr; an/drrl fn«irry, rrxlr nnrl «rrr«rr! rrnlri,rigbla fur rninin�J, n�rJrul/rrrnl,� �nAl%bVjlnJJtage aI�IrJlINl14 rir nlher /ll+r/irJKrK, rind 19Qlrtx Ioi!//rkrx nnr% t�Krrrn 1'x «xrrt in'rnn(trrtinlairilh xriih rrvrlrr rir/f1M /IK RrN� trr r:Ontif n/null «rknnfr/rthnl h//the lrx al ruxlriJnlr. I«trx nn�l dirixirgrx ,'nffrlw• it rift also yll jeet to Ihe rirrhI of the pntprl-. .1 W: % .,�. t I .njrYreiu fir /nr/r /u radnrrl nrtd rrnlnrc his nw /hrrr rv»i; Klinnh►!he xrJJne l e jnnitl /n lJrnr/rvllr or iu/rrxrr/ /hr prrulJxrx. t r'•} limrlq/ •tra«Jrv►, ISO pr»ri•►rI lr/ fn•e; nn t lh�rr iv rvrrtrrl jrnn! Ih- /•ne le h-rrh9 �rvud %•l, ni riQhl njrarr// thrrwn+ for .lilt hrli 'zYOR r=yr)I�xfit 101 17rlrlhUlhrnnlhnrill/nfNr i%nilyd.N'n/rsget, ,° r ^ `$tt des it 3bherco I....__,- r(/.J"h;,rat "r YL. mall6-="�_ sr. r, _-�%�? ?_; ^� haHtlt �(�I OIttN Epta d ituki, y ���,, }} tirit011 fi ? hiri4rrifixrd lhrxr. /rJlrrx hi IIr nmde PnMnI, and Ike $rill n%!ht (Jr«rrnl /nnrt Illl/cn to Jri hrfruntn «llJ.rrd. j/ a �iued rr«r/rr+l+r bnnrl, Ihli G'il// ojTt'nxlrin�lnn.4. 4lh �all�;��t'. r_%.,/y�" �T, ; ; v r to s' ! - �?f.aii� h/_ _ _ . , i /he Uenr of nor 101 one /hnrrKtnrrl ii�rlrf; . . x t 4 a h 9� � - �= f�.rsZe +C ky.-me go ( l!J i. raf l t '� find a the I rleprlydrrirr. it/Ihe l,'trllnt l : b J mil\ h«ndrrrlfrrid_,_ �-r . s .!- It. ;y I(, (SEAL] tSlnlrx ll(rnrieA«nrlrit► ilfrt/. Ve2t O eFr io, t"h'�t 1, ?� ,:• , 1~ tilt resiMat:=' r� : t: got ter, . Y • iir:l It map v1% go 3Fd,4K elftI OFF �lhll �j'ti �.% _.r .T�^_� lrrrrlrrrj $C. ,,.j Itte �. DD s 4 11,041,'` •. IF �:f_I ic,. r ((Q'' _ Gr •. 1-i�1✓ XttnJvleroflli6 �ratev+Iln1 IAge �lte .>` total Oat f1i Rerirtl�l Were ���'rP«ge:il���' - ��-_ - .. -t s ems. �: _ _. . . t :tiiqq* _,� �"--- r.,.• ' 6" plifF that this blirlrunerrrl'ririerrrttlrvlerl al the request ilj• ..{k l qg a O� • .. ih .LUurtljU _` am ; Fill lateral Fwmt. It .mmm emm, f!d X,Ia a _ �irl,. / _ .1.1J.18U�/-• 77 r_-ritrl+ick-1l_ .tC..L U j t FS _ .. r 3f'. -For Rreordi1...d �ti} *'tiAge 14 jJ� :' t. yr %r �me wmwpft�'. c..if,(.Y- r ,•?�{ lit/ ,'.,. �oft";: ^/� :j 4 .: IF A400 IT I ;. ..�.. • fa. ••! ': .: r<...., • 'fin':•, �i � • r ," , ,!" ;i. e. tyL'LOS k ?•ai+�.p..F��i ,�,•' ' A A y _ Tri,�\r i agee.�:f:.T._r: '4 -3 ;rrt\s f;--ty3y •iw,�;1!�{'= Crr ,1'er' . , ,1•,q{.`..,, I A At ft IF ;fill':�' _ C PATENT RECORD i 'r • o a 4At rr� A. !: o... AWI ,I sj.:e'�. ,•: InBt UlaOYtt�Se�'4W29� �.;,j` ,. r4alLld Rtatse d yi,: , �Iiiri �. :1r A��uiee.L Hioe ,}, ,{0 r.r"rewerwrer. 7• <r s. .J ., ..,r.trto, "� }i I T F fl 9 7 A T F. 3" 0 T+.. A''I.FKto At IFR R I 0 A "FAA FAr., It b..�ti' i =r WooFa'r;tt!H 9HA';+ ^-ptS: OR"F'PI1ia: . r,.. IF fi :A WIFFA4.. T,an?� ';a ' z . ''` - TO AIL T O W )l 21 FiiR P .?w _ : f:, /0 .. A . tZ I ' . j i • :A. tIN' nerieral- TAM •:+ . 5:: 3 FAI 9. " ;��' or ti territory has jypoaitO d in k . i!{BtBAB R1111aa.I;.HioA� or Add CmutYe Idaho "'i.;:;. _ rr'. t the Reglater. of the Land Otfioe et BoSae;C1Wt` •� x, �' . �...z : At : €::: ' gtetee a Certi.tioate o �, ;;_ too, s'. off Ioj of the United eat hea b ands, by the eAid W111ia :L,.'� ;': - •,1 • . ,.o .....r �. •• een .. !aY' .'' J••� ;a;.'r, 'is BPPea�e'that full PeYm { ' y: " - i Yip Tairritarlf u!he!bbY tjt. dt Apr11, 1prLOr.sitled, ...x,• - %. of Con pwea of the ?A s s F ..;.. rovietorta of thsi Aat }%=': Hies saoordi h; t o the' p - , leis►-;; :'r: - rRx; ,D12a Letlde. aridLhe Ante:aupp -: z�`: ' �n"Aot`�fus6her Provieio�i tale the sale of the P� "IF Fwx-s,,�...: FIF,.AFA.rt. , elti three North of Retvb,�» East � ?~% %> A A ..: +->iA::, in Tom P OLi0n tail! n., FAA"�.' }t1_theseEo,for'tla KauthDalf of Se Gcree. eoaordinB".� ; . <e:G_ tt .:}: t'tree hu+rh ed AlY1 twelt�•Y r � :Y ,:% `+ -�" cr Ifs rlrIF ileIF n,in IdehO Tarrit0 r77 OO nteitd.n8 ' :pay.' r ( •' r<• of o.;• i the Gonore7 Land Off fps i;�i :; { > of the eoid Uide� iroturned M r`":' •t tfei Off it Pl5% of the 6llrray a ��+ `_ ` F< roiaeid''Lpi•the enid?Ii111eh:LI, r i Ur. ther FAII I pHttetal Mt1ic!t Bald Tract has been pu t,•::.At; it7, • .... !settees' niudxn; IIIiced States o[ Auerioo, in consih+ration of Lh0 p : _►. �t %'v Uri .;.py. ems:-sgtt' , . ,i�Oe �1t.:1t!i„ a j proiddo# ha" van arid, `; I <.-- ` e several Acta of Co�eee 1n suoh OAae uad :. i; ' orMt i►ith the ie.,,F. y' , ujtto the said I11114am.U•Hlaa and.to h.a,z�: r: ";ttieee presents do eve I. end gra}ttr 4o eitti'a11't2s Y ' _ : '. "soft'I ... TO HOLD the Baas 3�h� StIlk FF CF.a •0 tfeaoriDed� iO AAVE AHSi1. heirar'.theY'e'.id Txeot bo t.,, :::4. �, ;:gar; ^ ,.y - rlonillaee ot.t�hat ,sever arturo thereltn*o-D91or1;111i,' % to rtvilodeer i utities� ? APpu voate�t ; rim , i.P:<;.-, M. - ;e •: , t `v:' ' IF ": fitt'' and to hie heirs and eea11P<a forever;.'aubleoL to arp/ y .INA idaLo the�ai+id M1111eie.L.H1ea, _ - end'!, t i .,•T Er%' • :.0 % ' icul4urel`'pam}fe0t�tring, orofher iruripsae- ., �;.. j( ienQ"ldbruud'.smter riposte for ldisinge 'tP r , ^' y' <ft to ea►.b�`�' FAA, I i4 . r yo tiltoTrs ant reservoirs used in omueotion with eu�h rmtor ri �s , 3"F A,A tntre'and deaiedan� of oourte,.I Rleo_;";. '*:" _ the looA1 asntoile i':.• re:ogr►1aiA`arul.aoknoWledEeti DY a hlaores `.; j ": of a vein or' terse to ox*reAt en:l rerwv i ^ A. t! ri L of the proprietor0. �.-9 FAA yd C `t_o'-,A- 4. is Al ar iritara0at the premises hereDg'dr'e���y:. r : i• i� �.IF I ' e„ne b oand to Penetrate , `�TisrefrI0,houlcl the 9 f > . IF prOfided Dyls!!+.'- t or the United tetee' oT America, "r i ' u 7i3u^y al�n Herrisonr' Preaiden = ; :a�°:ticY SFr T Bent :- I1 S 'FIAt - . iieneral Land pffioe attd th0 Feel of the e.. t E` I e oaueed three letters to be uade PateriEr har rp I At- - - r µ' A. III It It IF- rlto,.be. hArhellto affLud• I IF A third . day of POveidierin x: • r. r� J •;=: %': ; Y n the Lw0itCY -% �r.l-.:FAA A A.glV�i silsderFAA &V, irq haadr at the City of Maehirigto i. ^'IF S _"' ' ona thouaend sit Matdred and nirwtY•om r .!mod et the R • .. ' of . our Lord ;, '' 1 .. tha} IF _. c< :. `:: Y } r ` 0130. ,tiunrtCod Brut eixLeeriLh. �.'r.- _ �sr - At es the j In"Indeme of the United St It Bent: Benjamin Harrison AnBr. Seoretary.' ^� ' $q.tlw• Presi Ay Efiogsc rlelrlr 'r _.:fi'I I t >. :: r, enoral Ie F. ^ Z R Gerstell Reeordar• or he R n< r '�r'; }� :' Ad interim. . c �:::• i 7woarded Vol 3 PBK! ' `"x, =Jtt=� '��'' f s-•, m, Doo 'L6th 1912.+ I&A ; ' L er Idaho title & 'rust CO• at 4:35 P• s 4IF � •n. IAI IFA or3etl'a4^the raruoa l€;:wh,R _%�.-is: is goCOrder.r 1. ry:�y f,A At T.I IF WAR AI IF A F 'fin. . w.�.-aYr�rwv--trwti.n+wsrM1'•/��^'tnM�/! �,r MW.�.l�wllM+. MM�rtsuly/urn.', .•h�uTT�' .1tiI e . � • -I ACT AECOKD�No'.•i0 �- . ' ;.� •••.-•-•. � v..�.¢«M't.vM.Mstiu(M �.I.s.wW-a.:+�rW�MM. -«!"Tf' 4. 1 ,. S? 6 w �.�;:.. . �. . �'. � Yampa- }deridian Irrigatiop « � , " _ Inetrmaent /nmbai 96BE0' ' .. � � �.. ,'' �' ands. n ',' � - - .t `-�,', <•'-; �- Cather�1i.ne G. Geee1- ��!• . ' • . - - I) t� . �•- 4hie egreemept, medo,thie 10 day of Avgnst; 1921; batxeep Hampe d,lderidlea .• ' .Irrigetfon Dietriot,,iirat�part; end' Catherine C✓Geee a: widow, -second Tarty, TIPPHEEBEPH'� �� ' ' � � • :�W;�.REAB, the aeaond parties bean heretoiore, and daring the years. 1917, 1919, ;-:,. ��. .. � Idaho to= :and 1919,;beep.the'�ohners of theYYolloining deaoribed psoperty:in_ida County, .. ' ..�.: i•'! 1 - r."'_� •'rit: Tho South ,one-h�3�o3,Seotion'3oar in SOwpehlp three./orth� Ha��°�.,�et ad (. � . ,..... - ; 4 ��.�;. .Xy£'''`� '••Bolas ideridien,-together with tbe'wnte: appnrtenanL thereto.-and'etil.l possesses s �'"_' t •,l} -; pOptlagent,inteTBet in sei4 land enbleet Lo contraote Soir.eale of the seme,,aad whereas i - �h':.. �' said land has a deeded �ater.•right,appnrtenaut thezeto�from�the Holes 5lverthxovgh the' i .:. - �'Hidenbangh Canal; end ifrat party. es the arner of'the majority iptere�t in said Ceaal-w •:' :�,� '• hen heretofore maiptaiped epd'operated'the same and delivered said deeded water right'.' art and hie predecessors for ap'sanuel-malntenanoe °barge paid in ndranoe�� ; �-.• to the aeoond,P y. .; "• '. ` '� of the irrigation season; epd, vrhereae, the partioa hereto-oennot roach an egreemeat ae to the proper method ,oY_detarmining said aapuel.aharBe:ryfr�' -• ,'s: _ r ',�': 90W, THEFwFOFE, ae'a aomplete'settlemon0 oY all di3Yerencee betwoea said pasties ^ ' relating to enid °barge in -the past�end to establish a psrmeaent'method Yor iiriag the � . • i . ».;.;.>;,. t theYeoY shall �,.-'� amoant and Lime oY payment in'the Yntnze 1n eventleaid:leind:br say Pas• � ,, , .; ..�L.� ri Sf - .r � ..�. ?�• :� rever0 to eecon8 parSf-ae ou�acoount oY iorteitnre of �ezietiug coatraats oY Bale or iti �'x •• � � � arty by 3oreolceare or otherwise, and fn:..::.. esoat aeaond paxtiee'yehell enquire said prop > �„ . ,`•s _ oopefderetioQ of one dollar and other valuable oonsidoretions pall eeaond parties y first patty, it ie eTatually agreed BB Yollore: ' �. �.•a � � ,�ik;yl,i.Aa� 'k - .'Fir et party egreee�to"pertorm.th� anneal mBiatenapoe�orY on eoconnt oY arid,;• � c . u � g ht duripg.the.,irrigation season.' � . ik rater ri ht oY Beoond party aad Qeliver acid water rig and her predeoossoro have ':.� of each year into. the.leteral at.tiia:poiat ehera,eeoond.party•� , ,.tif,.,,..:v, , _ - ' ^'� been acenetomed to receive the same; sad Beyond party: eud liar Bucoea�s�pare.in title.toK�; •�` said we ter right, agree to pay tirst�party annually for enid Beivioe s maiateneaoe ✓, E • `; h Water &i hts + ' charge ecnal to one-heli�o£�the, general maiateaaaoe oharge'on Hldenbang 6 - �-:'-� _ � vione year. Provided,• � .. w• levied by Bret party agelast landB within the Diatrlot ;tor,the pre , ..�:: .'d. - r ?� '� that payment mast ba mad°'each ye Qs before the water•ie,trirned out Yor irrigation ender. i! �f.-, enid right and tirat party;will be.nndeY no obligation to mate asohydelivery natil � i . ,� '-��'' � ���.,f reement shall perpataelly bind the'partfee, their heirs.- �.:r`: payment her boss yBde.. Rh1a _ng . •�' - �: ���`•. 1 exoe t as otherwise prodded horein. ;>-}. , cr*^�. euoosseore apd'eeefgne,,, P and to 4"`"R"Y'�' reewent'ie made Exprees].y subject to. e11 salsa aY said property G . '; This eg .. - , aontraote therefor, heretofore made by second party and`eiiall not iri aqy mermen, kind ,r . or eatabllBh; ,, •``�` the:. pnrohasorB•thereto or etieot their ri@hte in and to said water right, !1 '�;,� ' .: ant oQ such °barge. , `,s; 6a�to such puroheaere, the amoaate, or the mothvd or times Oi paym ,y or eettlemeat. r..,_ , �� & �IDIdll IicnIGaT10u DIST:iICT - -� � (7hia aontraot made � gy ii, >.. Randall President, ��•` � ip, dnplioate} _ - Rirat Party. ,�,. RP itlQS 9EALI •''+* '' 1,�. �` �tgee�� < .. � . . 'SS X,� '�,�,i♦. . �. �` °;�.:,=: p.;D;:Cldy, Seoretery. '�:� A�s � STdTB ,QY IDAHO) � . . �:« , i County OY sda. 1"-,� - �� {.., . . �"` i � o� }8e tribe '"'�'�On this l7th'day p. �'�. .� r Cathergeoond Party. f � f r, 19£1, DeYore Hugh,. tdo$lroy; a ilutery Yublio in . • •...: i • r� �s' 0 z:: —♦ �' e`� en ' �siid'ior. said County apd;Stetc ..� � ,y ., , '-Y ';;She president o2 the damp *`a .'� r r'snoh,00rporation eseouted thi � In witnose��idie� ,�: - �y:. .a:. i' ��eeel:the`dnq and year in•the _= +�' . •STAR& OF�GAI•IFOftNIA '1 "�+{ " •..County of --,Loa Angalee' � � ��'; ::" ' , On tiiSa.�lOth. i 3 pnblio in and for said��ontr �• � known to �me to be the `pereoi >� ' t eo;saowleaged to mo thnt' aka Y• _ .},• �'� eael• thej�dey��aad yeari in�tb • •� . ,•a �_. _ �, � ✓ -� ��• °`', �) _ Record ��, • E •+ 1r+�', this E4 day o ..'` •• ,Y f + .t. 'N (�� + ` .+..�.. yrp�r�J+..�.r.n....w wwW •t++a...a~ • ..w:�. eieonally appee'rod H+ L, itendnll, knows to bo to be?w. � • r'� ,.¢ id?an Irrigntion Distriot end aoi:nowledged to me that r„e _ • -?'y � , !+ I have hereunto set my nand and aiiizea mq o2iioiel ., I r � . +�t�A l .. rtifioote first above written. ,� •• Eagh '�. YcBlroy. �I • Votary Pnblio for Idaho T Residence: Boma+ Idaho. � / of kugaot+ �921+ before me zcm, 1`. Galbraith, n Botarq 1 uod state, personally appeared Cetherin3C. Coen, a xidow, �. chose nsme� s�'e sabacribed W the within instrument .and i - . acutod the some: � �• ,;H+ I have ner�`nnt0 set av hand �d e121:ea mq o2iioiel I} ertiiioate first above aitten. - .- ', wm: L'. Galbraith � �� ' ( ' Votary pnblie for California• • Besidenoe: ion b� ach California =�•ity ooamiesion ezpires L'cy 10/23. i.' I! � . .. ;r ' �iegnest of R: B•. j,o$lrop at 30 minutes peat 8 o'cior3c, [• er. 192I . ie . �•. — •l R - � .. . :Y. F 'S!i� Syr c�a .ti ��" .. i< y. '�,.: � 1 � ,r ter; '"Yt��'•�'•'. z*� '-�'t�:�k ct�. >. �L 1;. s.�X.M.%+U *.� �: . �5jw .�' � r _��: • ��,7 �, .Y'��1' • �y[!y ` A s• /v/t :Mr1 �� h. '� b' Nip" `, .., .,lK. •. �x"irp ce;-y,c ry;, i , .1.I `i r� ti .Y • `a�A p;?''' . M.; :%". Vol . (A�(�y�� " ; 4° ' CONTRACT, RECORD"No.':106 .. - . • . ol to Alp, We ll FNII.ww.w..•~-'�•...a..y��"w�.'~r.�.....;.w� .•.��1 r..:.r—r.....•-..,.w......r.n.�.. `.•—�- . oll • •". 1 irrigation 31Sstzfot �o! QN�raia ' 1 u • Fi Y' i 1 _ • 14th dq-of lebrnary, in the year 19gg, before me, gu8h H. 21u81roy, _.�y, ''• s oar*d g• 2,• Hanaall, } 6.:ja and for or County and Ytat•o I pfreoaslly, PV b• the President of the paw b Meridian Irrigation Dlrtrfot ens notoowle46el fantr= n{.. ! ih eorpora{ion ezeoutid,4h iore9o1a6 ofYfolol goal ' il;�IlA1� . I. have herd e•{ or hsad•pa8 nYYfgod a9 Id "�osr fa thfo aertiflei,t•-first abots .i rittea• gnRh Hi Moioh"a j ;tto fo ary poblio, Yesfaeao•s Idaho st 3 ' e ��` ''•y.. M1wV ,.. • 41 M11 �,. ' •• N Y +* ' ' : • Laatraaeai Ember 98301 1 . ,; All 171 Pol to lee e lol Ix f, Mae this 10th.day at febraarar 19221 betwe•a 1a pa i Meridian Kot tirst`part;�sad gi'X: Xorrieon &]A Y Y• =nude•a oopart�rs as r: its VMB8as14t s;CoaMeay.s .�.. olBois•,.Iasho;►od DW4ryt., .�•n, " l."" r ••aond Parties ears {h• owner* of the West "It o! {be 8oatbsrst quarter �' Idsbo, ,wl{h a laeQei �rVIA All It a•hip S tostD* Range 1 E•59. 31• in.; Oowrt7; uit•nsat ther'oto-tror tne'Bolas, Syr through the 1dr►Daa 0•aat• ►ni {hs owner si a aaJr yority fatireet'ta !rid OanslAlt.'hae b•rwtofor• naintsin•i j N. Mare and delivered to escond parties sna their pr•deaeesera the eaooa{ . .. Sor sn anaval raintenaao• aboroo To •atitles. to under s►ld water light',. • . "o! the irrigation sesso6. sad :. ,8� :{he par�fea hereto can not reach aII agrNNnt as to the, proper MAMA .:• s411- aid eannal ow"* Parties :5 ".• ate eetil•aoat of all affieiuwi•s between ft" par . as a• ooa[!1 _ oyM� �, tee kwet gad to ►stwblieb a p•rsen•nt metboa for tiring tho 'Polont ' the artiiwetgr+! an follows: aparagrees to perform the aamul �!ien!n°s wont on aeoouat of raid ty , . :. -,...:ll ll • 41� {fa irrigation waggon at pastier; "sad.delirer said Nter dur n6 point wA•xeei•oond 'pirtiq gad their pred•osassrs have IF{h• lataz'•.1 at th• Ise -+,.A- • •_ .. and.eeoou8 parties saa.tkefs suo"B" ea{ft1eQ id .to rwetir for sagas _ w.; r:' fatnnall�' it sofa eervio• a•aalatensao• 641 NRns to pay iisst outs > se �.,.w7 nsiatan�no. ohei8e aotoatl7 snd'2awially lsife/ �0'.Oise-balS.Oi th! p-...--- - .M'' .1 • . % SOr Hiaenbengh it 1a tee Distriet b said party for the previous ycas- '" before tba'.*ster to turned 7.lioiiesl, Last "Ins cast = be• • �+ !eoL' yewr: J will "1e under no obligati oa to Date sSlon unaor said right lend. first pastl s o Vol town seat. ' r,nettll yaea `' ' wheU pwrpetaelly bind the•psrticit�:{heir hire, •noaeeeore tad Ilfyp� A,YS82DUp 2RH2Gj2I05 DISTHIM �;r;•��,•',_' :PseelQent• of e;s Fires' Party. 1lOAH2800�tHUDB UOYPApY by M 8;• gppdaen •::. Me • partner of the Sirm olo �I a _ "� -• ;�. Y �� ' y. •.k_"`��'°'•N.. '��% S � � �:3.: � 99731: � .� itiOJ ���/j �:�•y - # -.t: ��' ,?Y 'ate' ' " • (iiaravlaIItt Ntiis»� :Cf:`'I ✓fir •`,,,'._ .� �. r. .�-'... �+. w•.� > � .�". y,,, ,,,..a., .-.:...nx :nvr. ..: _:. .. •. �`; �sr.:='s . �R(��. .! �: .'• � :.,C'r "� ,�'.:,�ai«.r"�r' �,ySe++�ww'�e s.1a.-w:aw,e...-.i. n, - _ .. .- . ��vs�x,�-.,.,rxr�—��'""`;'�r,�■ru�.�w.!�,YM�m.nc-�.w.a..,f _....5 t..- da of eh .1922. `'-�`"`�r:; ;•,�; i"�= dlsdeish �tEliit; - r•-� Y bloc .'� �t fbetwaentiamD7��1��^ ' B eon hirebbad and wi19. �,�,.- a'.' 4;.�,� t-`;�P•L:'SiiBzaworia[id11,s111Ci' =w?� F •;,. {'� _ . �:em�ad�c�am�_��°•!`•�' :..- � ' ••�<:,' • � .. .~ f ' �: rrrrarss.•a• ,4 .. Mltt .i r { - � r—•f'K�DA D �,� Gie�� e[ 13e to110w1n[ load. l� . i�z• , � . r '` � �.�. •, : Wirers (a�F}).;snd the ease one deli (S}) 01 the �.�,rtt.�soith.tiei.a t.;,.- F�,,r.,, s, k � 7 S po�ebip �y�. IS). orlh of hs a One Saet of H. bC. bda Couaty. ,.t One;4aarter;l sal t;�a: � '••C�i.�' �kK_[k,''ty � ♦-'fir `. ,., '';,� ' � �; .� ��J.; - �'� - r z ° w Canso aced runt p?rtY, �..�+' � ' ^„ ''.•� a.. �, � - i:ra . • " � the Ridwluu[h jv/ _ � - � [dLq r•Hh i�iraks ri�1. �� �O from Iioi►e Sliver throu¢h � - � In � ��Y, � tha sane and delivered the Water to which eemad Dariies � �•L `q�.O`s° �•to�� �ot�far-aaaaaWtafatataa■oce � Doid in advance of the Irri[ation serewi sod . # barf a �',�, is to the Dry mod of determin[n[ said annual rhar[e to be `� �deatn.aipd w apre�ient �1t . 11 � �. �TlTffisaa:y,'i'betO: ,. , ..r.. .• ! � '. fpaid-ln futuni':g s�{ty�nd o!'iil dltfvmt■ta betr,oea sold parties relatla7l to +� �1°'ga [o the Da.t au,l '` •.: ! str;, a � • o! vwtf In the luwrq tt,e partln "`[>"ce a■ IoUorc■: - ,� tp [ Derw+� � � �k o �La iunt of aatd wntcr ri[ht of scwad partia sad to ddher � .1a ,� '•�Flrat D!�J! �O1's Dom. � yr�ty■S luhr a t't[ht do ice[ lho irrt[atlon aeanon o1 euh Year Into the lateral • �• �,• t0 teoaftr the same, aced aetond psrtiea aced thtir • . ; j,S ,�tbe hater !s�+oa ud thds Deedcoer°n turf been aocna anal ual to 000-halt dlheDoSAtRhere fatnWb for Bald acrv'ico a maioteaaaco ehsr[e M for + Y' �� .�"' - ia'tttle to said rater ridtt �"'s to »Q � D>t'b', mt Faada vrithSa the District i � ... �.i.. ., .'�0�'�'.� r'atn ruts lawfalb In'ied b! (fret Dori sz+" 'X� -- � .'Y `ot the � � cola � Provided. tlut f n no e,tnt aluU ■ccond Wry �•� he re- � ., .. � � n, -ear, aaaer•iiertlea Iii1r t%aayled banded indabtednese of the first Duty; as to ' ,. ? �tbe pm'iaw 3 , b UM � � Data° �ta�est of snY Est of ita irri[stwn /� 3 - � paired f+D liR7 cr_ to aoahtlxaa food: cot to tbf pfYment of the con■+rnct+on dia.t� for � � j. e e y •. 3. a in aaJl taaaaa iC [tf >lakLK ts/ K r+srztre .rotfu. Mdes or pursuant to this evntract. 1be i\.+.•�•.^�'.