HomeMy WebLinkAbout1996 07-23WILLIAM G. BERG, JR., City Clerk
JANICE L. GASS, City Treasurer
GARY D. SMITH, P.E., Clty Engineer
BRUCE D. STUART, Water Wodcs Supt.
JOHN T. SHAWCR~FT, Waste Water Supt.
DENNiS J. SUMMERS, Parks Supt.
5HAR1 L. STILES, P & Z Administrator
PATTY A. WOLFKIEL, DMV Supervisor
KENNETH W. BOWERS, Fire Chief
W.L. uBILL" GORDON, Police Chief
WAYNE G. CRQOKST4N, JR., Attorney
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H'UB OF ?"REASURE VALLEY ~~
~ I AMBERS
A Good Pace to Lzve WALT W. MORROW, President
RONALD R. TQLSMA
CHARLES M. R4UNTREE
GLENN R. BENTLEY
33 EAST IDAHO
MERIDIAN, IDAHO 83642
Phone (248} $$$-4433 ~ FAX (208} 887-4813
Public WorkslBuilding Department (248} $$7-2211
JIM JOHNSQN, Chairman
TIM HEPPER
Motor Ve~iclelDrivers License (208} 88$-4443 JIM SHEARER
GREG QSLUND
ROBERT D. C~RRIE MALCOLM MACCOY
Mayor
NOTICE OF SPECIAL MEETING
NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold
a Special Meeting at