�/ '[ � ✓�iciirSia;nos tAtthaaastexetlo4 0►. eoaR of its dratas[ � A� of each Yea' and that Party u'ilf be oader ao •,bti1�10° . 'j� -� � y f N{d btLiranef w ae 6efd+ ux brit tlfY .� eeeond pattits shall be entitled to a aoDY of the anaaaS ;�" - `` 1- 'rt`' to tank! �vt4 kai been made.': prod ded, rsr w [te cud oxnera and prsi party _ y c[ into (mitt f!J�tii itetriet iswed Ili We month' of JaauarY raah )' ` .. � 7 .of tii elsidfkd aiD�M � [or aald tRatetaetdb �d tt toe a+0 *fin then' do not receire the same. tbe7 �► _ •:y `�^SwhlDf�ieead�+�itswilfer �.: -:.. .. ,. •� i � �` aeoDY oft n00:� ''- � '- : , •• is (raw the appropcfatioa directed from Boise lti er by the • ' ' 't °�� � It b thither opad thif saiA water stdtt of ieaood parties � oI the 6idrnbattab t'att� 'i'e� o! tirst PW'� t"'d rust - " ..., e ; = } �. ig7g ,t>ts sfanebei4 tl»!b^d aD'Oro4Ma rtstiaa cad in We rau duo of restei , _ 't Yarrh Maid to the 7'�. eliaslUdaR said !wd acid sratR raft Ip asid aDDroD x• --�•-��r�'{� r4► •:�� . e D� +ate <o adoµ • �efRhta ap9saDriatad � � � -!or afkt load for 1821 shall be�creedi�ted UYpon mamtenaaoe horse � '��; ' i ;. Il b fnrilwx a[reed � at ■ hi�a afte than he:ua pmvided. the sae +h'h _ - �` i DtpljlEat ttaf heea mate 111lre0i `.,r•;i . „ i -y � n; • . ' �,� s�far 19YE.�y"r,.s - their heir, sooeefso++ and aasSs�- . t �• �'; ��•' `�'hls alb *� 1 � pr D°�' atiised the dame of said District and hie s,[nawre m . ,. ' :� �,ittds sr T�-,+?F! � � pa tors, hemtofore d snsn��� hu atteatcd tha esxu• ' • erautioa ot_tib s[rermeak lid 'ot ftrd barb. la �e manner wtl,orised �� • !>_ �'� �� ta�itea dtiCd� � ao to da and m. Sa.et+rY � � atiticed their �UTea the day and Y� cast above _ �• t ?d__ �.fc��, �� ��jpd in rritaassrhereo>: t�S raeswiD�►_ NAHPAkb1ERIDIAN I&iiICATiON D1S'tA1 ` �.{ r� � (COEti?Olib� s.-S!L) � � � � i;.y .. �•b;� . � � BY 6. i . P.e nd all Find D� ':f �r_.. - v' a -F"'X" � - ! �:� �� � �::� •i ,. � _ w �tv i• .G. • Hran00n .� - �`�z �,,' �;•/{�.{ .' 'K�` ,e .'i.,i -' >iell C. 9ranaon 3oarnd W�a'• ' �`�' u'- s?+yr��'D.F-etas Y •£*'`. F ' :,;��° � i;.i*tidr, fir'?. w. a �s�+.Lx„+ =':. 19?2.6etore S �"` i J'�•fi " g06_Mr '; s _ � ��;-, � � Ilaroh Publk in and for said State, persoaalb'PPe+'�'- ' .x ` ' Ooittdti i 31re '�.. <• � �_ t,. , ,.. , •Notary ? _. e:e '"= ,� •�,� ,��q; y�B' �F. ><sal:d p� C Eramoa. haeband and Wife _ '_"..{. � �.: S. Hraneoia _.anyoa..�iai+lwlrQanA to the wfthla ineixtrmeat sad aalmoaled[ed to me (tut they eun:ted . i "` � : Imowut0 G10bbe 4h>D� - �•'� +`� �'�'� ` s 16e caw' -,. R SSRfiQF. I Ita�e set taY load cad at@�ted mY o4kiaS Beal We day and year In this �eate '�• !; srrittes.•. t"' H. F. Beal NotaryPnDiiola*t�e- - } f5••: +:'G . �IIrd above ' . Boise Idaho, i:; �'IK;. • V � � �` � � �' � i • , in the S'rar 1?�. be fore me. Hs[h �' 3fcEiroY: . ,Y.i ��•� •: _ dgof ray otthecor- �`+'-' �� .,,,;5.>y ''t:: �.. On thts EIId .•'`$y gy�B fad P. D. CIaY. �� to me to be tho President and SeereiarY J . _ a Notiri! Patw� DF � aced aekaowled[e'd to me ihat aoul corporation mcecuted the same. . • � Q '.` 1 � /' { poratioa that berEtmto act my band and aftired mY o}ikiat aeal the day and Y¢ar is �� cettGcate �'i�.� Notary Pu6lielorldahe. �r,SK???clay •ss'- •�»'?i '.`�':-• , IN Wf7'NESS fiugh S, �cF.lroy tteeidence, liolse. Idaho. • ' f ?S r fird abw0��rittea. ..:- . ., ;i,2pri,yvc %rn ' - ^-� fh'';?. K'"(c�,), y: � - .: d ttpe re4�d � 1darWisa Irri[ation District. at 9 � 62 � o'ebelc/ b • M� --�'::i.:;,l��e�'°,�';:,�."''rFt�ed 1io�Rheoxd.:-,-__ ��xy Y - .t972. ��y/--l�t�/�•%�`:• � - •.�i� - . : - Fad,( 1.80 � ,%- . � - •� �• Rtoarder, Ada Couch.IdoJlo. i , .,� X1y. :s ;7ti yF..':. ',:8., ,Vw, . Y _�, ���• . ;.ors'+• T•: _ x ►� a wig at I wife. go go do a I to low } `Asst aliagee=�WN . a all ago al qp$ a alp a lob all a IF.> 4.. eat 'ter' `,' ,Aw Pam ins �>t of 'rh Walteas r 0•,AnQre* ' ► —s ya!, . Idaho do yv6rait;&Dd oomal rAx e� to•iDARO p011Os& . a hereby atieoeaeors Arid? aesigpe,= !antes; for one Dollar, snd oth "cIdea y •* s10 a.q sod'etiseoentgottfor t>;e ereotioa and oontiausdAo r ��;at3ba, Snspeotian rei detionIMP sxd replsosatent daef.adellYof:tnor e I feet aI I. ii�d telephcaoe lines Map eni*a rAel, oft A` or,tre criu+iee, .AP e b tr. = U:Rlo `�'� !'`• , '' � ''`: stubs +rostierra eni othe �` sopporta, tegether 4triEhiL+u71g,•� r 'G.4 ,,.rIeo; r ye-+? , n 'aa and:s %=egniptsDnt rthereon�; end, sppvi'tionanoss, over, „ a i 1 r h :, s ,a _ r it'' i; % stli �`! OreIItQi` (e) 1n AQACmtnty', stat0 Qt ct,• ;longing to tiie.aaid c Not IV ago . ae toliere; �tb•witt .,.t :Coe ".R ;f^+•rage A, Y. south•Beet, goell frtert(88}) or thA south m•sto •� �; ,,OAM Five: (sii~�ToymgMp:'1�eago.e _B1.orth (S1s), .R!ngs�}�C.s al we 114 .:�•:... t �. 1 together *ith iil`rights.of ingress and egi, se at all fall and al ooaplste.,ussi 000apatia► and oulolsr►nt af, ths, ,:144 irA'privilegom;:1" epE theretio, ldolodinBYth!E at al to rr -'r : ='c ,r . .::^.rueh'000rhen$ln6 branch►% Wa �a'iris and rtiaeovs;Eieesy,too ;A , ? top: .zPat '-'. or' interfere with,the'0rssatee+s aa;: eeenDition . . i�+t� ... 4 .. s , ' 4;--'- and�re of Gaantae. � imd the op&U`Rt on; taainteupries^i MAPPew' ,e;�ege`A t : r' Sxeoutedev _ sa�`.deli�sredo-thii .ROtb,d+7 CI do), iabeY Ems.; - f. �. ,_ ^��i'�tot r, all = HvI:rRtdlOff alp — ,f - •Lead go e sliZR OF Idtiho . ,.. ; ;eL •,:r :a . Me aa ) ?* ds t _: -IpSmAmar;1 :? Zepm '. : :� ' < °�;.. , :�� Mom. ,j.�' of: Ad1r> f €-e >...-. •. •.s •'y... - � �..- all �! c: . %`;.' : botbie `toe`le. •i Onthis 20Eh dtiy a? Dtiaataber, 194s, y ;. y 'prrsonslly :oFpsu'eQ Muter C• Andrew Ssad".�,• p aleZeoAtelt,EheZforeg0?'n6 ia.netrtsM% al: V. aElnasleags .Cie.: as :Pamela� .r: !or the Uses aud'pur➢oses;tbis gave1I vo3�uat�s317-r_,a:v,; eat,fF%, a .%-. added '1 at µ 14 .w y3 t % = iDAliO PEER 0011TAlIZ' Rat dal{At•'tlli;re4vpBti;oftoo :1 PN�erb 10 daPeay'o!.-fsapt::1418• + , • �pggae =•adow0a '!�:i ••. ,,ydo ' Tit• - , ' „ _ . 1y,1 So ow Eris Yongpi web:ras :: _.it a a! :4(. :o t: !.4. ,i: :, : -Mar c Ei �•t 7�RB0 LgMiR 00klAlIX'ti'.' >. :•' aP a1w No to IT 331 :r_, �} Bps.'Fangiii" iw=f onitletZongt►i, rim' 01la t qo, hereby int•'and soa�iq :to O;PO .CWlPa1fY�.,' Y..: . .. r . !r •::ed 4T 4 A s +' s 'r0 %e Or oni , DOU" `ad oflar fors sob;�uigni,. la law 04 0 Jet _ :a. ama a. did lor, is to '+` Vag':' r ... le" . "t ,S,F We :�i•'}-r,•;;4�t.}:: f77,. :...};+,.•.d ygL•t�ti, i g dollar two If let . '-Is -ter- toDane venter 254594 } t t.'. i •'E, - :r,•3� food Se i,a or no 6 or 1di10 'iQotmty,' state or Wei • . a al oorporatiaa, its 1loeasees, •.'. atm< .a r ✓;. 1. �t r,valq�blii oostslderatiau, ► ri62►t ` Eion, : nab anaiaoe, ropsir, altere . * 11 ' out i i,��,LR,... :., ctrlo .trsriasiseiat, distributiaa , Ty '; .'$ vyak• . j yi , . d to aAla :Iini'of polCAL esear other < aMe "sELnohrinnte�and' Saoidental - ; •. k. is,the°tol_looxin6 prwisess be" t Idaho,, ih ths`,loeitioa apprexl+ j 20+ woo .,, ' :go:,.,. -Se h:-- r 1 . alter 'of rasotlm t . ;ei ,gnat (is) jt• - i,� ''-� •t ,� f ;� Ca or! ; i oestiaiYy,or ;Convenient for the , es ;y;, ieir go low hereby granted, and all t - y . lgLteeflrom ties to tlae to out, � : ottiea! oDiLirtiatioeoa rb1obi W P Yet o��etsloymout f this tv' eleoLrihli7sFar tem• {46 '. J. : _., S. c Lter 0: Andrea_:all t ' at fir':. .f. I ago 1, Ter-t�cft late to Sea a Me Ja wsoti'::ago Notary Publie, 5 4 %• Li. iadd, i� atni to" _to'go be the persan(�) 6�' it: : l . to in t1isE hi; executed the saw . It to . i ..1,`. : a »t ila aontionid. of < r : Vol �; t, s► + • vlery pubU *41 residiag at tierldian AMC, y: oesission expires Am* got 1Me { iit'44 a3mttisypaaL 9 ovolooit A•1t• t . at aft 4 /} o . RLl ,Ea ' �s award r yt j • f:, P. ^• + _c+rra{t0 , .•e.?...•.ti Pp MAIN Air CAP top a�atru ant lumber t ,K< ` -V. . ' 4 go %; ; e(s1, ot'eda county, state or +eorparati,xvalei►,Lits lioensses, rapoee- � :H,•:a':`•• ''rainab]� Gonssidleterat1wa, a ri�EO oS ;:. on •;, . an A Pat at 4 r': twat,e _.571 y a ti� 1. 7o, , ;'t'FSo .. aft. . . ! Parcel No, 42 iwoxt Y,;1 t01 Vc� KNOW aLL a.LN BY 'tH>,St. PRnSENTS, That J. 6;. Kleiner and Emma W. Kleiner, his wife, of Nampa, County of Canyon, State o: Idaho, first parties for and on account of the certain benefits to them accruing, and of other valu- able considerations, and the sum of One and No/100ths Dollars (41,00) to them in hand paid, the receipt whereof is hereby acknowledged, have granted, bargained, sold and conveyed, and by these presents do grant, bargain, sell and convey unto the State of Idaho, second party, its successors and assigns forever, the following described parcel of land situated in the County of Aa, in the State of Idaho, to -wits , scrip of land lying situate between the South line of Sections 4 nd 5, Township 3 North, Range 1 6ast, Boise Neririian, and a line parallel o and 50.0 feet distant Northerly from the following; described center line f highway as surveyed and shown on the official plat of U. 30-project o. P-3281 (5) Highway Survey on file in the office of the department of ighways of the otate of Idaho and lying over and across the ,Et"t of ection 5, and the 3�SWk and the VlJSW=SGj of :,ection 4, Township 3 north, ange 1 .iast, Boise o-teridian. Beginning at .,tation 111`46.0 of the said ItigFtway ourvuy, which tation is a point on tangent approximately 5.0 feet youth and 1323.4 feet ast from the oouth trttarter corner of Section 5, Township 3 north, dance ..,:t, Wise ;;eridian; thence running North 89059r last — 1320.2 feet to tation 1244b6.2 back equals 124466#9 Ahead of said ourvey, which station s a point on tangent; thence North 890 598 East on tangent 3326.1 feet to tation 157493#0 which station is a point on tangent approximately 3.0 eet ;.ei•th and 00.0 feet ..ast Crom the South Quarter corner of erection 41 ownchip 3 North, Range I Last, Boise Ideridiant tind a15o, additional strips of land contiguous and adjacent to the bove sieocribed right of way on the Northerly side thereof as follows: 0.0 :eet wide from Station 11$450 to Station 1224o2, thence widening to 25.0 feet at :;tation 124*42 and continuing 125.0 feet wide to dtution =NMENO.NRF , 24+92; Lhaace tapering to 10.0 feet wide at Station 126472, and Chance ontinuing 10.0 feet wide to Station 130*82; and also, 5.0 feet wide at tation 137.13 and continuing 5.0 feet wide to the .vast line of the k1•3V1t',L4 If ,ectton 4, Township 3 North, Range 1 ..ast, Boise I•_eridian. .:xcenting that oortlon already dedicated by public use or otherwise ac ublic road. New right of way required being aoproxlntately 3.Ob acres of lre b.03 acre above described. TUGr.T!i.it i,ith all and singrular the tenements, hereditamente and opurtenances thoreunto belonging or in anywise ,.opertaininu, the sever^ion ni reversions, remainder and remainders, rents, issues and profits thereof; nd all estate, right, title and interest in and to the said property, its all in law as in equity, of the said parties of the first part. 1, H.,v....l.d Tv rIULD, H11 and singular the above mentioned and descrined remises, together with the appurtenances, unto the party of the second art, �ni to its successors and assigns forever, and the parties o! the irat p,rt, tiui their heirs, the said premises in the quiet and peaceable osscasion of the party of the second part, its successors and assigns, Kainst tha said parties of the. first part, and their heirs, and against U .ind every person and persons whomsoever, lawfully claiming or to claim t he suns shall and will Vi.AKRaNT and by these -resents forever D.Qs'i ND. `fhsrz is also !;ranted hereby an easement adjacent to the above descrit�d gal aroperty for relocation of all irrigation and drainage ditches and trudtures and such surface drain ditches as may be necessary to the prop-+r onstruction of the highway to be constructed on said real pro rrty, Grantors agree that .to buildings or %tinictureth, :xceit irrigation or rainage structures, will be permitted to be constructed within 20 Cost of he real pronerty above described. �vl� 4JJ NU V � Construction or relocation of right of xay fencing. shall be by and, t the sole expense of the State. Grantors further agree that no bill oards or other advertising signs will be permitted closer than 100 feet rom the real property above described, excepting signs pertaining to usiness established on lands adjacent to the described real property. I.. P'IP.d.,;,� 4MuH::Ui, Y/e have hereunto set our hands and seals this ty-ninth day of June, 1955. • A COL) 4y(il9c� � �Nfi�:" (3eal) ft..1O i ss ounty of Canyon ) Un this 29TH day of Juno, 1955, before me, the undersigned, a Notary 'ublic in and for said State, .personally appeared J. D1. Kleiner and �mna . Kloiner, respectively known to me to be the persons whose names are ubscribed to the foregoing instrument, and acknowledged to me that they crcutai the same. 1W IIN..,,o YfN..N,.UF, I have hereunto set my hand and affixed my official the day and year in this certificate first above written. r Notary.l'461ic in and for the Mate of Idaho $esiding at; Nampa, .Idaho a � b ti b O. H al �Q o 4 FIW O O O o I o du - � H W� ti a o vq� z u�E'i 40 o Y `V�Ij and o 7! q H c a R O 410 Ca 43 b Q m W A 00 +� H of 43 1 I i11510 � 1.35 060o THIS AGREEAIENT, Afude thls.........._�. ........................daY af......,_- / oil I �. ...�.%,,.,' 1 11. " i7et-a-dan Nampa & lferidian Irrigation District, first party. and. ...... .iX3X=!MMr--=-'r...i:Oz': �..3.on.:. att3$e2.. _._........ :second parties, W i TN ESS ETIi: Iv ifEaE.1S, second patties are tba owners of the following Iand, Lo•witr___.._..Ali ...... _._...... _ ...................... A..... I.A.....__., i.,:'_2,,'fa3io ti�i.l',-,,,01It the �southrlest ougrt'Ohm I er Oa jecstioc �, TO,fnshi�..._........... ......._ ......_..._ . . .. . in _\ds Cuuat;; lil.�F.o, with a wales right appurtenant thereto from Poise River through the P,idenuaugh Canal, at at first patty, r3 the owner or said clrial, has heretofore maintained and operated the some and delivered the router to which second parties have a right to them and to their predecessors for an annual imarntonance vharge paid In advance of the irriv:ion season; rind WHEREAS, The parties hereto desire to reach on agreement as to the proper method of determining said annul charge to be raid fa future: • NOW, TI[EREFOLIE, As a complete settlement of all diRcrencrg between said particit relating to suid charge In the past and In a ibiColom�sh a perm fn�e�or Oar r�(c aunt and �rr�e of p rymerll to the f�lure t c s•arlips a e • fol�gx,{: .�/ /0, /QYY .! wf-t+.•./':aF(.•L Y +.—i A, w.w• o.-✓ e..�t""' i�a./.wr J� Yirot put /age to ie Corm the annual•fnwntenanee work on J^.eou It of said water right of ascend pansies and toll efiter the vntrr perpetually hereafter to which Roseland parties hate a right duang the irrigation seam of each year into the lateral at the point lrhere second parties and their prodeemorr. harm been necustorm:d to receive the wank and second parties and their successors In title to said water right agree to pay first party annually for said service a maintenance charge equal to one half of the general inaintenaace rate on Ridenbnu,h water rights lawfully levied by first party against lands within the District for the previcus year, under Section �",SJ, Compiled Statutes of Idaho. Provided, that In no event shall second parties over be reiluired to pay or to ern• tribute to the payment of the prin0pol or Interest of any bonded indebtedness of the fine party; nor to contribute in any manner to its srnkiag fund orresere fund; not to the pal•ment of the construction cost of its Ivigatton worla; nor the construction, or main- tenance cost of its drainage works, under or pursuant to this contract. The charger for maintenance are to be paid in advance on or before the first day of April of each year and tint party will be under no obli;ation to make delivery of water until payment bus been made. Provided, That second parties shall lie entitled to a cop;, of the annual statement of the ciimified expenses or the dis- trict hued in the month ai January each year to its land owners and first party will place second parties on its mailing list for saidstatements, and if nor any reason they do not receive the same, they shall be furnished a copy on opplic2tion. Its further agreed that said water right or second parties is from the appropriation diverted from Poise River by the ltorrls Canal in the year ISM the same being the fiat appropriation of the Itidenbauz]: Canal system of first party, and lust parties agree to adopt a reisolution classifyingsaid land and water right in said appropriation and in the first class of water rights apptoprialed by said renal from Boise River. it is further agreed that the maintenance charges for said land for 1921 skull be govern: by this crintraet, and in rase payment has been mute thereof at a higher rate than. heri•in provided, the rxc+is shall be credited upon the maintenanco charge for 1922. This ro.mement shal! pe,petually bind the partice, their heirs, successors and assigns. I IN 7 ll"gcSS lie EREOF, The President of first party has hereunto affixed the name of said District and has signature in mecution or this ao eemeot, pursuant to a resol.ttion of Its board of directors, heretofore duly and regularly adopted, outhorlring aid directing blinso to do, and lheSecretary of first party, in like manner authorized and directed, has attested the execution hereof, and (n aitaers Whe-vif, the second parties have barounto affixed their sigmitlues the day nr•d year first above written. s•�taSt; N�1111PAy�`� AIE:` DI AN 1 RICppATION DISTRICT, Presideid, / First party. VIA Cook all Ai•FNtr ' .r0 _ .oy ... Second Park mom •i Sn••Mhrp. i' STATE f:F IDA110a j : , • • kda } tat. On this d \y�y:_ ...._ . ........ /.'•'l &ew ..,. o %I low I ...._........._. , " 2' . before me _�—/—�G E hisho mob somboolo a N%mmy Public in and for maid State, personally appeared, ... ?r.....ty. .'d>tI1Q58A.,.$Ad„Q. ,','j,, ri08�yr2t ?{pO rQ :tics"".rie.._t.o_,k �ha..??raalle 2t._.an.d..CA"a 9.9.x...�ti.;e_..R 9V11 sea-1 atxdSeq 60 CoM04 oo SOCi " known to mb to be the persons whose names are aubscribed to the within injtrument and ueknawledged to me that they executed 11,0 Fame. , .� 7^ IN LJI^2:t:::w WHEREW , I nave uemunio set my hand and axed my otllciat aenC fh ar in this certificate first a: a wail te•r, look ofm �'olory Pub , Ion ldoho. �m» ResideAe, Rollo, Idaho. STATF• OF IDAHO, ,y I ss, o cue. his... nl iCt� • -� Niz 3 Oa :tiffs............1. %............. ....d W of_................../........... * A-'+ itrriA at `1g°'f before me, Hugh E. hfeFlroy, xo a Watery Public, prmonally appeared H• I.. P orlap and P, A. Clay, known to me to be If a President and Secretary of the corpok, r ration that exe••atea this instrument, and tic awledged to me that auth corporation executed the same. i i D7TNGS3 r7iiiiiSOP, I have hercunt .set my band and gR}xed my oRiciat the day and y r in this cerilftcate first Cook above written.Cook 91,_ i / J/`P/ )�' _. � dew i rat ...Climb:...... �'-......�...'...�.......6At i No.... tiifa foso daho. Lim MIAMI�,, l� Residence, Boiar Idaho of 4th Jim Am U qJi ^1'\ Idaho Po�vcr Company ��� 1-��2 POWER TINE EASEMENT .........L,l... li....IQ.E.II4F.R,...SALB................�......_......_..... _..nnd...............................................,..........,............................................ . his site. Grantor(aj, of.................KIi'IG_._...._.._....._........--._.......County, State oL...iiASHINGiCit�........., do Hereby grant Dart convey to iDAHO I'OWIJR COMPANY, a corporation, i!s licensee,, succrssurs and assigns, Grantee, for One Dollar and other �mluable considerations, receipt of schich is hereby acknowledged, a right of way and casement [or the erection and continued operation, maintenarroe, repair alteration, ins;rcction and replacement o[ the eler.tric transmission, distribution and telephone lines and circuits of the Grantee, attached to pops ar other supports, together with guys, crossarma earl other attachments and incidental equipment thereon, and appurtenance¢, with Ure right to permit thn. attachment of the rvircs anJ fistures o[ olhur companies or parties, over, on and across the tollouing premises, bclongin�; to the said Grun- tor(s) in................�........_..AtiA_..._................_.._._........................County, State of...............Idaho............._................, in the folloticfag locttion, to -wit: A strip of land f0 fGet wide add being 5 feet or, each side Lying over and across the SH�sw�C o£ Section 4, T3N, ftlE, B.M., more particularly described so follows: Beginning at the Southwest corner of Section 4; thence Eset 1175 feettaora or leas; thence north 30 £set to the Real Point of beginning; _thence North 6S feet which is end of easement. fll•T;rr IjAH� Ct:�:i:Y Yi ajla, SS i,l�:I I,x,^.,,af �r_[�-rrr.�rr�� rb/�i'i(� WJrR C �J_h!.o p:3 arin�y..rlt Ihr '? '' r;un Ira r(:A, rrarr ., �z -----�.OtCN� -� / � ��/ Together with all rights uC ingrusti turd egrr:ss rn•ccssary fur rho Cull and complete u+e, ocr:upatiou :tort rnjvyme t u! Ihu �rsemt:nt hereby l,•ranttvl, and atl rights and pttivil?gcs incident therrav, inchrding the ri{;ht from t1111Q to timr. to cut, Lrim and remove trees, bntsh, overhanging branches and other nbetrucliun:: which may injuro or interfere with the Grantee's use, occupation of enjopmcnt of this e:rsenlent trrd thv operation, m�inG•nance and repair of Gt•unten's elCctricai syatCm. i•:arcutccl and deliverc•rl this.._....2J,s.t........... day o[.........>1.fl,Qt{I9�XY........................ .., 19.....$Q..... _.... . S"CAT)r Op'_ ... ._Idaho ...................... ss. Gwsnty oC_.___...Ada..............._......_.......... (►rr th;s.. .. 21st.... day or Januat=y......... ........... ....... t9....8fl ., before mc,..�.lttt:.ence...KenC...liutl,er. . a r�otaty S'abiic. p¢r_wn:tliy alrNrarcl.................. ...............�� _ii....KleznBr.,...sot.�_.,..................................................... and .............�_.......___.... ................ .. ...... .........._........., knurvn lu me tr. Lc th<: tr<;rRon(9) who executed lh�e fanl;r,ing insirymrnt and arknoaltdged to urc that .-- lle••-- ••••••--exccutrrl iho same fr�j•�r'hy�a�n�d volun i e us�e/r�d purpottea theerin rt►eortioncd. ...... /��%�'�'� �..„ ......�� .T'{/� _ ......F,.... tvotary i'uhlic, residing••aL...11o•iSey.•.�4ha.....•.•.......... ' •I�t?tiaT.�j Commissiaft expires.....�Iotrembelr._3�...19$0........,19....... :. - _;+`�- �• -�: , ors _ `� y,p •. SA3 IfA !-T? , l rl &{ .. POWER LINt EASEMENT Heller llerman Kleiner and_ Eugene Pl. Klelner lZ4KWsYCj Crreator(s), of Ada County, Stato of I do hereby grant and convey to IDAHO POWER COMPANY, a corporation, with Its principal office located at MI Idaho Street, noise, Idaho, its licensees, aocceasors and naps, Granlce, for One Dollar and other valunbie considerations, teceipt of which is hereby achavdedged, a right%cf•way and enutncot for the erection and continued opmatinn, mainlonanee, repair, alteration, impeetlon, and replacement of the electric lcansmission, dislributi„n and telephone lines and circuits or the Grantee, attached to poles or other eupport% together with guys, crossaro s and other attachments and incidental equipment thereon, and appurtenances, with the right to permit the attachment of the wires and fndures of other companies or pardea, over on and across the following premises, belonging to the said Grantors) in Ado County, State of kdaho is the fol]ov&g lo4fion, ro-wit: See Exhibit "A" ....,,.:JRDER ,,. t�,::IMj li.i'Ii0 Bols� ID IDAHO POWER M '95 f�fl'tw flfl FEE �.6I1 �� RECOi,�Ev :%1 HIE :,t4 S7 OF 'S'ogsthrr railh all rights of ingress and egress neoessnry far the tali turd complete use, occupation and enjoyment of the ouemeet hereby granted, and all rigf+ta and privileges Incident thereto, Including rho right from time to tbue to wt, trim and remove imm brosh, overhanging branches and other obstructions which may injure or Interfere'with the Grantees use, occupation or enjoyment of this easement and the operation, maintenance and repair of Orantee's electrical >ystem Grantor's use of the aboveAcstsibed right-of-way ahnit be subject to the following Pimitalioas: (1) no buildings or structures of any kind or any flammable material shall be placed or erected within the right-of•way, (2 ;xxvokbde.utttxao}t tiarainb=veoetbabfonkahel01tob iff i7er and (3) any other equipment or matetild within the right-of-way shall be kept at least 20 feet away from the wires of Gard electric power lines of ell times, even if the wiry sag or sway as a result of inercasea tempuatures, wind, electrical loading on the wires, or other coaditioas. Subject to the foregoing Gmtlations, Bald right-or.way may be used by Grantor for roads, agricultural trops end other purposes not lnoonsWeot with said casement. STA'I'1~ 08 IDAHO } �,ty pf ADA } Da the 25th day of April . 19 95 ,before me, EI.DEN E. GRAY a Notary Public, personally appeared _ WALTER RERMAN KL6INER _- -- --- and EUGENE M. KLUNER known to me to be the.ptrson(s) who executed the foregoing £ustrtuneat and acknowledged to the that they executed ►he same freely and vol"tarily for the uses and purposes therein mentioned. (tt tPrAi aSEAdk t� Notary Public, Residing at Boise, Ides o Commissivu Expires Auri1 25, 1997 69tNtJP now 001 f=-43> �.BS$p0�.4� �� A strip of land fifteen feet wide running parallel and adjacent to and on the Easterly aide of the west pxopexty line of a parcel of land located in the SWy�, Section 4, T'-3-N I2_Y-B, B.M., Ada County, Idaho and being more particularly described ae follows: Commencing at the SW3( Cornea of said Section 4; thence, N 0°34'46^ S, along the Centerline of Eagle Road, a distance of I3o.lZ feet; thence, T3ast a distance of 80 £eat to a point identified as the SW Corner of said parcel of ].and, said point being 'Th0 True Point of Heginning� thence, 5 56°19'03' Ii, a distance of 16.94 feet *; Chance, N 0°34'46° B, a distance of 655 feet #; thence, I3 1°42'41" W, a distance of 250.0 feet #; thence, N D°34'46" $, a distance of 159z.2 feet #; thence, West, a distance of 15 feet; thence, S 0°34'46" W, a distance of I592.2 feet #; thence, 5 1°42'4I" B, a distance of 250.0 feet #; thence, S D°39'46" W, a distance of 647.0 feet t to The True Point of Beginning. The eaeemenC granted herein ie an overhang easement only. Grantee agrees Cd pay for all damages to crops, fences, irrigation facilities or other structures that may arise by reason of the exerc9.ae by Grantee of any of the rights and privileges herein granted with reepecC to the installation, construction, operation and maintenance of the facilities for which this grant is made. Grantee agrees Cv make any agreed upon payment for damages to crops. Fences, irrigation £acilitie8 or other aCructures in a prompt and tamely manner. Burning of weeds along the easement strip for the purpose of weed control is an acceptable practice along said easement scrip provided the flames are contained within Che easement strip and nct allowed to damage Grantee's adjacent structures. Agreed Co this /r �� day o£ Idaho Paw r Company by: �/� � �,�.�.�, C.K. 41eon, Vice President .; .•:� �i� �• ... 1995. on this ,,,,,�.," day of /J9AY 1995, before me, the undersigned. a Notary Public, personally appeared C.N. Olson, known to me to be the person who being duly sworn, dial say that he is the vice President of Idaho Power Company, the corporation that executed the within instrument, and acknowledged Ca me that Such corporation executed the same as the free act and deed of said corporation. ,,..� zn Witness Whereof, S have hereunto set my hand and affixed my official seal the day. and year first hereinabove written. �� v, ;.�Yf�otaryt5eal.) • ` �'. "� >Q �.l '.1 .�� c Residing at: ... My commission F�LI�:i�� i � �� i ;,� .., ; �j .�.�9�'s % 9 S 0 3 5 3 8 7 `�''c` piONEEK TTri-E WARRANTY DEER i�IJ.", vl:. �cC(�RG�R Project No. NH-F-3271(037} 901Sc � Key No. 2793 �',��------� Parcel No. 1, Parcel Ib No. 0037198 �'H�s zNDENTCTk2E, Made this /D� day of �95��Sb '�ei�n5n WALTER HERMAN, and EUGEN)~ M. KI.EINER, each as their res����ve' sale, anci`�- r,v-,. ..��cST 4F separate estate, Grantors, and the STATE OF IDAIiO, IDAHO TR}INSPORTAT.LON i DEPARTMENT by and through the iDA.HO TRANSPOEl2'ATTaN BOARD, 3311 West State Street, Baise, 2daha 83703, Grantee. i� f �LlV�3�fi1 I WITN>~5SETH: That the Grantors, for value received, do by these presents, grant, bazgain, sell and convey unto the Grantee, the following described real property together with all tights of access between the righC of way of State highway No. S5 (Eagle Rd.), Project Na. NH-F-3273,(037) Highway Survey and the re:nainxng contiguous real property belonging tr the Grantors except fox: four points of access located on the left (West) side between Stations 13.7+72.57 and 142+26.00 of said Highway sux-vey, situated in the County of Ada, State of Tdaho, to -wit: A parcel of ].and being on the West side of the centerline of State Highway Na. 55 (Cagle Road), Project No. NH-1*-3271(037) Highway Survey aS shown on .the plans thereof now on file in the office of the Idaho Transportation Department, and being a pardon of the EASE; of section 5, Township 3 North, Range 1 East, Baise Meridian, described as follows, td-wit: Commencing at the Section Corner common to seotions 5, 4, 9 and 8 of said Township 3 North, Flange i East, Hoise Meridian, said � Section coiner beinc3 a point in the centerline of State Highway Na. 5S and also being coincident with Station 116+07.49 as shown on the plans of said State Highway No. 55 (Eagle Road}, P>`oject No. NH-F-3271(037) Highway Survey; thence NoXtii o°34'43" East slang the East line of said Section 5, being coincident with the centerline of said State Highway No. 55, a distance of 165.08 feet to a point in the Northerly line of the second strip of land as described in that Certain Warranty Deed dated June 29, 1955, recorded July 28, 1955 as Iristruaaent Page 1 RECORD AT THE REQUEST QF THE STATE CF IDAFiO F'EE EXEMPT -- X.C. 67-2301 i t .. 1b7� UUC1322 Project No. NH-F-3271(037} Key No. 2793 Parcel No. 1, Parcel ID No. 0037198 No. 380667, records of Ada county, Tdaho, which is coincident with Station 117+72.57 of said Highway Survey and being the REAL POINT OF BEGINNING; thenca North 0°34'43" East continuing clang said East line, being coincident with said centerline 2453.43 feet to the Northeast corner of the NE;SE; of said Section 5 and being coincident with Station 142+26.0 of said Highway Survey; thence North 89048151" West along the Uorth line of said NE'y,SE!; a distance of 70.o feet to a point in a line parallel, with and 70.0 feet Westerly from the centerline and bears North 89*25117" West NO 70.0 feet from Station 142+25.52 of said Highway Survey; thence South o°34'43" West along said parallel line 1632.07 feet to a point opposite Station 125+93;45 of said Highway Survey; thence South 2°52109" West -- 250.20 feet to a point in a line parallel with and 80.0 feet Westerly from the centerline and bears North 89025117" West - 80.0 feet from Station 123+43.45 of said Highway Survey; thence South 0034'43" West along said last parallel line 606.33 feet to a point in said Northerly line and being opposite Station , 117+37.12 of said Highway Survey; thence North 57046134" East along said Northerly line 65.43 feet to a point in the Westerly right of way line of existing State Highway No. 55 (Eagle Road), and bears North 890251171/ West 25.0 feet from Station 117+72.57 of said Highway Survey; thence South 89025117" East a distance of 25.0 feet to the REAL POINT OF BEGINNING. i I Highway Station References .117+72.57 to 142 -+- 26.0 The area above described contains approximately 4.1244 acres, 1.4081 acres of which is acknowledged to be a portion of a public road. i The bearings as shown in the above land description, unless otherwise note( are from the Idaho Plane Coordinate System, based on the transverse Mercator � projection for the West Zone of Idaho. I � Page 2 I i RECORA AT THE RE(2UE5T QF THE STATE OF IDAHO i FEE EXEMPT -- Z.C. 67^2301 f I WARRANTY DEED Project No. NH-F-3272(037) Key No. 2793 Parcel Na. 1, Parcel ID Nv. 0037198 18'�� UUU3;�3 Arty right of way fencing to be constructed is nat necessarily intended to designate the property line and any variance between the location of right of way fencing and the actual property line as herein described shall trot be construed as a codification or alteration of this description. To HAVE AND To HOLD the said premises, with their appurtenances unto the said Grantee, and Grantee's assigns forevEr. And the said Grantors db hereby covenant to and with the said Grantee, that Grantors are the owners in fee simple of said premises; that said premises are free from all encumbrances, EXCEPT those to which this conveyance is expressly made subject and those made, suffered or done by the Grantee; and subject to reservations, restrictions, dedications, easements, right. of way and agreements, (if any) of record, and general taxes and assessments, (includes irrigation and utility assessments, if any) for the current year, which are not yet due and payable, and that the Grantors will warrant and defend the same from all lawful claims whatsoever. IN WYTNES5 WHEREOF, Grantors have hereunto set their hands and seals the day and year first above written. .<. .��. -r' �. Page 3 RECORD AT THE REQUEST OF THE 5TATE OF IDAHO FEE EXEMPT - Y.C. b7-2301 Project Na. Key No. 2793 parcel No. STATE Ok' County of WA.RRANTX UEEp Parcel ZD No. Q037198 on this 10 day I Notary Public n and 4AZTER HMMAN IMBINER, name is subscribed to he executed the same. (sEAr.) S5. f 6W; v . U324 , of , 199. before me, the undersigned, fors id State, personally appeared known or identified to me to be the person whose the foregoing instrument, and acknowledged to me that ros (1 � County of ) •• B4q S ..9 • �gslon Fr '��;;QTAR;�•Wo ry for iding cotnmiSS n exp • c, . ...-�� ss. Ott this /�'"' da of .� J.99�, before me, the a Notary Public n and for;'sagii '•state, personally appeared EUGENE M. RUINER, known or identitled to me to be the person subscribed to the foregoing instrument, and acknowledged to m executed the same. E Residing at �: �Iy commissi•on Page a REGORb AT THE REQUEST OP THE STATE OF iDAHo F'EE EXEMPT - I.C• 67-2301 undersigned, whose name is e that he � � ::►�i . �v ,,Jja9'$'�� 9 5� 3 S 3� 8 �.,.��. F'ION>rE>ti TiitE WARRANTY REED AD„ � ��• :tE'v'dRD�R Project Ka. NH-F^3Z71(03?) 80iS�' IDj}t�-�Q`e',' �,� Key No. 2?93 Parcel No. 2, Pazoel T17 2do. 0037199 � ������3!�J THIS xNDENTUTitE, Made this /� aay cf '95 �fl��s�,, p��t;,e�i� WA?;TER HERMAN KLEINER, and EUGEL3E M. ItLEINEFt each as ��resp�ect3e �,:.� . _ . _:,Uc,T CF and separate estate, Grantors, and the STATE AF IDAHO, IDAHO Ti2ANSPORTATYON DEPARTMENT by and through the IDAHO TRANSPORTATION BOARD, 3311 West State Street, Boise, Idaho $3703, Grantee. WITNESSETTi: That the Grantors, for value received, do by these presents, grant, bargain, sell and convey unto the Grantee, the following described real property together with al>, rights of access between the right of way of State Flighway No. 55 (Eagle Rd.), Project No. NH-F-3271(037) Highway Survey and the remaining contiguous real, property belonging to the Grantors except for: four points of access located on the right (East) side between Stations 1i7+72.57 and 142->t26.53 of said Highway Survey, situated in the County of Ada, State of Idaho, to --wit: A parcel of Land being on the East side of the centerline of State Highway No. 55 (Eagle Road), Project No. NH--F-3271(037) Highway survey as shown on the plans thereof now on file in the �� office of the Idaho Transportation Department, and being a poxtion of the Wa5W; of Section 4, Township 3 North, Range 1 \ East, Boise Meridian, described as follows, to -wit: Commencing at the Section Corner common to Sections 5, 4, 9 and ;3 of said Township 3 North, Range 1 East, Boise Meridian, said Section corner being a point in the centerline of State Highway No. 55 and also being coincident with Station 116�-0?.49 as shown on the plans of said State Highway No. 55 (Eagle Road), Project No_ NH-F-3271(Q37) Highway Survey; thence North 0°34'43" East along the West line of said Section 4, being coincident with the centerline of said State Highway No. 55, a distance of 165.08 feet to a point in the NortheXly line o� the Second strip of ].and as described in that certain warranty seed dated June 29, 1955, reGorfled July 28, 1955 as Instrument Page 1 RECORD AT fiHE REQUEST OF THE STATE OF IDAHO FEE EXEMPT -- T.C. 67-2301 ' WARRANTY pEEb Project No. NH-E'-3271{037j Key No. 2793 Parcel No. 2, Parcel ID No. 0037i99 ib�73(?UU32E; No. 38d667, records of Ada county, Idaho, which is coincident with Station 117+72.57 of said Highway Survey and being the REAL POINT dF BEGINNING; thence North 0°34'43" East contiriuirig along sand West line, being coincident With Said centerline 2453.43 feet to the Northwest corner of the NW;Sw, of said Section 4 and being coincident with Station 142+z6.0 of said highway Survey; thence South 89°51'12" East along the North Zine of said TYw;5W4 a distance of 70.0 feet to a quint in a line parallel with and 70.0 feet Easterly from the centerline acid bears South 89°25'17" East 70.4 feet from station 142+26.53 of said Tiighway Survey; thence South d°34'43!' West clang said parallel line 158�..53 feOt to a point opposite Station :126+44.7d of said Highway Survey; thence South 1°42'43" East _ 25Q.2d feet to a point in a line parallel with and 80.a feet Z;asterly :from the centerline and hears South 69°25'17" East � $0.0 feet from Station 3,23+94:70 of said Highway Survey; thence South o°34'4:3" West along said parallel linty a distance of S57.10 feet to a point in said Northerly line and being opposite Station 117+37.60 cf said Highway Survey; ' � thence North 56°58'34" West alone} said Northerly line fiS.17 lest to a point in the Easterly r�.cht of way line of existing State i Highway No. 55 (Edgle Raad) and bears South 89°25'17" East - 25.0 i feet from Station lI7-�72.57 0�' saxd Highway SurveXi thence North 89°25'17" west - ::S.o Feet to the MEAL POINT of BEGINNING. �Iighway Station Reference: 117+72.57 to ].42+26.53 The area above described contains approximately 4.1366 ac�ces, 1.40s1 acres of which is acknowledged to be a portion of a public toad. The bearings as Shawn in the above land description, unless otherwise noted, are from the Idaho P1at:e Coordinate System, Page 2 REGORp P.T THE REQUEST' OF TH£ STATE OF iDP.HQ F'EE EXEMPT - X.C. 67--2301 1�3'�u0003;�`7 Project No. NH-F-3271(037) Key No. 2793 Parcel No. 2, Parcel YD No. 0037199 based on the transverse mercatpr projection for the West Zane of Idaho. Arty right of way fencing to be constzucted is not necessarily intended to designate the property line and any variance between the location of tight of way .fencing and the actua]. property line as herein described shall not be construed as a modification or alteration of this description. TO HAVE ANA x0 HOLD the said premises, with their appurtenances unto the said Grantee, and grantee's assigns forever. And the said Grantors do hezeby covenant to and with the said Grantee, that Grantors are the owners in tee simple of said premises; that said premises are gree from all enctunbranaes, EXCEPT those to which this conveyance is expressly made subject grid those made, suffered or done by the Grantee; and subject to reservations, restrictions, dedications, easements, right of way ana agreements, (if any) of record, and genezal taxes and assessments, (includes irrigation and utility assessments, if any} for the current year, which are not yet due and payable, and that the Grantors will warrant and defend the same from all lawful claims whatsoever. IN WITNE55 WHERTaOF, Grantors have hereunto set their hands and seals the day and year first above written. a ��� `� ,� fL Page 3 RECORD AT TfiE REQUEST OF THE STATE OF IUAHO FEE EXEMPT - I.C. 67-230]. Project No. Key No. 279 Parcel No. STATE of County of WARRANTY DEED Parcel, ID No. 0037199 On this (V '1.day a Notary Publl 2G n and WALTER HERMAN KLEINER, name is subscribed to he executed the same. (SEAL) ss. SEni �. ~ Go�Is�Ian Fri .o ;kQTA.q N : PUBLIC '�'4r It 14 so A:' G : of , 199�, before m , 'cu07pg ed, for sax state, personally appear J known or identified to me to be the person whose the foregoing instrument, and acknowledged to me that STATE of U! ,-•► ) ss. t f } s>TIs ec�, q��ilsefori FfQ�. •, TA.q 0 N t , , iding at commissi Coutty o � on this /�v� day of , 1S9Vk; before me, the undersigned, a Notary Publicr in and fors d State, personally appeared EUGENE M. KLEINER, known or identified to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same. dl (sew) Notary Pu1,1.1c Residing at � My commission exp res c? RECORD AT THE REQUEST OF THE STATE OF IiJAHU FEE EXEMPT _ X.C. 67-2301 �socssclI 50C1SZ 1) It#.SLPA & 1IER1 GdAli I R U W1i1011 DW RV •ss Luc J fin = i sa AEciiL.. ' •CA cf )PA% E"& 00 11GR$HMHtif0 tends grid P_gtezed into this %Wftoa� day o>; 1996• by and between 10"A >< MERIDIAN 11MIGATIQN tiisvtucr, an irrigation district organized and existing under and W virtue of the laws of the State of Idaho, party of the first party, hereinafter referred to as the 'District." and party or parties of the second part, hereinafter referred t�s as thQ Licensee," W ITti9S&STET= HE�RBAS, the patties hereto entered into a Master A�ree�ent gor crossing and &1c40aChmezlt0 dated April 2, 19g6, recorded April 3, 1996, as Inst:um nt Now 96027809, records of Ida County, Idaho* and also recorded April 3, 1996, as Instru=ent No. 9610433, records of Canyon County, Idaho. hereinafter referred to as the omater Agreement;" and, aditSREAS, said Master Agreewent grance to Licensee the right tO ��therefor/ • / 1 • • • • • • M : • • Kanter ase.. 1 and 1 execution of •agreement• 1 • • � • • ♦ i • crossing or • • •.w / • • ee in the owner of tine real property (burdened • easement of hereinafter • / • • • •'' •• / ••• hereto .• • / • - - 1 • • • • i HF1ER.SAS, the District owns the irrigation ditches or canals known as P�h�i..�am�ruat�,�,, >�srr Ite.dr "'Y'" J�aiio c1%rmseRRRY__ n.rrMAL hereinafter referred to jointly or individually as 'di.tch or canal•) together with an eaze=ent therefor which imcludes easements to convey irrigation water. to operate and csaintain the ditch or canal, and for ingress and egreas for those purposes. and which cross and intersect said described real property of the Licensee as shown on Exhibit a attached hereto and by this reference wade a part hereof; and. .f KFIHRBAS, the Licensee desires a license Co croea and/or encroach upon said ditch or card or the District's east under tits terms and conditions of said Kaster Agrnt and those hereinafter set forth; ND4i, THHR.6fi'ORg, for and in consideration of the preziises and of the covenants, agreeoents and conditions herninatter set forth and those set forth in said Kagtcr Agreeraeat, the partien hereto agree as follovts 1. Licensee may cross under the District's rigUts of xay for the Pinch Lateral, Hilks Lateral, and Stakesberry Lateral Drain with 2" gas lines, where these laterair� cu+oss &.agie Road between Pairviev Avenue and Ustick in A+1a County, Idaho. 2. Any crossing of said ditch or canal or encroachment upon the District'$ easer.�ent along said ditch or canal shall be performed in accordance with the 'Special CondACioas' stated in Exhibit C, attached hereto and by this reference umde part hereof. 3. The patties hereto inCorpocdte in and rsake part, of [hill . License Agrent all the covenants, conditionn, and agz�eesrnnta o! said Master Agre:em�eat unchanged except an the zegult of the pzovisions of this License Agree�aent. The covenants, conditions and agreements herein contained and incorporated by reference shalt. constitute rovenantn to run with. and running with, all of the lands of th3 Licensee described in said Kxhibit A, sad shall be binding on each of the particq htireto and on all paztie�s and all persons claiming under them or either of , them, and the advantages hereof shall inure to the benefit of each of the parties hereto and their respective successors and aSsigrts. IN taITNBSS Kn�EOP, the District hae hereunto canned its corporate Warne to be subscribed by its officers first taereuxvto duly authorized by zesolutin:s of its Hoard of Diractorrc and the Licensee has hereunto Subscribed its corporate riama to b8 �rbscribed and its seal to be affixed thereto, all aB of the day and year herein Ei,rst above .mitten. AT�S2' flu - t 1 .b . ; r ti:WPA � HBRiDIA2J 3RRICJiTiO]J I?i5�3tiCT BY �� Its presi�aent Secretary �. � , J .'LfZC�tS� AGR&R!tffi�'P - page 2 Q yr- oil P *7 IV , IF OF •f • • :ounty of • • • On this ortally Ini• . • • •• • • • • • • n 1 r appeared . • • • •• be •e President a • Secretary, reepectivalyeOf �M"A & MERIDIAN IRRIGATION DISTRICr. the Irrigation district that executed the •. instrucient and acknowledged to we Mhat : uch irrigation district executed the sa=e. IN WITNESS 1rKm80p, I have hereunto set cry hand and affixed my official seal, toe*4PAY and year in this rertiiicate first abavct written. �0%0 H. 60I 0 ^ - k00411 �or T�4;0b County of 1G r$' ';I Et •. . i 1 r �v�t �•• .. .� • • 1 %1XI7�.�•.' '• .•:'1:./r►. •r /a+ .sir i •. •.• •• • .: •11 a r IN NI7N6S5 P, I have hereunto set rry herod and affixed say official seal, the day and year in this certificate first above written. — n fall In Sectionrs � and S, Zb�uship 3 tiorth, F,ange i AB�it, E3,M. , Boise, Ada County, Idaho. See Exhibit C-1 hereto. a. Locatiozl and inatallatian of ouch encxoachaaent�s shall he in accordance with 8xhibit C-R, attached hereto and toads a part hereof. b. TUis section of the Milks T,ateral is �0 feet, 25 feet On either side of the centerline. ?his section of the Pinch Latttral is 80 feet, 4� test oA either side of the centerline. Thin section ' o� the 5tokesberry Lateral is �t0 feet, 2Q feet ott eitber side of the centerline. ' c. Construction sha12 b4 rocapleted not later than Jei.iy 3]., �996. 'i'icae is of the essence. ;� :� �:• i _..._ R£CUROEp' RI?tlll£ST OF � � AOA COUNTY RECQRDEFZ PIONEER TI � ,�. QGVIO,No�NO � FE� as DEPUTY EXHIBIT "C" 19990E 23 PM 2� 36 9 9 i Z.17 51 EASEMENT ' I plt���(7 This Easement is made this � day of , 1999, between Joint School District No. 2, (hereinafter referred to as "GRANTOR"), and Walter H. Kleiner, a married man as his sole and separate estate, and Eugene M. Kleiner, an unmarried man (hereinafter collectively referred to as "GRANTEE"). RECITALS WHEREAS, Grantor is the owner of certain real property located in Ada County, Idaho, hereinafter referred to as the "sentient tenement," which real property is more particularly described on Exhibit "1" attached hereto and incorporated in fu11 by this reference; and WHEREAS, Grantee is the owner, of a certain parcel of real property contiguous to the servient tenement, which parcel is more particularly described in Exhibit " 2" attached hereto and incorporated in fuN by this reference, which is hereinafter collectively i referred to as the "dominant tenement"; and I WHEREAS, Grantee desires to acquire certain rights in a portion of the sentient tenement. NOW, THEREFORE, it is agreed by and between the parties as follows: 1. Grant of Easement. Far one ($1.44) dollar and other good and valuable consideration as setforth in this agreement, the receipt and sufficiency ofwhich are hereby acknowledged, Grantor hereby grants to Grantee, and to Grantee's successors in interest, EASEMENT -Page 1 ��{ � �-' an easement as hereinafter described. 2. Character of Easement. The easement granted herein is appurtenant to the dominant tenement. 3. Easement Praperty. The easement granted herein (hereinafter referred to as the "easement property", is located on that portion of the servient tenement described in Exhibit "3" attached hereto and incorporated in full by this reference. 4. Description of Easement. The easement granted herein is granted for the purpose of allowing Grantee, or its agents, assigns, representatives, or contractors, at Grantee's sole cost and at no expense to Grantor, the right to connect to, and extend underground electrical lines through the easement property extend same to the dominant tenement, 5. Restoration of Servient Tenement. Within a reasonable time upon the completion of the installation of the underground electrical line as set forth above, Grantee, shall restore the surface of the servient tenement as near to its original condition as may be possible. In addition, Gran._,_tee agrees to replace and/or rebuild and all improvements located upon the servient tenement that may been damaged as a result of any work performed by Grantee or Grantee's employees, contractors, agents, or assigns. 6. Hold Harmless, The Grantee shall save and hold Grantor harmless from any and all liability for personal injury and property damage resulting from, or in any way connected with, any work performed upon the servient tenement as set forth in this Easement, or any related facilities or activities conducted or located within the servient tenement by Grantee, except liability for personal injuries or property damage caused EASEMENT -Page 2 � � ��' �� solely by the negligence or wrongdoing of the Grantor, 7. Protection and Maintenance of Fences. Grantee shall have the right to cross any fence located upon the servient tenement whenever the crossing shall be necessary in the construction, maintenance, or operation of the above -described road or utilities; however, Grantee shall maintain a proper enclosure at all times and sha11 restore any fence as promptly as possible to the condition prior to the cross 8. Relinquishment of Easement. in the event that electrical service is either extended to dominant tenement, or is available within a public right-of-way adjacent to the dominant tenement, at such a location that the owner of the dominant tenement shall agree i that this Easement is no longer necessary, the owners of the dominant and servient tenements agree to execute and deliver for recording a written document which will relinquish and release the Easement from the servient tenement. This Easement shall not be released under any circumstances without the written agreement of the owner of the dominant tenement. 9. Term. Unless relinquished as set forth in sec#ion 8, above, this Easement Agreement, and the covenants, conditions, and restrictions contained herein, shall run with the land and be perpetual. 1 �, Warranty -of Title. Grantor covenants that Grantor is the owner of the servient i ' tenement and has the right, title, and capacity to grant the easement granted in this agreement. 11. Authority to Grant. The undersigned parties executing this Agreement on ; behalf of the Grantor and Grantee represent that they have been duly authorized to EASEMENT -Page 3 �� � �� ; � �,� execute this Agreement. 12. P�ra�raph Headings. The underscored words appearing at the commencement of the paragraphs and/or subparagraphs of these covenants are included only as a guide to the contents thereof and are not to be considered as controlling, enlarging, or restricting the language or meaning of those paragraphs of subparagraphs. 13. Governing Law. These covenants shall be governed by the laws of the State of Idaho. 14, Einding Effect. This instrument shall bind and enure to the benefit of the respective heirs, personal representatives, successors, and assigns of the parties hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above�written. GRANTOR: GRANTEE: EASEMENT -Page 4 JOINT SCHOOL DISTRICT NO. 2 Christine Donnell, perintendent Walter H. Kleiner STATE OF IDAHO ) } ss. County of Ada ) On the day of ✓ 1999, before me, the undersigned, a Notary Public in and for said State, personally appeared Christine Donnell, known or identified to me to be the Superintendent of Schools and Authorized Representative of Joint School District No. 2 who executed the within and foregoing instrument on behalf of said school district, and acknowledged to me that said Joint School District No. 2 executed the same. first IN { Mortar * # -o.. EREOF, I have hereunto affixed my official seal the day and year J,A�AUBLIC �P'••e� 0 F CD STATE OF WASHINGTON ) ss. County of King ) ry Public for Idaho sing at , Idaho My Commission Expires: On the day of , 1999, before me, the undersigned, a Notary Public in and for said State, p rsonally appeared Walter H. Kieiner, known or identified to me to be the person whose name is subscribed to the within and foregoing instrument and acknowledged to me that he executed the same, iN WITNESS WHEREOF, I have hereunto affixed my afficial seal the day and year first above written. Notary Publi for Washington Residing at; My Commission Expires: Y• / s'oa STATE OF WASHINGTON ) ss. County of King ) On the ��'day of A�c..,.lo. r- , 1999, before me, the undersigned, a Notary Public in and for said State, personally appeared Eugene M. Kleiner, known or identified to me to be the person whose name is subscribed to the within and foregoing instrument and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto affixed my official seal the day and year first above written, a� L Residing at: S��t� My Commission Expires: /4� S zoo c ''•� 8..� ,�F�t'JAa EASEMENT -Page 6 EXHIBIT "I" A PARCEL QF LAND BEING A PORTION OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 5, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT THE NORTHEAST CORNER OF SAID SECTION 5; THENCE ALONG THE EASTERLY BOUNDARY LINE OF SAID SECTION, SOUTH 0 DEGREES 36'05" WEST, 2,611.52 FEET TO THE SOUTHEAST CORNER OF SAID SOUTHEAST 1/4 OF THE NORTHEAST 1/4, SAID CORNER BEING MONUMENTED WITH A FOUND BRASS CAP MONUMENT; THENCE ALONG THE SOUTHERLY BOUNDARY LINE OF SAID SOUTHEAST 1/4 OF THE NORTHEAST 1/4, NORTH 89 DEGREES 40'3r WEST, 372.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTHERLY BOUNDARY LINE OF SAID SOUTHEAST 1/4 OF THE NORTHEAST 1/4, NORTH 89 DEGREES 49'3r WEST, 944.54 FEET TO THE SOUTHEAST CORNER OF LOT 13 OF BLOCK 2 OF CAROL'S SUBDIVISION N0.2 AS SHOWN ON THE OFFICIAL PLAT THEREOF RECORDED IN BOOK 39 OF PLATS AT PAGE 3248, IN THE OFFICE OF THE RECORDER, ADA COUNTY, IDAHO, THENCE ALONG THE EASTERLY LINE OF SAID CAROL'S SUBDIVISION NO.2, NORTH 0 DEGREES 19'12' EAST, 660.38 FEET TO A POINT ON THE SOUTHERLY BOUNDARY LINE OF LOT 7 OF BLOCK 2 OF CAROL'S SUBDIVISION AS SHOWN ON THE OFFICIAL PLAT THEREOF RECORDED IN BOOK 38 OF PLATS AT PAGE 3164 IN THE OFFICE OF THE RECORDER, ADA COUNTY, IDAHO; THENCE ALONG THE SOUTHERLY LINE OF SAID CAROL'S SUBDIVISION SOUTH 89 DEGREES 10'000 EAST, 699.78 FEET TO A POINT; THENCE SOUTH 00 DEGREES 36'054 WEST, 354.16 FEET TO A POINT; THENCE SOUTH 89 DEGREES 40'37" EAST, 105.00 FEET TO A POINT; THENCE SOUTH 00 DEGREES 36'05" WEST, 60.00 FEET TO A POINT; THENCE SOUTH 89 DEGREES 40'37" EAST, 143.00 FEET TO A POINT; THENCE SOUTH 00 DEGREES 36'05" WEST, 260.00 FEET TO THE TRUE POINT OF BEGINNING, END OF LEGAL DESCRIPTION EXHIBIT "2" THE EAST ONE HALF OF THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 3 NORTH, RANGE 1 EAST OF BOISE MERIDIAN, IN ADA COUNTY, IDAHO, EXCEPT TI�AT PORTION DESCRIBED AS FOLLOWS: A PARCEL OF LAND SITUATED IN THE NORTHEAST QUARTER OF TH SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT AN IRON PIN MONUMENTING THE NORTHWEST CORNER OF SAID NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 59 FROM WHICH A BRASS CAP MONUMENTING THE NORTHEAST CORNER OF SAID NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 5 BEARS SOUTH 89 DEGREES 40'37" EAST, 1324.57 FEET; THENCE ALONG THE NORTHERLY BOUNDARY OF SAID NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 5 SOUTH 89 DEGREES 40'37" EAST 159.86 FEET; THENCE LEAVING SAID NORTHERLY BOUNDARY SOUTH 00 DEGREE 15'07" WEST, 289.88 FEET TO A POINT OF CURVATURE; THENCE SOUTHWESTERLY ALONG THE ARC OF A CURVE TO THE RIGHT 109.96 FEET, SAID CURVE HAVING A RADIUS OF 70.00 FEET, A CENTRAL ANGLE OF 90 DEGREES 00'00", AND A CHORD BEARING SOUTH 45 DEGREES 15'07' WEST, 98.00 FEET; THENCE NORTH 89 DEGREES 44153" WEST, 91.56 FEET TO THE WESTERLY BOUNDARY OF SAID NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 5; THENCE ALONG SAID WESTERLY BOUNDARY NORTH 00 DEGREE 31'17" EAST, 360.08 FEET TO THE POINT OF BEGINNING. AND EXCEPT ANY PORTION LYING WITHIN A PUBLIC ROAD. i ENO OF LEGAL DESCRIPTION w PkOJ1=C'I': 53.1175 PATE; August 4, 1999 EXHIBIT "3" pESCR1P'I'I(.)N FOR (.lNDERGROUND POWER LINE EASEMEW SITCIATED 1N I'N}i NE'/.OF SEC'rIUN 5 T.3N., R.I E,, B,M. A DA COUNTY. I DA 110 A undcrgcuund power line casement situated in the Northeast �/, o1'5ection 5, Township 3 North Range I East, 330ise Meridian, Ada County, Idaho, and more particularly described as follows: , EjoginninK. at a buss cap monumenting the Slwtheast corner of said Northeast'/c of Section 5, township 3 North, Range I Fast, Boise Meridian, Ada County, Idaho; Thence along.thl: Southerly boundary ttf said Northeast !�. of Section S, North ti9°a0'37" west t74A.11} NO to a point, said point being the REAL POINT OF BEGINNING; 'I'hcnCe continuing alimg said Southerly hctundary, North ti9°a0'37" West I5.00 feet to a paint; Tiicncc IcaViog said Southerly boundary, North 40''36'05'' East SO.UU test to a point; Thence South Bo°40'37" F,.•tst 15.00 feet to a point; Tlrenec South 00''36105" West SU.UU feet to the point of beginning, cantprising 7j(1,00 squart fact, m rn•e or less. 5llRJF..CT TO; All existing cusemants and or rights-uf--way. nGP/EUM 3'repared by: Pacific band Surveyors Una CJ. Payne, P.L.ti. pbWEH �ttgrggc�,�r'att�cl Pa e 1 of 1 ..:::V: a�MrM.� 'rM7YMY1l.rr..rNYlhn M+MWM4+�wrKm NMq \1111111 ���IlYlir�rr,�,�rr 1193 S. Eaylo Flight W„y Traits, icfahn M37oS> Phnnc (2081 37B�Q22 Fat (YUg) 978a1t12S IAddress Group Type Group # Description Zoning erty Master 04/12/2007 year Parcel # Status Property Type Z007 S1104346603 Active Real -�r�r Property Code Area 60 -...� Physical Location 3600E FAIRVIEW AVE MERIDIAN ID 83646-0000 SECT 1104 3N 1 E 04 RUT Towns hip/Range/Section Description PAR #6603 OF SW4 SEC 4 3N 1 E #346604-B 3N lE 04 State Parcel # 03NOlE0�16603 Contact Information Natne KLEINER WALTER HERMAN Mailing Address PO BOX 4003 BELLEVUE WA 98009-4003 Additional Contacts KLEINER EUGENE M State Category Assessed Assessment Property Valuation Status Code Acres Value Roll Occupancy Method Active 10 148.508 139,300 Active 100 6.700 481,600 i Active 190 2.000 0 Active 310 30,800 Active 310 28,500 Active 320 10,000 690,200 690,200 Primary Non -Occupancy INCOME Primary Non -Occupancy MARKET Primary Non -Occupancy INCOME Primary Non -Occupancy COST Primary Non -Occupancy COST Primary Non -Occupancy COST Less Homeowners Exemption KLEINER EUGENE M KLEINER WALTER HERMAN PO BOX 4003 BELLEVLJE WA 98009-4003 ADA COUNTY TREASURERS OFFICE 200 W FRONT STREET BOISE ID 83702 (208} 287-6800 Parcel# 51104346G03 Property Address 3000 E FAIRVIEW AVE MERIDIAN ID 83646-0000 04/12/2007 Interest as of 04/12/2007 Year Roll Half Base Tax Late Charge Interest Received Taxes Due 2006 Primary 1 3,347.03 0.00 0.00-3,347.03 0.00 Primary 2 3,347.03 0.00 0.00-3,347.03 0.00 2005 Primary 1 4,065.73 0.00 0.00-4,065.73 0.00 • Primary 2 4,065.73 0.00 0.00-4,065.73 0.00 2004 Primary 1 4,034.24 0.00 0.00-4,034.24 0.00 Primary 2 4,034.24 0.00 0.00-4,034.24 0.00 2003 Primary 1 3,822.17 0.00 0.00-3,822.17 0.04 Primary 2 3,822.17 0.00 0.00-3,822.17 0.00 2002 Primary 1 3,583.38 0.00 0.00-3,583.38 0.00 Primary 2 3,583.38 0.00 0.00-3,583.38 0.00 Total Amount Due : 0.00 [I Property Master oan2/2007 Year Parcel # Status Property Type 2ap7 S1104438800 Active Real oiw nwmw�� Property Code Area 59 Physical Location Address E FAIRVIEW AVE MERIDIAN ID 83646-0000 Group Type SECT Group # 1104 Description 3N lE 04 Zoning R6 Township/Range/Section 3N IE 04 nescription W2SW4SE4 SEC 4 3N 1 E State Parcel It 03NOIE048800 M- - mi Contact Information Name iCLEINER WALTER HERMAN Mailing Address PO BOX 4003 BELLEVUE WA 980094003 Additional Contacts KL EWER EUGENE M State Category Assessed Assessment Property Valuation Status Code Acres Value Roll Occupancy Method Active Active 10 190 19.550 o.aso 30,700 0 30 ,700 Primary Non -Occupancy Primary Non-Occupanc y Less Homeowners Exemption INCOME INCOME KLEINER EUGENE M KLEINER WALTER HERMAN PO BOX 4003 BELLEWE WA 98009-4003 ADA COUNTY TREASURERS OFFICE 200 W FRONT STREET BOISE ID 83702 (208) 287-6800 Parcel # 51104438800 Property Address E FAIRVIEW AVE MERIDIAN ID 83646-0000 04/12/2007 Interest as of 04/I212007 Year Roll Half Base Tax Late Charge Interest Received Taxes Due 2006 Primary 1 162.25 0.00 0.00-162.25 0.00 Primary 2 I62.25 0.00 0.00-162.25 0.00 2005 Primary 1 198.33 0.00 0.00 -19833 0.00 Primary 2 198.33 0.00 0.00-198.33 0.00 2004 Primary 1 196.05 0.00 0.00-196.05 0.00 Primary 2 196.05 0.00 0.00-]96.OS 0.00 2003 Primary 1 183.79 0.00 0.00-183.79 0.00 Primary 2 183.79 0.00 0.00-183.79 0.00 2002 Primary 1 178.40 0.00 0.00-178.40 0.00 Primary 2 178.40 0.00 0.00-178.40 0,00 2001 Primary 1 176.95 0.00 0.00-176.95 0.00 Primary 2 176.95 0.00 U.UO-176.95 0.00 2000 Primary 1 180.57 0.00 0.00-180.57 0.00 Primary 2 180.57 0.00 0.00-180.57 0.00 1999 Primary 1 183.83 0.00 0.00-183.83 0.00 Primary 2 183.83 0.00 0.00-183.83 0.00 1998 Primary 1 183.68 0.00 0.00-183.68 0.00 Primary 2 183.d$ 0.00 0.00-183.68 0.00 1997 Primary 1 148.99 0.00 0.00-148.99 0,00 Primary 2 148.99 0.00 0.00-148.99 0.00 1996 Primary ] 137.87 0.00 0.00-137.87 0.00 Primary 2 137.87 0.00 0.00-137.87 0.00 Total Amount Due : 0.00 7 Property Master 04/12/2007 Year Parcel # Status Property Type 2007 S1105449011 Active Real Property Code Area 242 Physical Location Address 1795 N EAGLE RD MERIDIAN ID 83646-0000 Group Type SECT Group # 1105 Description 3N lE 05 Zoning RUT Township/Range/Section Description PAR #9011 c@ E SIDE SE4 SEC 5 3N lE 9449010-B State Parcel if 03NOIE059011 Contact Information Name KIEINER WAITER HERMAN Mailing Address PO BOX 4003 BELLEVUE WA 98009-4003 Additional Contacts KLEINER EUGENE M State Category Assessed Assessment Property Valuation Status Code Acres Value Roll Occupancy Method Non -Occupancy Iess Homeowners Exemption INCOME KLEINER EUGENE M KLEINER WALTER HERMAN PO BOX 4003 BELLEVUE WA 980094003 ADA COUNTY TREASURERS OFFICE 200 W FRONT STREET BOISE ID 83702 (208) 287-6800 Parcel # 51105449011 Property Address 1795 N EAGLE RD MERIDIAN ID 836464000 04/12/2007 Interest as of 04/12/2007 Year Roll Half Base Tax Late Charge Interest Received Taxes Due 2006 Primary 1 721.94 0.00 0.00-721.94 0.00 Primary 2 721.94 0.00 0.00-721.94 0.00 2005 Primary 1 885.27 0.00 0.00-885.27 0.00 Primary 2 885.27 0.00 0.00-885.27 0.00 2004 Primary 1 859.78 0.00 0.00-859.78 0.00 Primary 2 859.78 0.00 0.00-859.78 0.00 2003 Primary 1 793.33 0.00 0.00 493.33 0.00 Primary 2 793.33 0.00 0.00-793.33 0.00 2002 Primary 1 776.36 0.00 0.00-776.36 0.00 Primary 2 776.36 0.00 0.00-776.36 0.00 Total Amount Due : 0.00 1 r , l9a 4 c�� 11U WARR4NTY DEED For value received, the E.;tATE OF kMHA W, KLEINEz�, deceased, by Walter Herman Kleiner and Euc}ene M. Kleiner, personal repre- sentatives, the grantor, does iereby grant, bargain, sell and convey unto WALTER HERMAN KLEINER and EUGENE M. KLEINER, as individuals, the grantees, the following described premises, to -knit: � The E'� of the 5W� and the t!� of the SW� and the W'.i of the SW=; of the SEA, in Section 4, and the Ej of the sEq in section 5, all in Tcwnship 3 North, Range 1 East I of the Boise Meridian, in Ada County, Idaho. To H.aVL AND TO HOLD unto the parties of the second parC as their rest�ective sole and separate property, each to hold an equal and undivided interest therein, as tenants in coamon. THIS DEED 1s being deliverec under and by virtue of an Order Confirming Sale of Real Property, made by the District Court of the Third Judicial District of the State of Idaho, in and for the County of Canyon, Kagistrate Division, Section 1, on the 26th day of August, 1972, which order is by reference thereto mace a part hereof, as though set forth in full herein. Tbis conveyance is an absolute conveyance of fee simple title, without restrictions of any type or kind_ TC HAVu AND TO HOLD the said oramises, with their appur- tcnances unto the said Grantees, Ciieir heirs and assigns fOI'ever. Ano the sain Grantor does hereby covenant to and wikh the said Grantees, that it is the owner in tee simple of said premises; that said premises are free from all encumbrances, and that it Will warrant and defend the same from all lawful claims what- soever. EbTA'.'E OF EMMA W. KLEINER, d+tcea9ed. :•J z. State of Iiiaho 3 ss County of Canyon } On this �,1� day of September, 1972, before me, the undez� signed, a notary public in and #or said State, personally appeared WAITER HERHAN KLEINER and EUGI;NE M. KLEINER, known to me to be the duly appointed and acting personal representatives o£ the Estate of Emma W. Kleiner, d3ceased, and acknowledged to me that the estate executed the farrgoing instrument. IN WITNhSS WHEREOF, I have herEunta set my hand and affixed my official seal, the day and year in this certificate first above written. t 1 S �/ /c No a Publzc for Idaho Residue: Nampa, Idaho l 51;AL ) _ `� , . � ! sr{iihC, Permda i t �;1'7�li 1:3 _' l lii .� WA;t RA VTY DEE D For value received, the E,�TATB Or' J. M. KLEINEki, deceased, ny 4ialter Herman Kleir.er and 2:ugene M. Kleiner, personal z'epre- sentative9, the grantor, does tereby grant, bargain, gall and convey unto WALTER 2iERMAN KLEIhEft and EUGENE tl. KLEINEit, as individuals, the grantees, the following described premises, to�wit: The E� of the 5W3t and the tQ3f of the SW� and the H� of the SW� of the SEA, in Sec•:ion �, and the E'-� of the SE'� in section 5, all in T<,wnship 3 North, kange 2 East of the Boise Meridian, in l.da County. Idaho. TO E{AVE ANA TO HOLD unto the parties Of the second part as their respective sole and separate property, and each to hold an equal and undivided ante^est therein, as tenants in common. THIS DfiED in being delivered under and by virtue of an Crci•r c:onfirminq sale of Real �rcperty, made by the District Court of the Third Judicial District of the State of Tdatto, in and foz the County of Canyon, ;agistrate Division, Section 1, on the 18th day of August, 197?, which order is by reference thereto made a part hereof, as th<�ugh set forth in full h::�ein. This conveyance is an absolute conveyance of fee simple title, without restrictions of any type cr kind. TO HAv� AND To HOLD the said premises, with their appur— tenances unto the said Grantees, Heir heirs and assigns forever. Arr:3 the said Grantor doe:: hereby covenant to and with the said Grantees, that it is the c,wner in fee simple of said premises; that said premises are £iee from all encumbrances, and that it will warrant and defend the same fzom all lawful claims whatsoever. • . -•. i... t 1 .�...... _ . . � � I' :�.� �• 2. state of Idaho ss County of Canyon ) On this day of September, 1972, before me, the under- signed, a notary public in and for said Stare, personally appeared WALTER HERMAN KLEINIR and EUGENE M. KLEINER, known to me to be the duly appointed and acting personal representatives of the Estate of J. M. Kleiner•, deceased, and acknowledged to me that the estate executed the foregoing instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written* rota`ra y Public fo�i Idaho ResideTce: Nampa, Idaho (SEAL) i Parcel No. 42 ,�;,n,r, ��ill 1NLI: tr+L L� KNOW aLL o-.4N BY TBLSL PRHSENTS, That J. I�'.. Kleiner and )•:mma W. Kleiner, his wife, of taampa, County of Canyon, State of Idaho, first parties for and on account of the certain benefits to them accruing, and of other valu- able considerations,�and the sum of One and No/100ths Dollars (�1.00) to thaw in hand paid, the receipt whereof is hereby 'acknowledged, have granted, bargained, sold and conveyed, and by these presents do grant, bargain, I Sall and convey unto the State of Idaho, second party, its successors and assigns forever, the following described parcel of land situated in the ; County of .,da, in the State of Idaho, to -wit: , scrip of land lying situate between the South line of Sections 4 and 5, Towrshlp 3 tlorth, Range 1 �:ast, Boise :�erididn, and a line parallel to and 50.0 feet distant Northerly from the following described center line f hirhway as surveyed and shown on the official plat of U. s. 30-troject ! ,o. r-3281 (5) highway survey on file in the office of the Department of ighways of the atata of Idaho end lying over and across the ,E#a�C of 'ection 5, .+nd the .i�9W>: and the W�SW15t,# o£ section 4, Township 3 ,.ort},, � tangs 1 ..ast, Boise r;eridian. 1 , aeginnin� at .,ration 111"46.0 of the said l,ibhway :,urv,:y, wnich tat ion is a point on tangent approximately 5.0 feet .,outh and 13z3.4 feet ast i'reu, the South quarter corner of Section ,5,z Township 3 Burt},, ;tame ..a:t, W ise ::eridian; thanes runr;ing North 89a59' Last - 1320.2 feet to 'ration 124+b6.2 sack equals 124+66.9 .head of said survey, which station 5 d ooint on tangent; Chance tlorth $90 59r East oh tangent 332b.1 feet to 'ration 157"93.0 which station is a point on tangent anproxirnataly 3.0 Bet :.orth an.i no7.0 feet ..ast :rom the South (quarter corner of .,action 4, ownchip 3 North, hinge 1 Last, Boise ideridian. ,nd alto, addicior.il strips of land contiguous and aijacent to the bove cleacribed ri�}it of way on the Northerly side thereof' as fullows: O.0 ^•eat wide from Station 118*50 to Station 122"02; tltance widening to 25.0 feet is :nation 124*42 and continuing 125.0 fast wide to Station 24*92; thaace tapering to 10.0 fast wide at Station 126'72, and Chance ontinuin� 10.0 feet wide to Station 13Q�82; and also, 5.0 feet wide at 'ration 1�7.13 and continuing 5.0 feet wide to the ..ast line of the Y.'i•,l•(i:':�� i ,ectton 4, Township 3 Ilorth, Range 1 ..ast, Boise h.eridian. :scenting that uortion already dedicatai by oublic use or oth�rwire a.: , ublic road. llew right of way required being aunroxiu,ately 3.G6 acres o£ tie b.U3 acre:, above described. TVOc:fn.}i :.ith all and singular the tenements, heredita,rents and opurtenances thereunto belonging or in anywise aopertalnine, t'.,a reversion ni rtversions, remainder and re,nainders, rents, issues and profits thereof; nd ail estate, right, title and interest in and to the s•iid proa.srty, as •�11 in 1..,.r as in equity, of the said parties of the first part. ;'� H.,v....1.D 'lU dGLD, xll and singular the above mentior;�d and described �remises, to,�,ather with the appurtenances, unto the party of the second irt, ani to its successors and assigns forever, and the partt�s o: the lrst p.rt, a,:i Choir hairs, the said prersises In the quiet •and peaceable o:;sassion of tics party of the second part, its successors and assigns, �ainst th.: sat.! parties of t}ra, first pare, and their heirs, ar;d against 1 .aid every person and persons whomsoever, lawfully claimin,; or to claim the same shall and will W.utttati'f and by these -resents forever llslr:.[JD. Thsre is also !;ranted hereby an easement adjacent to the above descriLed sal .,roperty for relocation o£ all irrigation ani drainage ditc!;es and trudtures ani such surface drain ditches as may be necessary to the pro�':r onstruction of the hip},way to be constructed on said real pro srty. Grantors agree that _io buildings or structure,, scent irrigation or page structures, will be permitted to be constructed within 20 i'eet of real property above described. rL _ 2 m LJ:0 J P.,i,t t o Construction or relocation of right of way fencing, shall be by and, t the sole expense of the State. Grantors further agree that no bill oards or other advertising signs will be permitted closer than 100 feet rom the real property above described, excepting signs pertaining to usiness established on lands adjacent to the described real property. l.. l� iP.J..,� t.!'ict2::GF, P!e have hereunto set our hands and seals this ty-ninth day of June, 19550 r dl) (3ea1) SS Of Canyon 0n this 29TH day of June, 1955, before me, the undersigned, a ?lotary ubiic in and for said State, ,personally appeared J, hi. Rleiner and �mna Rloiner, resoectively, known to me to be the persons whose names are ;ubscribed to the foregoing instrument, and acknowledged to me that they cecutai the same. 114 Ii::..,� YId KxIP, I have hereunto set my hand and affixed my official ;esI the day and year in this certificate first above written. Witmer Notary. lie in and for the :tdz;e of Idaho desiding at: Namoa, .Idaho v a U in � mo 0 N t R O O o cd O O o 0 H �6� da O W � O 'd HH tom. ti ~ O O� m PO a] t pOp Q O rH N C E' O p Y 9 i> CT P of h tl W r4 T4 O F H Y a O Gl V o a V1. v A N Co i t n A i t1 ... :r _ Q10NEEK �'E WARRANTY DEED i.Gr"� �C. ?�CGriG�R Project No. NH-F'-3271(037} SOc5� 9 e q/)�_ Key i3a. 2793 �}�---� Parcel. No. 1, Parcel ID No. oQ37198 � . day of Tars INDFN'PURE, Made this /D� '9� ,5b e�n50 WALTER HERMAN, and EUGENE M. KLEINER, eacr as their res��� �`J`e" sole.�n+�Sd .� �� separate estate, Grantors, and the STATE OF IDAHO, IDAHO TRANSPORTATION DEPARTMENT by and through the IDAHO TRANSPOEtTATTUN BOARD, 3311 West State Street, Boise, Zdaho 83703, Grantee. �.�3'��UC�U321 WITNESSETH: That the Grantors, for value received, do by these presents, grant, bargain, sell and convey unto the Grantee, the following described real property together with all rights of access between the right of way of State highway No. 55 (Eagle Rd.), Project No. NH'F-3271(037) Highway Survey and the remaining contiguous real. property belonging tr the Grantors except for: four points of access located on the left (West) side between Stations I17-t-72.57 aT►d 142+26.Oo of said Highway Survey, situated in the County of Ada, State of Idaho, to -wit: A parcel of land being on the West side of the centerline of State Highway No. 55 (l..dgle Road), Project No, NH-F-3271(037) Kighway Survey as shown on the plans thereof now on file in the office of the Sdaha Transportation Department, and being a portion of the E'-g5E; of Section 5, Township 3 North, Range J. East, Boise Meridian, described as follows, to -wit: Commencing at the section Corner common to Sections 5, 4, 9 and 8 '���� of said Township 3 North, Range 1 East, Hoise Meridian, said Section corner being a point in the centerline of State Highway No. 55 and also }acing coincident with Station 116+07.49 as shown on the plans of said State highway No. 55 (Eagle Road), Project No. NH-F-3271(Q37) Ha.ghway Survey; thence North o°34'Q3" East along the East line a� said Section S, being coincident with the centerline of said State Highway No. 55, a distance of 165.08 feet to a point in the Northerly line of the second strip of land as described in that certain Warranty Deed dated June z9, 1955, recorded July 28, 1955 as Iristxument Page 1 RECORD AT THE REQUEST OF TfiE STATE OF 1DAH0 FEE EXEMPT - X.C. 67-2301 r _ WARRANTY DEED 1�� ' ��'�i3�� Project No. NH-F-3271(037) Key No. 2793 Parcel No. 1, Parcel, ID Na. 0037198 No. 380667, records of Ada County, Idaho, which is coincident with Station 117+72.57 of said Highway Survey and being the REAL POINT OF BEGINNING; thence North 0°34'43" East continuittg alone said East line, being coincident with said centerline 2453.43 feet to the Northeast Corner of the NE;SE; of said Section 5 and being coincident with Station 142+26.0 of said Highway Survey; thence North s9°48'51" West along the :lorth line of said NE�SE'; a distance o:f 70.o feet to a point in a line parallel with and 70.0 feet Westerly from the centerline and bears North 89°25'17" West - 70.0 feet from 6tation 142+25.52 of said Highway Survey; thence $euth 0°34'43" West slang Said parallel line 1632.07 feet to a point opposite Station 125+93.45 of said Eiighway Survey; thence South 2°52'09" West -- 250.z0 feet to a point in a line parallel with and 80.0 feet Westerly from the centerline and bears North 89°25'17" West -- 80.0 feet from Station 123+43.45 of said Highway Survey; thence South 0°34'43" West along said last parallel line 606.33 feet to a point in said Northerly line and being opposite Station 117+37.12 of said Highway Survey; thence North 57°46'34" East along said Northerly line 65.43 feet to a point in the Westerly right of way Line of existing State Highway No. 55 (Eagle Road), and bears North 89°25'17" West -- 25.0 feet from Station 117-h72.57 of said iiighway� Survey; thence South 89°25'17" East a distance of 25.0 feet to the REAL POINT OF BEGINNING. Highway Station Reference: 117+72.57 to 142 + 26.0 The area above described contains approximately 4_1244 acres, 1.4081 sores of which is acknowledged to be a portion of a public road. The bearings as shown in the above land description, unless otherwise notec are from the Idaho Plane Coordinate System, based on the transverse mercator projection for the West Zone of Idaho. Page 2 RECORD AT THE REQUEST OF THE STATE OF IDAHO FEE EXEMPT -- I.C. 67^2301 WARRANTY DEED �'8�`" L�ti�iZ`� Project No. NH-F--3271(037) Key No. 2793 Parcel No. 1, Parcel ID No. 0037196 Arty right of way fencing to be constracted is not necessarily. intended to designate the property line and any variance between the location of right o£ way fencing and the actual property line as herein described, shall not b.e construed as a a.odification or alteration of this description. TO HAVE AND To HOLD the said premises, with their appurtenances unto the said Grantee, and Grantee's assigns forever. And the said Grantors do hereby covenant to and with the said Grantee, that Grantors are the oWriers in fee simple of said premises; that said premises are free from all encumbrances, EXCEPT those to which this conveyance is expressly made subject and those made, suffered or done by the Grantee; and subject to reservations, restrictions, dedications, easements, right o� way and agreements, (i£ any) of record, and general taxes and assessments, (includes irrigation and utility assessments, if any) for the current year, which are not yet due and payable, and that the Grantors will warrant and defend the same from all la�tful claims whatsoever. IN WITNESS WHEREOF, Grantors have hereunto set their hands and seals the day and year first above written. �� Y lT�.s ' w CiV1"' D • WALTER HERMAN KL,ETNE,R �'' -- .� aaa. �( n E E M. E z N F��'—__..____ page 3 RECORD AT TfiE FtEQiJEST OF THE STATE OF IDAHO FEE EXEMPT -- I.C. 67-2301 WARRANTX nEEp Project No. NN-F-a271(037) Key No. 2793 Parcel No. ., Parcel ZD No. 0037198 STATE OF ss. (.V1 ) 1��. uG u�z� County of On this �� day of , 199r, before me, the undersigned, a Notaxy Pub1iG in and far s xd state, personally appeared WALTER IiERMAN KLEYNER, knawn or identified ica tue to he the person whose name i.s subscribed to the foregoing inst�ent, and acknowledged to me that he executed the same. � -� (sFAt.) STATE OF �IGQ/ttn.fif.Ti� ) County of ��sslon f'.. :o�� �v^ �" ;;QTA?; ';rro ��' �7A � .�t��� .J l.. 5S. �� exp On this /��' day of � . 199� lsefore IIte, the a Notary Public nand for sa d State, personally appeared EUGE1`iE M. KLEINER, known or identified to me to be the pe7tson subscrik�ed to the foregoing instrument, aad acknowledged to m executed the same. (SEAL) . ...�:� J� •' j:••t�; q��t;''�: .. : u ,,,, �C, y n•'•�. •�. �. r�`•` �'�,� OF� � ,, r•; Resi.di»g at 4 My commission Page q �� undersigned, whose name is e that he ..�. � :pzres RECORD A.'T.' THE REQUEST OF' THE STATE QF IDAFio FEE EXEMPT - T.C. 67-2301 ..-��G�. r 95Q35388"�'`� s ..._ � �ION�En Tin..E WARRANTY DEED fiD,: G :_ Z�';;ORO�R J. Q.�.': i J ��r,�lr' r tZO Project No. NH--F-3271(037) 3Q;SF ;�nt�-(�(Q"„" �,.� Key No. 2793 ParGez No. 2, Parcel ZD 2Jo. 0037199 J 1.��'7��Uri3(.}3;2r'a THIS INDENTURE, Made this / ,� day of ��fl�g9'n, pri�twe�ri WALTER HERMAN KLEiNER, and EUGENE M. KLEINER each as �resp�ct���{CoF1e and separate estate, Grantors, -and the STATE OF IDAHO, iDAHO T�2A2JSPORTATYON i7EPARTMENT by and through the IDAHO TRANSPORTA`fIQN BOARD, 3311 West State Street, Boise, Idaho 83703, Grantee. WITNE55ETH: That the Grantors, for value received, do iay these presents, grant, bargain, sell and convey unto. the Grantee, the following described real property together with all rights of access between the right of way of State Highway No. 55 (Eagle Rd.j, Project No. NH-F-3271(037} Highway Survey and the remaining contiguous real property belonging to the Grantors except for: four points of access located on the right (East) side between Stations 1.7.7-�72.57 and 142-+-26.53 of sa�.d Highway Survey, situated in the County of Ada, State of Idaho, to -wit: A parcel o€ land being on the East side of the centerline of State highway No. S5 (Eagle Road), Project No. NH-F-3271(037) Highway suxvey as shown on the plans thereof now on Pile in the �� office of the Idaho Transportation Department, and being a portion oP the Wi5W; o€ Section 4, Township 3 North, Range 1 � East, Boise Meridian, described as follows, to -wit: Commencing at the Section Corner Co�Amori to Sections 5, 4, 9 and 8 of said Township 3 North, Range 1 East, Boise Meridian, said Section corner being a point in the centerline of state Highway No. 55 and also being coincident with Station 116+07.49 as shown on the plans of said State Highway No, 55 (Eagle k2oad}, Project No. NH-F-3271(037) Highway Survey; thence North 0°34'43" East along the West line of said Section 4, being coincident with the centerline of said State Highway No. 55, a distance of 165.48 feet to a point in the Northezly line of the Second strip of la:td as described in that certain warranty need dated June 29, 1955, recorded �7uly 28, 1955 as Instrument Page 1 RECORD AT THE 1�QUEST OF THE STATE OF IDAHO FEE EXEMPT - I.C. 67-2301 1�37�C}�'U��b WARRANTX REED Project I�Io. NH-F�3271(037) Key No. 2793 parcel No. 2, Parcel ID No. a037199 No. 380667, records of Ada County, Idaho, which is coincident with Station 117+72.57 0£ said Highway Survey and being the REAL POINT OF SECINNiNG; thence North o°34'43" East continuing along said West line, being coincident With said centerline 2453.43 feet to the Northwest corner of the NW;Sw; of said Section 4 and being coincident with Station 142+26.0 of said Highway survey; thence South 89°51'12" East along the North Zine o£ sazd NW;SW4 a distance of 70.o feet to a point in a line para21e1. with and 70.0 feet Easterly from the centerline and bears South 89°25'27" East - 7p.o feet from station 142+26.53 of said Highway Survey; thence South 0°34'43" West along said parallel line 1581.$3 feet to a point opposite Station :L26i�44.7D of said Highway Survey; thence South i°42`43" East - 250.20 feet to a paint in a line parallel with and 80.o feet Easterly fzom the centerline and bears South 89°25'17" East -- BQ.O feet fzom Station 123+94.70 of said Highway Survey,' thence South 0"34'4:3" West along said parallel line a distance of b57.1D feet to a paint in said Northerly line and being opposite Station 117i-37.60 cf said Hig3lway Survey; thence North 56°58'30" West along said Northerly line 65.17 feet to a point in the Eastierly richt of way line of existing State Highway No. 55 (Eagle 12oad) and bears Svuth 89°25'17" East - 25.0 feet Prom Station 117+72.57 of said Highway Survey; thence North 89°25' a.'7" West -- ::5. o feet to the REAL POINT of BEGYNNI�`iG . Highway gtatian Reference: 11"/i-72.57 to ].42+26.53 The area above described contains approximately 4.1366 acres, l.aosz acres of which is aa}cnowladged to be a pardon of a public road. The bearings as shown in the above land description, unless rstherwise noted, are from the Idaho plar_e Coordinate System, Page 2 RECORD AT 'PHE REQUES'Y' OF THE STATE OF iDAHO FFE EXEl�'IPT -- x.C, 67--230z J WARRANTY DEED 1LC3 f # UUO304�0'7 Project No. 1,411--F-3271(037) Key No. 2793 Parcel No. 21 Parcel !D No. 0037199 based on the transverse mercator projection far the West Zone of Idaho. Any right of way fencing to be constructed is not necessarily intended to designate the property line and any variance between the location of right of way fencing and the actual property line as herein described shall not be construed as a modification or alteration of this description. TO HAVE AND TO HOLD the said premises, with their appurtenances unto and Gran�ee's assigns forever. And the said Grantors do the said Grantee, hereby covenant to and with the said Grantee, that Grantors are the owners in fee simple Of said premises; that said premises are free from all encumbrances, EXCEPT those to which this conveyance is expressly made subject and those made, suffered or done by the Grantee; and subject to reservations, restrictions, dedications, easements, right of way and agreements, (if any) of record, and general taxes and assessments, (includes irrigation and utility assessments, if any) for the current year, which are not yet due and payable, and that the Grantors will warrant and defend the same from all lawful claims whatsoever. II3 WITNESS WHEREOF, Grantors have hereunto set their hands and seals the day and year first above written. Page 3 �2ECORD AT THE REQUEST OF THE STATE OF IpAHo FEE EXEMPT -- I.C. 67-2301 J WARRANTY DEED project No- NH-F-3271(037) Key No. 279 Parcel No. 2, Parcel ID N04 0037199 STATE OF rMI(UZPV } f , ss. ig733.UUUJjac3 mtiila� �.• GAR` qr•; • IkOTA% = county o 174604 40 :460 '�0. =,�G l On this 1D day of , 199, before me„ ubxx� ed► a Notary Qub1la n and for said State, personally appear'eTl WALTER HERMAN YLEINER, known or identified to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same. (SEAL) STATE OF a ) ss._ iding a Gommiss County of on this l✓ day of w r 159VE; before me, the a Notary Public in and fors d State, personally appeared EUGENE M• KLEINER, known or identified to me to be the person subscribed to the foregoing instrument, and acknowledged to m executed the same• _ L�cl�..J sdi (SEAL) Notary Public or Residing at (.,94t My comznissian exp . �A. OACif 5.%a .l+. :7 — O114�, ; a _at :'1d' 0 4106, RECORD AT THE REQUEST OF THE STATE OF ZE)AHO FEE EXEMPT NEW I.C. 67-2341 undersigned, whose name is e that he V\ v45" aS nnttnrr ADA COUNTY RECORDER f ), 0/tV10 NAVARRO �74�1► rna". Ilt �.FiQ 4; ZOOI SP 21 PH 12t 07 QUITCLAIM DEED For Value Received RECORDED-REOUta, C:i FEE�OEPUTY tS .-- 101091065 FI!�ST AMEMCAN ELIZABETH S. KLEINER, Spouse of WALTER HERMAN KLEINER do hereby convey. release, remise and forever quit claim unto ADA COUNTY HIGHWAY DISTRICT, a body politic and corporate of the State of Ida}to whose address is 318 East 37ih Street - Carden City, ID 83714-6499 the following described premises, to -wit: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART THEREOF. together with their appurtenances. Dated: August 28, 2001 ElizabotA S. Kleiner STATE OF ) ss. COUNTY OF � ) On This day of September, in the year 2001, before me, a Notary Public in and for said State, person y appeared Elizabeth S. Kleiner, known or identified to me to be the person(s) whose name(s) is subscribed to the within Instrument, and acknowledged to me that she executed the sf ::MN fXp •. i �pTgq} �•_ jOU6L1G off' , tia�� Notary Public of idtd+a L.4M/46 k.� Residing at 21� Commission expires: � — First American Title Company of Idaho March 6, ZOOI Exhibit A �� ■■ 6�uadrant Consulting, Inc. PARCEL 1 ADA COUNTY HIGHWAY DISTRICT PROJECT N0.36138 INTEIt�SECTION OF FAIRVIEW AVENUE AND EAGLE ROAD PROPERTY OWNER: W.H. KLEINER AND E.M. ICLEINER PROPOSED RIGHT-OF-WAY ACQUISITION SECTION 5, T3N, R1E, B.M. A strip of land forright-ofway for Ada County Highway District located in the SE'/, of the SE '/. of Section 5, Township 3 North; Range 1 East, Boise lvieridian, Ada County, Idaho, being more particularly described as follows: Commencing at the Section Corner common to Sections 4, 5, 8, and 9; thence along the Section line common to said Sections 5 and 8, North 89°48'S3" West 204.44 feet; thence leaving said Section line, North O(?°24'45" East 50.92 feet to a point of intersection with the northerly right-of- way line of West Fairview Avenue, said point being the POINT OF BEGINNING; thence along said northerly right -of --way line North 89°35' 15" West 359.07 feet; thence leaving said right -of --way line North 87°57' 15" East 385.27 feet to the point of intersection with the northerly right -of --way line of Said West Fairview Avenue; thence along said northerly right -of --way Line South 57°49'09" West 30.68 feet to the POINT OF BEGINNING. Said strip of land contains 2,967 square feet or 0.07 acres more or less. A��FOFIQ W. LOtI� 405 S. 81h Street, Ste. 295 • Bolse. ID 83702 •Phone (208) 342-0091 •Fax (208) 3Q2-0Q92 'Internet: quadrant®micron.net C1vli Englneering • Surveyhg •Construction Management 1D CO' NTY RECOROF.R Project: Fairview Avenue/Eagle Road Impfov 0 HN.VAER0 Project No.: 36138 '�'I ^ R/W Parcel No. 1 T.3N., Rol E., Section 4 1nt1j $p 21 PP112D 01 I�Ifoo) WARRANTY DEED RECORDED- REQUES I Qr PEEp£PUT'� - 101097066 FIRST AnAERICAN N7 �'�IY=l1�F:=11'l %:•ll•�a THIS INDENTURE, made this V day of , 2001, WALTER HERMAN KLEINER, a married man as his sole property and EUGENE M. KLEINER, an unmarried man, the "GRANTOR," and ADA COUNTY HIGHWAY DISTRICT, a body politic and corporate of the State of Idaho, the "GRANTEE"; WITNESSETH: FOR VALUE RECEIVED, the GRANTOR has granted, conveyed, bargained and sold, and does hereby grant, bargain, sell, convey and confirm to the GRANTEE, and its successors and assigns forever, that certain real property situated in the COUNTY OF ADA, STATE OF IDAHO, more particularly described on Exhibit "A" attached hereto and by this reference made a part hereof, TOGETHER with ali and singular the buildings, structures, improvements and fixtures thereto, the tenements, hereditaments and appurtenances thereunto belonging or in anywise appertaining, the reversion and reversions, remainder and remainders, and rents, issues and profits thereof (the "Premises"); SUBJECT TO those exceptions to GRANTOR 's title as are set forth on Exhibit "6" attached hereto and by this reference made a part hereof. SUBJECT TO those exceptions to title to which this conveyance is expressly made subject and those made, suffered or done by the GRANTEE: (a) the GRANTOR covenants to the GRANTEE, its successors and assigns, that the GRANTEE shall enjoy the quiet and peaceful possession of the Premises; and (b) GRANTOR warrants to the GRANTEE, its successors and assigns, that GRANTOR is the owner of said Premises in fee simple and has the right and authority to convey the same to GRANTEE, and GRANTOR will defend the GRANTEE's title from all lawful claims whatsoever. WARRANTY DEED -Page 1 (,ov. si�irea) The current address of the GRANTEE is: Ada County Highway District 318 East 37th Street Garden City, Idaho 83714-6499 IN WITNESS WHEREOF, this WARRANTI� DEED has been duly executed by GRANTOR, the day, month and year herein first above written. V tinict gi UL t itt r" Walter Herman Kleiner M. STATE OF "AVVt ) ss. County of Aft) a Notary Public in and for the State of Waf► , personally appeared Walter Herman Kleiner, known or proved to me to be the person who executed the foregoing instrument, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above writt1 %-O � U 0- • �ojgAr•. * amp a tP "9 PUBUG oa.'= WARRANTY DEED -Page 2 Notary Public for Mahe- �5+,.,�"�S'` Residing at ,Idaho My pires commission a 1- 2-1-0�► STATE OF RAIN£ ) ss. County ofAela& ) On this I��' day of �G` 2001, before �I +ve" , a Notary Public in and for the State 01 `w, personally appeared Eugene M. Kleiner, known or proved to me to be the person who executed the foregoing instrument, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written..1 ^ /?�S LtAj Notm/ Pubic state of WON 'a MYton KAJAK SNUM MY Appointment F Feb 19. 20' WARRANTY DEED -Page 3 (rev. s�„res� Notary Public' for�'al�ewas�'r'� 47�i Residing at �ENTLZ ,-+fie My commission expires March 6, 2001 Exhibit A �■ Quadrant Consulting, Inc. PARCEL 1 ADA COUNTY HIGHWAY DISTRICT PROJECT N0.36138 INTERSECTION OF FAIRVIEW AVENUE AND EAGLE ROAD PROPERTY OWNER: W.H. KLEINER AND E.M. ICI,EINER PROPOSED RIGHT-OF-WAY ACQUISITION SECTION 5, T3N, R1E, B.M. A strip of land for right -of --way for Ada County Highway District located in the SE'/, of the SE'/, of Section 5, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the Section Corner common to Sections 4, 5, 8, and 9; thence along the Section line common to said Sections 5 and 8, North 89°48'S3" West 204,44 feet; thence leaving said Section line, North 00°24'45" East 50.92 feet to a point of intersection with the northerly right-of- way line of West Fairview Avenue, said point being the POINT OF BEGINNING; thence along said northerly right -of --way line North 89°35' 1 S" West 359.07 feet; thence leaving said right -of --way line North 87°57' 15" East 385.27 feet to the point of intersection with the northerly right -of --way line of Said West Fairview Avenue; thence along said northerly right -of --way line South 57°49'09" West 30.68 feet to the POINT OF BEGINMNG. Said strip of land contains 2,967 square feet or Q.�7 acres more or less. �0 ��'ro�l .\o�,q�T� Q� 1O} \�! L0�1� . 405 S. 8th Sheet, Ste. 295 • Bofse, ID 83702 •Phone (20fi) 342.0091 'Fax (208) 342•g092 'Internet: quadrant®micron,net Civil Engineering • Surveying •Construction Management Project Name: FairvlewAvenue/Eagle Road lmprovemenis Project No.: 36138 R/W Parcel No: 2 Township/RangelSection: S 4. T.3N. R.1E. BM EXHIBIT "B" i Exceptions to Title Commitment No. FA-140822 1. General and Special Taxes for the year 2001. 2. Covenants, conditions, restrictions and easements contained in the Deed to the State of Idaho. Instrument No. 380667 July 28, 1955. End of Exceptions to Title Commitment. U :.D:. CUUNTY RECORDER T DAVIO NAVARRO 1tIUl SP 2 I PH ill 0? QUITCLAIM DEED For Value Received RECORULU-Kruwrbl F FEEJLDEPUT'i dL 101091067 FIRST Amtrl N ELIZABETH S. KLEINER, Spouse of WALTER HF.RMAN KLEINER do hereby convey, release, remise and forever quit claim unto ADA COUNTY HIGHWAY DISTRICT, a body politic and corporate of the Stale of Idaho whose address is 318 East 37th Street -Garden City, ID 83714-6499 the Following described premises, to -wit: SEE EXHIBIT ••A'• ATTACHED HERETO AND MADE A PART THEREOF, together with their appurtenances. Dated: August 28, 2001 ElizaMrL S. Kleiner STATE OF � ) COUNTY OF v ) On This -�� day of September, in the year 2001, before me, a Notary Public in and for said State, personally appeared Elizabeth S. Kleinert known or identified to me to be the persons) whose names) is subscribed to the within Instrument, and acknowledged to me that she executed the same. 3, : 4�YM••E,rA•ti� dDTARY N�..yypU8l10 00':•2. �l GgRY * `NG,�.• f weahh Notaiy`Pubtic Ftdalrb �:'4+ Residing at Commission expires: '-•��� First American Title Company of Idaho .. �� ■■Quadrant -� Consulting, Inc. Exhibit A March 6, 2001 PARCEL 2 ADA COUNTY HIGHWAY DISTRICT PROJECT N0.36138 INTERSECTION OF FAIRVIEW AVENUE AND EAGLE ROAD PROPERTY OWNER: W.H. HI,EINER AND E.M. KLEINER PROPOSED RIGHT-OF-WAY ACQUISITION SECTION 4, T3N, R1E, B.M. A strip of land for right -of --way for Ada County Highway District located inthe SW'/4 of the SW'/, of Section 4, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the Section Corner common to Sections 4, 5, 8, and 9; thence along the Section line common to said Sections 4 and 9, South 89°22' 10" East 204.88 feet; thence leaving said Section line, North 00°37'S0" East 50.90 feet to a point of intersection with the northerly right-of- way line of West Fairview Avenue, said paint being the POINT OF BEGINMNG; thence along said northerly right -of --way line North 56°58'S0" West 18.Sb feet; thence leaving said northerly right -of --way line South 89°35'24" East 217.51 feet; thence South 84°54'44" East 122.62 feet to a point of intersection with the said northerly right -of --way line; thence along said northerly right -of --way North 89°35'24" West 324.09 feet to the POINT OF BEGINNING. Said strip of land contains 2,708 square feet or O.Ob acres more or less. 40.5 S. 81h Street, Ste. 295 • Bolse, tD 83702 • Phaie (208) 3q2-0091 • Faoc.(20t3) 342-0092 • Internet: quadrant�micron,ner CMI Er�lneerinp • StnveYhg • Corutructtvn Nbn�ement ADA COUN I Y RECORDER JS DA,VID NAVARRO 1,07 Project: Fairview Avenue/Eagle Road improvements Project No.: 36138 ZOOI SP 2 ( P�112 7 R!W Parcel No. 1 T.3N., RA E,, Section 4 i10 WARRANTY DEED RECORDS EEE�, LDEPUT' 11AWIFR1GAN (Space reserved for Recorders use) THIS INDENTURE, made this day of . QP"""" 2001, WALTER HERMAN KLEINER, a married man as his so a property and EUGENE M. KLEINER, an unmarried man, the "GRANTOR," and ADA COUNTY HIGHWAY DISTRICT, a body politic and corporate of the State of Idaho, the "GRANTEE"; WITNESSETH: FOR VALUE RECEIVED, the GRANTOR has granted, conveyed, bargained and sold, and does hereby grant, bargain, sell, convey and confirm to the GRANTEE, and its successors and assigns forever, that certain real property situated in the COUNTY OF ADA, STATE OF IDAHO, more particularty described on Exhibit "A" attached hereto and by this reference made a part hereof, TOGETHER with all and singular the buildings, structures, improvements and fixtures thereto, the tenements, hereditaments and appurtenances thereunto belonging or in anywise appertaining, the reversion and reversions, remainder and remainders, and rents, issues and profits thereof (the "Premises"); SUBJECT TO those exceptions to GRANTOR's title as area set forth on Exhibit "B" attached hereto and by this reference made a part hereof. SUBJECT TO those exceptions to title to which this conveyance is expressly made subject and those made, suffered or done by the GRANTEE: (a} the GRANTOR covenants to the GRANTEE, its successors and assigns, that the GRANTEE shall enjoy the quiet and peaceful possession of the Premises; and (b) GRANTOR warrants to the GRANTEE, its successors and assigns, that GRANTOR is the owner of said Premises in fee simple and has the right and authority to convey the same to GRANTEE, and GRANTOR will defend the GRANTEE's title from all lawful claims whatsoever, WARRANTY DEED -Page 1 ILL[*ONO The current address of the GRANTEE is: Ada County Highway District 318 East 37th Street Garden City, Idaho 83714-6499 IN WITNESS WHEREOF, this WARRANTY DEED has been duly executed by GRANTOR, the day, month and year herein first above written. Walter Herman Kleiner e M. Klein STATE OF �� ss. County of9 ) On this day of o x,lA�, � 2001, before me, AWLkw- A6 I k,ikLn� , a Notary Public in and for the State of Idatra personally appeared Walter Herman Kleiner, known or proved to me to be the person who executed the foregoing instrument, and acknowledged to me that fie executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. xoofARY * : .►."WA. N•:9 A�%BL�G pa.� 9T?�4RY2�;�� �: D WARRANTY DEE-Page 2 (rev. C�1189) Notary Publi fog-I�sha l,.Y�.-�� Residing at , I My commission a ires --2 wA5WIV 1W STATE OFiBAH& ) ) ss. County ofA4a wruG ) On this 13;' day of>-� 2001, before mew a Notary Public in and for the State o`(=, personally appeared Eugene M. Kleiner, known or proved to me to be the person who executed the foregoing instrument, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. n. Notory Pubic Jlule of Wos11 t41 KAk W SNJM MY Appd^menl Expires Feb; D, M WARRANTY DEED -Page 3 t,av sn�Ast Notary Publ� for�ahe wA�►Rv�'�&nn! Residing at S90)i E , 1dahe My commission expires ?R-rg -v3 March 6, 2001 NM ON Quadrant ExhibitA Consulting, Inc. PARCEL 2 ADA COUNTY HIGHWAY DISTRICT PROJECT NO.36138 INTERSECTION OF FAIRVIEW AVENUE AND EAGLE ROAD PROPERTY OWNER: W.H. KLEINER AND E.M. KLEINER PROPOSED RIGHT -OF WAY ACQUISITION SECTION 49 T3N, ME, B.M. A strip of land for right -of --way for Ada County Highway District located in the SW '/, of the SW '/. of Section 4, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, being more particularly described as follows, Commencing at the Section Comer common to Sections 4, 5, 8, and 9; thence along the Section line common to said Sections 4 and 9, South 89°22' 10" East 204.88 feet; thence leaving said Section line, North 00°37'50" East 50.90 feet to a point of intersection with the northerly right-of- way line of West Fairview Avenue, said point being the POINT OF BEGINNING; thence along said northerly right -of --way line North 56°58'S0" West 18.56 feet; thence leaving said northerly right -of --way line South 89°35'24" East 217.51 feet; thence South 84054'44" East i 22.b2 feet to a point of intersection with the said northerly right -of --way line; thence along said northerly right -of --way North 89°35'24" West 324.09 feet to the POINT OF 13EGINNiNG. Said strip of land contains 2,70$ square feet or 0.06 acres more or less. 405 S, 8tit Street, Sie. 295 • Bofse, ID 83702 •Phone (208) 342-Ot741 •Fax (2013) 342-0092 'Internet: quadrant®micron.net CNA Engineering • Swveyfng • Construction Management Project Name: Fairview Avenuell=agle F2oad Improvements Project No.: 36138 RNV Parcel No: 1 TownshiplRangelSeclion: S 4_ T.3N. R.1 E. BM EXHIBIT "B" Exceptions to Title Commitment No. FA-140824 1. General and Special Taxes for the year 2001. 2. Covenants, conditions, restrictions and easements contained in the Deed to the State of Idaho. Instrument No. 380667 July 28, 1955. 3. Covenants, conditions, restrictions and easements contained in the Deed to the State of Idaho. Instrument No. 95035388 May 25, 1995. End of Exceptions to Title Commitment. �Xct�I6W READ AND APPROVED*JZ& a 0 4 ionwConvany PIONEER TITLE COMPANY OP ADA COUNTY 82l West State Street / Haise, Idaho 83702-583fi !Telephone (7A8) 336 6700 1�52 � � WARRANTY DEED For Value Received W ALTER H. KLEINER, a married man as his sole and separate property and EUGENE M. KLEINER, a single person hereinafter referred to as Grantor, does hereby grant, bargain, sell, and convey unto JOINT SCHOOL D[SfRICT N0.2, an Idaho wrporation hereinafter referred to as Grantee, whose current address is 911 N. MERIDIAN ROAD, MERIDIAN, ID 83642 the following described premises, to -wit: SEE EXHIBIT "A" ATTACHED TAX PARCEL S1105449002 To HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee, his heirs and assigns forever. And the said Grantor does hereby covenant to and with the said Grantee, that Grantor is the owner in fee simple of said premises: that said premises are free from all encumbraam except current years taxes, levies, and assessments, and except U.S. Patent reservations, restrictions, easements of record, and easements visible upon the premises, and that Grantor will warrant and defend the same from all claims whatsoever. 00 Dated: December . . 1999. H. •• a 19990E 23 PN 2[ 36 RECORDED -REQUEST aF F ridi FEE �� DEPUTY 99 On This ��. day of December, lu the year 1999, before me, a Notary Public in and for said State, personally appeared a,/� C /' Ei /!�K known or identified to mte [o be the persons) whose name(s) is subscribed tote within lnstrum�ent, and acknowledged to me that he executed the sarne, �� �Ir•�r'. iv.'AL ,� Notary Public of -Ed aI_ a CA % , 9 4 ' � VLOTAvAj Residing atla�j C7 y# — �'t Commission expires: +i • ACICNDWLEDGMENT - Indiridual STATE OF t/`' tk sue- On this All day of County of ��� , ss. in the year of ia�� ,before me notary public personally appeared � subscribed known or identified to me to the person whose name to the within instrument, and acknowledged to me that ._ate_ ex g``�wtt, it Notary Public: i Rest �` ♦ �� iding at: S� MEW MEN me8 �0..-s-- s My Commission Expires: saw I Me ON �rat�o ,�ja FILE NO.: P185317 EXHIBIT A A PARCEL OF LAND SITUATED IN 7HE NORTHEAST ONE-FOURTH OF 7HE SOUTHEAST ONE-FOURTH OF SECTION 61 TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT AN IRON PIN MONUMENTING THE NORTHWEST CORNER OF SAID NORTHEAST ONE-FOURTH OF THE SOUTHEAST ONE-FOURTH OF SECTION 51 FROM WHICH A BRASS CAP MONUMENTING THE NORTHEAST CORNER OF SAID NORTHEAST ONE-FOURTH OF THE SOUTHEAST ONE-FOURTH OF SECTION 5 BEARS SOUTH 89 DEGREES 40' 37" EAST, 1324057 FEET; THENCE ALONG THE NORTHERLY BOUNDARY OF SAID NORTHEAST ONE-FOURTH OF THE SOUTHEAST ONE-FOURTH OF SECTION 51 SOUTH 89 DEGREES 40' 37" EAST 159.86 FEET; THENCE LEAVING SAID NORTHERLY BOUNDARY SOUTH 00 DEGREE 15' 07" WEST, 289.88 FEET TO A POINT OF CURVATURE; THENCE SOUTHWESTERLY ALONG THE ARC OF A CURVE TO THE RIGHT 109.96 FEET, SAID CURVE HAVING A RADIUS OF 70.00 FEET, A CENTRAL ANGLE OF 90 DEGREES 00, 006, AND A CHORD BEARING SOUTH 45 DEGREES 15' 07% WEST, 98.99 FEET; THENCE NORTH 89 DEGREES 44' 53" WEST, 91.56 FEET TO THE WESTERLY BOUNDARY OF SAID NORTHEAST ONE-FOURTH OF THE SOUTHEAST ONE-FOURTH OF SECTION 5; THENCE ALONG SAID WESTERLY BOUNDARY NORTH 00 DEGREE 31' 17" EAST 360.08 FEET TO THE POINT OF BEGINNING END OF LEGAL. DESCRIPTION r-1a973a-a$�>ia A PiorKa comwm PIONEER TITLE COMPANY OA ADA COUNTY 821 West State Street ! Boise. Idaho 83702-3836 / Telepkone (208) 336-6700 WARRANTY DEED For Value Received WALTER H, KLEINER, a married man ea his sole and separate estate, and EUGENE M. KLEINER, an utttnarrled person hereinafter referred to as Grantor, does hereby great, bazgain, sell, and caavey unlo IO1NT SCHOOL DISTRICT N0.2, hereinafter referred to as Grantee, whose current address is 911 N. MERIDIAN ROAD, MERIDIAN, 1D 83642 the following described premises, to -wit: SEE ATTACHED EXHIBIT "A", Official Records of AlIA County, Idaho. A portion of taz parcel Ho. 511054491H12 To HAVE AND TG HOLD the said premises, with their appurtenances unto the said Grantee, his 6cirs and assigns forever. And the said Grantor does hereby covenant to and with the said Grantee, that Granlor is the owner in fee simple of said prenuses; that said premises are free from all encumbrances except current years taxes, levies, sad assessments, and except U.S. Patent reservations, restrictions, easements of record, and easements visible upon the premises, and that Grantor will warrant and defend the same from all claims whatsoever. Dated: Q r � i,l'� WALTER H. KLES ER ' Pb�EE� ri7� �� �EUGENE M. KL INEA RECORDED-REQUESi"OF aDA COUNTY RECORDER �� �. OAVIO NAVARRO /� aaisE.loaHo FEES22_DEPUIY sTATE oP Ct/o-d%z«�j� ) 200D HY -2 Pti 4� � � 10 0 0 3 3 4 7 4 aa. COUNTY OP ��_ ) On This S� raj day of April, �r�,�Xfar 2Q00, lieforo tre, a Notary Public is and for said State, personally appeared Walter H, KleineP�'�gw6 (arjf fled to the to be the persoa(s) whose names) Ls subscribed to the within lristruraeat, end ac�i,�A�ty,• w�executed the same• �07Agy s � / 4A Jl,,,r * ° `�' ' * - Notary Publ c of g / Nj,•'•.7 pUBL1G ry,: C Residing at ,��h .,r�lr , olt �iJ >�9�:?9i� 15, 7P°�� Commission expires: 'y, i.r'• oai FILE NO.: P1B9738 EXHIBIT A 3 NORTHP RANGE 1 EAST,SBOISEEMERI IAN,SADAHCOUNTY,4IDAHO�CBEONGSNOREWNSHIP PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT T11E NORTHEAST CORNER OF SAID SOUTHEAST 1J4 OF SECTION 5; THENCE ALONG THE NORTHERLY BOUNDARY OF THE SAID SOUTHEAST 1/4 OF SECTION 5, NORTH 69 DEGREES 40'37' WEST 70.00 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY OF STATE HIGHWAY NUM6ER 55, (FACIE ROAD), BEING THE REAL POINT OF BEGINNING; THENCE LEAVING SAID NORTHERLY BOUNDARY AND ALONG SAID WESTERLY RIGHT-OF-WAY, 50UTH 00 DEGREES 34'43' WEST 45.00 FEET; THENCE LEAVING SAID WESTERLY RIGHT•OF-WAY AND ALONG A LINE PARALLEL Tp AND 45.00 FEET SOUTHERLY OF SAID NORTHERLY BOUNDARY OF THE 50UTHEAST 1/4 OF SECTION 5, NORTH 89 DEGREES 40'37' WEST 356.73 FEET; THENCE NORTH 20 DEGREES 10'05' WEST 48.04 FEET TO SAID NORTHERLY BOUNDARY OF THE SOUTHEAST 1/4 OF SECTION 5; THENCE ALONG SAID NORTHERLY BOUNDARY OF THE SOUTHEAST 1/4 OF SECTION 5, SOUTH 89 DEGREES 40'37" EAST 373.75 FEET TO THE POINT OF BEGINNING. END OF LEGAL DESCRIPTION �" ' Recording Requested By And When Recorded Mail To: Stephen L. Pruss Ahrens & DeAngeli, �.l.l.c. P.O. Box 6561 '. Boise, Idaho 83707-6561 __ ADA COUNTY RECORDER _ rAViD�NAUARRO AMOUNTf 12,00 4 S01SE IDAHO 04108101 04,31 PM l DEPUTY Vicki Allen IIIIII�`I��II�III�II�II.�I��;II�III��I` RECORDED-RE4UEST OF 1�704�4�5 First American � . GIFT DEED THIS. INSTRUhAE:NT FILED FOR RECORD BY FIRST �AMERICAN TITLE COMPANY AS AN ACCOMMODATION ONLY. IT HAS^NOT BEEN EXAMINED AS TO ITS EXECUTfON �OR AS TO ITS , AFFECTS UPON THETITLE. -This instrument is made this S'�I^ day of April, 2007,, between EUGENE M. KLEINER; Donor, and EUGENE M. KLEINER AND MICHAEL E. HUTER, CO -TRUSTEES OF THE J'ULIUS M. KLEINER MEMORIAL PARK TRUST, U/T/A dated April.5 �, 2007, Donee, whose address is 217 W. Georgia Ave., Suite 100, Nampa, ID 83686. W I �T N E S S E T H: The Donor desires to make a gift to the Donee and does, therefore, hereby give, transfer and convey unto the Donee all right, titled and interest which the Donor now has or may hereafter acquire in .the following described real property, situated in Ada County, State of Idaho,, more particularly described as follows, to wit: An undivided one-half (1/2) interest in the. following described real property, to iait:� The Southwest quarter and the West half of the Southwest quarter of the Southeast quarter in Section 4, and the East half of the Southeast quarter in .Section 5, all in Township 3 North, Range 1 East of the Boise Meridian, Ada County, Idaho. EXCEPT THEREFROM that property 'deeded to State of Idaho in Warranty Deed recorded July 28, 1955, as Instrument No. 380667, Ada County Records. GIFT DEED-1 1 ALSO EXCEPT THEREFROM those properties deeded to State of Idaho, Idaho Transportation Department by and through the Idaho Transportation Board, recorded May 25, 1995, as Instrument Nos. 95035387 and 95035388, Ada County Records. ALSO EXCEPT THEREFROM those properties deeded to Ada County Highway District in Warranty Deeds recorded September 21, 2001, as Instrument Nos. 101097066 and 101097068, Ada County Records: ALSO EXCEPT THEREFROM a parcel of land situated in the Northeast quarter of the Southeast quarter of Section 5, Township 3 North, Range 1 East,, Boise Meridian, Ada County, Idaho, began. more particularly described as follows. Beginning at an iron pin monumenting the Northwest cornermof said Northeast.quarter of the Southeast quarter of Section S. from which a brass cap monumenting the Northeast corner of said Northeast quarter of the Southeast quarter of Section 5 bears South 89°'40" 37" East 1,324.57 feet; thence along the Northerly boundary of said Northeast quarter of the Southeast quarter of Section 5 South 89°40'37" East 159.86 feet; thence ]_eaving said northerly boundary South 00°15107" West 289.88 feet to a point of curvature; thence Southwesterly along the arc of a curve to the right 109.96 feet, said curve having a radius of 70.00 feet, a central angle of 90000'00", and a chord bearing South 45°15`07" West 98.99 feet; thence North 89°9'4'53" West 91.56 feet to the Westerly boundary ofsaid Northeast quarter GIFT DEED-2 of the Southeast quarter of Section 5; thence along said Westerly boundary North 00°31'17" East 360.08_feet to the Point of Beginning. ALSO EXCEPT - THEREFROM a parcel of land situated in the Southeast quarter of Section 5, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, being. more particularly described as follows. Commencing at the Northeast Southeast quarter of Section the Northerly boundary of the quarter_of Section 5 corner .of said 5; thence along said Southeast North 89°40'37" West 70.00 feet to a point on the Westerly right of - way of State Highway Number 55 (Eagle Road), being the Real Point of Beginning; thence leaving said Northerly boundary and along said Westerly right of way South 00°34'43" West 45. leaving said Westerly right a line parallel to and 45. of said Northerly boundary quarter of Section 5, 00 ftthence ee; of way and along 00 feet Southerly of the Southeast North 89°90'37" West 356.73 feet; thence North 20°10'05" West 48.04 feet to said Northerly boundary of the Southeast quarter of Section 5; thence along said Northerly boundary of the Southeast quarter of Section 5 South 89°40'37" East 373.75 feet to the Real Point of Beginning. TOGETHER WITH all improvements, easements, hereditaments, and appurtenances thereto, and all tenements, revisions, remainders, rights -of -way and water rights in anywise GIFT DEED-3 i EIry j_ � appertaining to the property herein described. SUBJECT TO taxes and assessments for the year 2007 and al.l subsequent .years, and to such rights, easements, liens, encumbrances, covenants, rights-o�--way, reservations, restrictions, and zoning regulations as appear of record or based upon the premises, and to any state of facts an accurate survey or inspection of the premises would show. IN WITNESS WHEREOF, the Donor has executed this instrument the day and year above written. � �� ..� M. IC ein`�� STATE OF WASHINGTON ) ss_ COUNTY OF KING � I certify that I know or have .satisfactory evidence that Eugene M. Kleiner.is the person who appeared before me, and said, person acknowledged that he signed this instrument and acknowledged it to be his free and voluntary act for the purposes mentioned in the instrument. Dated: April �, 2007 • (Sign ure) ( SEAL �•�0 . P-. N tart' Public - -� � � � � •� M appointment expires : � ����� J �..��._ti_ .._�.,_ J1aT9.U�, vYc.u� w �yivir•.� ,. � AL�XIS Y. AiK(N5 . tviy Appointment Expires.iun�: 26p7 _` ,, „?• �;.�.,�;� r.. _ .. GIFT DEED-4 RADIUS NOTICE REPORT 28 plug-2007 Owners ASPIAZU MARTIN L Property Address: Property Address: Property Address: BERG MARY A REVOCABLE TRUST BERG MARY A TRUSTEE Property Address: BETTENCOURT RICHARD BETTENCOURT DIANE M Property Address: BOLLINGER LELAND E BOLLINGER PHYLLIS L Property Address: BRODT JASON BRODT MELISSA Property Address: BRYSON BART L Property Address: BUCHANAN ELDON E BUCHANAN ELDA M Property Address: FILE NAME: Meridian Owner Address 4285 VENTURE PL MERIDIAN, ID 83646-5827 Meridian 2750 E BERNICE DR MERIDIAN, ID 836464060 Meridian 1034 N JUSTIN PL MERIDIAN, ID 83646-5716 Meridian 2294 N CHANDRA WAY MERIDIAN, ID 836464062 Meridian 2130 N MARNITA PL MERIDIAN, ID 83646-7306 Meridian 4155 E MEADOW WOOD DR MERIDIAN, ID 83646-5840 Meridian 2915 N DEVLIN AVE MERIDIAN, ID 83646-0000 Meridian 2600 N EAGLE RD MERIDIAN, ID 83646-7302 Meridian 4080 E GREENMEADOW DR MERIDIAN, ID 83646-5812 Meridian 1 Owners Owner Address C & Y ASSOCIATES LLC 4425 W DESERT HOLLOW DR GLENDALE, AZ 85310-0000 Property Address: Meridian CAPITAL CHRISTIAN CENTER INC 2760 E FAIRVIEW AVE MERIDIAN, ID 83642-0000 Property Address: Meridian CHESNUT TERRY 2225 N JOSIE WAY CHESNUT SHIRLEY MERIDIAN, ID 83646-8069 Property Address: Meridian CLOVERDALE PARK INC 1200 N CLOVERDALE RD BOISE, ID 837134805 Property Address: Meridian CRAFT JONI D 2181 N JOSIE WAY MERIDIAN, ID 83646-8069 Property Address: Meridian DBS ENTERPRISES LLC 291 W CAVE BEAR CT MERIDIAN, ID 83642-0000 Property Address: Meridian DEVELOPERS DIVERSIFIED REALTY CORPO PO BOX 228042 BEACHWOOD, OH 44122-8042 Property Address: Meridian DIDERICKSEN KIP 4040 E MEADOW WOOD DR DIDERICKSEN SIEPHAINIIE MERIDIAN, ID 83646-5838 Property Address: Meridian DYKSTRA D SCOTT 4260 E VENTURE CIR DYKSTRA CHRISTINE A MERIDIAN, ID 83646-5828 Property Address: Meridian EARL REN 4302 E VENTURE CIR EARL JOANNA MERIDIAN, ID 83646-5828 Property Address: Meridian 2 Owners ECKHARDT JOY Property Address: EDDINGTON DAVID J EDDINGTON RUNE M Property Address: EDMONDS WIRT EDMONDS FRANCES D Property Address: FERRY MICHAEL K FERRY TRACEY L Property Address: FOLDEN RICK G FOLDEN FORTUNATA Property Address: FORTIN JOSEPH M Property Address: GERKEN HENRY F GERKEN HYOSOON Property Address: GS II MERIDIAN CROSSROADS LLC Property Address: GS II MERIDIAN CROSSROADS LLC Property Address: GS II MERIDIAN CROSSROADS LLC Property Address: Owner Address 38 RIDGE LOOP JEROME, ID 83338-0000 Meridian 4200 E MEADOW WOOD DR MERIDIAN, ID 83646-5820 Meridian 2297 N CHANDRA WAY MERIDIAN, ID 83646-8063 Meridian 2076 N MARNITA PL MERIDIAN, ID 83646-7306 Meridian 2098 N MARNITA PL MERIDIAN, ID 83646-7306 Meridian 2228 N JOSIE WAY MERIDIAN, ID 83646-8068 Meridian 4605 INDUSTRIAL DR NEW ]BERIA, LA 70560-0000 Meridian 3300 ENTERPRISE PKWY BEACHWOOD, OH 44122-0000 Meridian 3300 ENTERPRISE PKWY BEACHWOOD, OH 44122-0000 Meridian 3300 ENTERPRISE PKWY BEACHWOOD, OH 44122-0000 Meridian 3 Owners HAHN ERNEST J III HAHN D J Property Address: 1 "1 Property Address: HALLMARK EXECUTIVE SUITES LLC Property Address: HAMER KENNETH R HAMER KELLY J Property Address: Owner Address 1058 N JUSTIN PL MERIDIAN, ID 83646-5716 Meridian 4225 VENTURE MERIDIAN, ID 83642-0000 225 N 09TH ST STE 210 BOISE, ID 83702-0000 Meridian Meridian 2200 N CHANDRA PL MERIDIAN, -ID 83646-8065 Meridian HAMMER JASON CASEY2727 E BERNICE DR HANIlVIER MEGAN AUDRA MERIDIAN, ID 83646-0000 Property Address: Meridian HOLIMAN WILLIAM A 2261 N CHANDRA PL BERMENSOLO MARY K MERIDIAN, ID 83646-8065 Property Address: Meridian HOTCHKISS ROBERT W 4135 E MEADOW WOOD DR 40TCMSS NICOLE P MERIDIAN, ID 83646-5840 Property Adch•ess: Meridian HOTYKAY ARTHUR F 2160 N JOSIE WAY HOTYKAY GWEN M MERIDIAN, ID 83646-8068 Property Address: Meridian HUARD DONALD R 4240 MEADOW WOOD DR MERIDIAN, ID 83646-5820 Property Address: Meridian HUBBARD CAMILLE 2157 N JOSIE WAY MERIDIAN, ID 83646-8069 Property Address: Meridian �i � b Owners I•l 1� � • � �. Property Address: HULLINGER DON HULLINGER DEANN Property Address: JONES DYKE D JONES SUSAN E Property Address: KALTENECKER DOUGLAS T Property Address: Owner Address 4035 MEADOW WOOD DR MERIDIAN, ID 83646-5839 Meridian 2184 N JOSIE WAY MERIDIAN, ID 83646-8068 Meridian 2049 N MARNITA PL MERIDIAN, ID 83646-7306 Meridian 2041 N MARNITA PL MERIDIAN, ID 83646-7306 Meridian KELLER DAVID A 2318 N CHANDRA WAY KELLER JUDY A - MERIDIAN, ID 83646-8064 Property Address: Meridian KINGSTON WILLIAM V 2283 N CHANDRA WAY MERIDIAN, ID 83646-8063 Property Address: Meridian KLEINER WALTER HERMAN KLEINER ELIZABETH S Property Address: KLEINER WALTER HERMAN KLEINER ELIZABETH S Property Address: KLEINER WALTER HERMAN KLEINER ELIZABETH S Property Address: LINAFELTER SHARON E LINAFELTER MONTE J Property Address: PO BOX 4003 BELLEVUE, WA 98009-4003 Meridian PO BOX 4003 BELLEVLTE, WA 98009-4003 Meridian PO BOX 4003 BELLEVUE, WA 98009-4003 ►ITi�'R�C�7i 4080 E MEADOW WOOD DR MERIDIAN, ID 83646-5838 Meridian S Owners ONE STAR PROPERTIES LLC Property Address: LOONEY SCOTT C Property Address: Property Address: MAYNES STEVEN MAYNES MARSHA Property Address: MCEWEN TURNBULL LLC Property Address: MCNAMARA JOYCE A MCNAMARA DAVID L Property Address: MEDINA ISMAEL MEDINA SANDRA KAY Property Address: MERIDIAN JOINT SCHOOL DIST NO 2 Property Address: MERIDIAN JOINT SCHOOL DIST NO 2 Property Address: MERIDIAN JOINT SCHOOL DIST NO 2 Property Address: Owner Address 2957 E FAIRVM w AVE MERIDIAN, ID 83642-0000 Meridian 2250 N JOSIE WAY MERIDIAN, ID 83646-8068 Meridian 1920 N VENTURE ST MERIDIAN, ID 83646-5824 Meridian 2104 N JOSIE WAY MERIDIAN, ID 83646-7312 Meridian 2024 218TH PL NE SAMMAMISH, WA 98074=0000 Meridian 4115 E MEADOW WOOD DR MERIDIAN, ID 83646-5840 Meridian 4305 E VENTURE CIR MERIDIAN, ID 83646-5829 Meridian 1303 E CENTRAL DR MERIDIAN, ID 83642-0000 Meridian 1303 E CENTRAL DR MERIDIAN, ID 83642-0000 Meridian 1303 E CENTRAL DR MERIDIAN, ID 83642-0000 Meridian Owners MONVAND ENTERPRISES LLC Property Address: MORRIS RONALD E MORRIS KAREN R Property Address: MORTENSEN JERKY O MORTENSEN LORRAINE J Property Address: NJN LLC Property Address: OH MEE SOOK Property Address: OHANA PROPERTIES LP Property Address: PACKARD ACRES HOMEOWNERS ASSOCIAT Property Address: PACKARD ESTATES DEVELOPMENT LLC Property Address: PACKARD ESTATES DEVELOPMENT LLC Property Address: PACKARD ESTATES DEVELOPMENT LLC Property Address: Owner Address 875 W rtu NKLIN RD MERIDIAN, ID 83642=0000 Meridian 2080 N JOSIE WAY MERIDIAN, ID 83646-7312 Meridian 4045 E GREENMEADOW DR MERIDIAN, ID 83646-5813 Meridian 3100 N GLEN STUART LN EAGLE, ID 83616=0000 Meridian 13325 W ELMSPRING ST BOISE, ID 83713=0000 Meridian 3784 ROCK GARDEN LN BOISE, ID 83714-0000 Meridian 6223 DISCOVERY WAY STE 120 BOISE, ID 83713-0000 Meridian 6223 N DISCOVERY WAY 120 BOISE, ID 83713-0000 Meridian 6223 N DISCOVERY WAY 120 BOISE, ID 83713-0000 Meridian 6223 N DISCOVERY WAY 120 BOISE, ID 83713-0000 Meridian 7 y r� Owners Owner Address PACKARD ESTATES DEVELOPMENT LLC 6223 N DISCOVERY WAY 120 BOISE, ID 83713-0000 Property Address: Meridian PACKARD ESTATES DEVELOPMENT LLC 6223 N DISCOVERY WAY 120 BOISE, ID 83713-0000 Property Address: Meridian PACKARD ESTATES DEVELOPMENT LLC 6223 N DISCOVERY WAY 120 BOISE, ID 83713-0000 Property Address: Meridian PACKARD ESTATES DEVELOPMENT LLC 6223 N DISCOVERY WAY 120 BOISE, ID 83713-0000 Property Address: Meridian PACKARD ESTATES DEVELOPMENT LLC -6223 N DISCOVERY WAY 120 BOISE, ID 83713-0000 Property Address: Meridian PACKARD ESTATES DEVELOPMENT LLC 6223 N DISCOVERY WAY 120 BOISE, ID 83713-0000 Property Address: Meridian PACKARD ESTATES DEVELOPMENT LLC 6223 N DISCOVERY WAY 120 BOISE, ID 83713-0000 Property Address: Meridian PACKARD ESTATES DEVELOPMENT LLC 6223 N DISCOVERY WAY 120 BOISE, ID 83713-0000 Property Address: Meridian PACKARD ESTATES DEVELOPMENT LLC 6223 N DISCOVERY WAY 120 BOISE, ID 83713-0000 Property Address: Meridian PACKARD ESTATES DEVELOPMENT LLC 6223 N DISCOVERY WAY 120 BOISE, ID 83713-0000 Property Address: Meridian �'� Owners Owner Address PACKARD ESTATES DEVELOPMENT LLC 6223 N DISCOVERY WAY 120 BOISE, ID 83713-0000 Property Address: Meridian PACKARD ESTATES DEVELOPMENT LLC 6223 N DISCOVERY WAY 120 BOISE, ID 83713=0000 Property Address: Meridian PACKARD ESTATES DEVELOPMENT LLC 6223 N DISCOVERY WAY 120 BOISE, ID 83713-0000 Property Address: Meridian PACKARD ESTATES DEVELOPMENT LLC 6223 N DISCOVERY WAY 120 BOISE, ID83713-0000 Property Address: Meridian PACKARD ESTATES DEVELOPMENT LLC 6223 N DISCOVERY WAY 120 BOISE, ID 83713-0000 Property Address: Meridian PACKARD ESTATES DEVELOPMENT LLC 6223 N DISCOVERY WAY 120 BOISE, ID 83713=0000 Property Address: Meridian PACKARD ESTATES DEVELOPMENT LLC 6223 N DISCOVERY WAY 120 BOISE, ID 83713-0000 Property Address: Meridian PACKARD ESTATES DEVELOPMENT LLC 6223 N DISCOVERY WAY 120 BOISE, ID 83713-0000 Property Address: Meridian PACKARD ESTATES DEVELOPMENT LLC 6223 N DISCOVERY WAY 120 BOISE, ID 83713-0000 Property Address: Meridian PACKARD ESTATES DEVELOPMENT LLC 6223 N DISCOVERY WAY 120 BOISE, ID 83713-0000 Property Address: Meridian Owners Owner Address PACKARD ESTATES DEVELOPMENT LLC 6223 N DISCOVERY WAY 120 BOISE, ID 83713=0000 Property Address: Meridian PACKARD ESTATES DEVELOPMENT LLC 6223 N DISCOVERY WAY 120 BOISE, ID 83713-0000 Property Address: Meridian PACKARD ESTATES DEVELOPMENT LLC 6223 N DISCOVERY WAY 120 BOISE, ID 83713-0000 Property Address: Meridian PACKARD ESTATES DEVELOPMENT LLC 6223 N DISCOVERY WAY 120 BOISE, ID 83713-0000 Property Address: Meridian PACKARD ESTATES DEVELOPMENT LLC 6223 N DISCOVERY WAY 120 BOISE, ID 83713-0000 Property Address: Meridian PACKARD ESTATES DEVELOPMENT LLC 6223 N DISCOVERY WAY 120 BOISE, ID 83713-0000 Property Address: Meridian PACKARD ESTATES DEVELOPMENT LLC 6223 N DISCOVERY WAY 120 BOISE, ID 83713-0000 Property Address: Meridian PACKARD ESTATES DEVELOPMENT LLC 6223 N DISCOVERY WAY 120 BOISE, ID 83713-0000 Property Address: Meridian PACKARD ESTATES DEVELOPMENT LLC 6223 N DISCOVERY WAY 120 BOISE, ID 83713-0000 Property Address: Meridian PACKARD ESTATES DEVELOPMENT LLC 6223 N DISCOVERY WAY 120 BOISE, ID 83713-0000 Property Address: Meridian 10 r Owners Owner Address PACKARD ESTATES DEVELOPMENT LLC 6223 N DISCOVERY WAY 120 BOISE, ID 83713-0000 Property Address: Meridian PACKARD ESTATES DEVELOPMENT LLC 6223 N DISCOVERY WAY 120 BOISE, ID 83713=0000 Property Address: Meridian PACKARD ESTATES DEVELOPMENT LLC 6223 N DISCOVERY WAY 120 BOISE, ID 83713=0000 Property Address: Meridian PACKARD ESTATES DEVELOPMENT LLC 6223 N DISCOVERY WAY 120 BOISE, ID 83713=0000 Property Address: Meridian PACKARD ESTATES DEVELOPMENT LLC 6223 N DISCOVERY WAY 120 BOISE, ID 83713-0000 Property Address: Meridian PACKARD ESTATES DEVELOPMENT LLC 6223 N'DISCOVERY WAY 120 BOISE, ID 83713-0000 Property Address: Meridian PACKARD ESTATES DEVELOPMENT LLC 6223 N DISCOVERY WAY 120 BOISE, ID 83713-0000 Property Address: Meridian PACKARD ESTATES DEVELOPMENT LLC 6223 N DISCOVERY WAY 120 BOISE, ID 83713-0000 Property Address: Meridian PACKARD ESTATES DEVELOPMENT LLC 6223 N DISCOVERY WAY 120 BOISE, ID 83713-0000 Property Address: Meridian PACKARD ESTATES DEVELOPMENT LLC 6223 N DISCOVERY WAY 120 BOISE, ID 83713-0000 Property Address: Meridian I1 Owners Owner Address PACKARD ESTATES DEVELOPMENT LLC 6223 N DISCOVERY WAY 120 BOISE, ID 83713-0000 Property Address: Meridian PACKARD ESTATES DEVELOPMENT LLC 6223 N DISCOVERY WAY 120 BOISE, ID 83713-0000 Property Address: Meridian PACKARD ESTATES DEVELOPMENT LLC 6223 N DISCOVERY WAY 120 BOISE, ID 83713=0000 Property Address: Meridian PACKARD ESTATES DEVELOPMENT LLC 6223 N DISCOVERY WAY 120 BOISE, ID 83713-0000 Property Address: Meridian PACKARD ESTATES DEVELOPMENT LLC 6223 N DISCOVERY WAY 120 BOISE, ID 83713=0000 Property Address: Meridian PACKARD ESTATES DEVELOPMENT LLC 6223 N DISCOVERY WAY 120 BOISE, ID 83713=0000 Property Address: Meridian PACKARD HOMEOWNERS ASSOCIATION INC 6223 N DISCOVERY WAY # 120 BOISE, ID 83713-0000 Property Address: Meridian PALA AND OF MISSION INDIANS 1920 FELICE DR ESCONDIDO, CA 92026-0000 Property Address: Meridian PALA AND OF MISSION 1NDIANS 1920 FELICE DR ESCONDIDO, CA 92026-0000 Property Address: Meridian PARSONS LYLE J PO BOX 688 PARSONS TAMARA ANN MERIDIAN, ID 83680-0688 Property Address: Meridian 12 Owners PIVA FAMILY REVOCABLE TRUST PIVA GARY R TRUSTEE . 1. Property Address: Property Address: PRAK SOVANDY N Property Address: RAMI LLC MBJR LLC ' 1 ►tl: Property Address: Property Address: RANIERI MICHAEL E RANIERI LISA M Property Address: REDFEATHER ESTATES SUB HOA INC Property Address: REDFEATHER ESTATES SUB HOA INC Property Address: REDFEATHER ESTATES SUB HOA INC Property Address: REHBERG JAMES S & REHBERG JO ANN N Property Address: Owner Address 4110E GREENMEADOW DR MERIDIAN, ID 83646-5812 Meridian 4305 MEADOW WOOD DR MERIDIAN, ID 83646-5821 Meridian 4230 E VENTURE PL MERIDIAN, ID 83646-5826 Meridian 11650 S STATE ST STE 300 DRAPER, UT 84020-0000 Meridian 11650 S STATE ST STE 300 DRAPER, UT 84020-0000 Meridian 2134 N JOSIE WAY MERIDIAN, ID 83646-7312 Meridian 6223 N DISCOVERY WAY STE 100 BOISE, ID 83703-0000 Meridian 6223 N DISCOVERY WAY STE 100 BOISE, ID 83703-0000 Meridian 6223 N DISCOVERY WAY STE 100 BOISE, ID 83703-0000 Meridian 4075 MEADOW WOOD DR MERIDIAN, ID 83646-5839 Meridian 13 Owners �A ••�1 01 Nei ' Property Address: S & T PROPERTIES LLC Property Address: SESSIONS DUANE A Property Address: SETZLER YARBROUGH CAROL Property Address: SGI LLC Property Address: SHOHET GARRY SHOHET KRISTI Property Address: SKINNER CAROLYN Property Address: STOUT JAMES R STOUT KRISTIE M Property Address: THOMPSON HAROLD W THOMPSON THELMA F Property Address: THOMPSON SEAN S THOMPSON MARY JANE Property Address: Owner Address 2286 N CHANDRA WAY MERIDIAN, ID 83646-8062 Meridian 1458 S EAGLE FLIGHT WAY BOISE, ID 83709-0000 Meridian 2703 E BERNICE DR MERIDIAN, ID 83646-8061 Meridian 4235 MEADOW WOOD DR MERIDIAN, ID 83646-5821 4631 BERKSHIltE DR BOISE, ID 83704-0000 9520 FAIRVIEW AVE BOISE, ID 83704-0000 Meridian Meridian Meridian 2042 N MARNITA PL MERIDIAN, ID 83646-7306 Meridian 2298 N JUSTIN WAY MERIDIAN, ID 83646-8070 Meridian 2330 N CHANDRA WAY MERIDIAN, ID 83646-8064 Meridian 4292 E VENTURE PL MERIDIAN, ID 83646-0000 Meridian 14 Owners Owner Address THUESON GREG B 4263 N NYSTROM WAY THUESON SHERI K BOISE, ID 83713=0000 Property Address: Meridian TRII'LE 7 LLC 800 COLDWATER CREEK CIR NICEVILLE, FL 32578-0000 Property Address: Meridian URWIN SHAIN 2484 N STOKESBERRY PL URWIN RHONDA MERIDIAN, ID 83646-5035 Property Address: Meridian WADDELL CHARLES K 2728 E BERNICE DR WADDELL GINA MERIDIAN, ID 83646-8060 Property Address: Meridian WALKER CHARLES DEWEY & EVELYN ARL 4125 E GREENMEADOW DR SEVENTH -DAY ADVENTISTS TRUSTEE MERIDIAN, ID 83646-5813 Property Address: Meridian WALKER JACALYN 4040.E GREENMEADOW DR WALKER BRENT MERIDIAN, ID 83646-5812 Property Address: Meridian WAL-MART REAL ESTATE BUSINESS TRUST MS 0555 BENTONVILLE, AR 72712-8050 Property Address: Meridian WAL-MART REAL ESTATE BUSINESS TRUST MS O555 BENTONVILLE, AR 72712-8050 Property Address: Meridian WILSON DENNIS 2048 N MARNITA PL WILSON DEANNA MERIDIAN, ID 83646-7306 Property Address: Meridian WYLIE JAMES R IV 1676 N CLARENDON WAY WYLIE MARCELYN L EAGLE, ID 83616-0000 Property Address: Meridian 15 y Owners Owner Address WYNDHAM DEVELOPMENT LLC Property Address: Property Address: 5885 S HORSESHOE PL BOISE, ID 8371&0000 5885 S HORSESHOE PL BOISE, ID 83716=0000 Meridian Meridian 16 Z1'9£8 QI 'u°IplaaW ��� :10 All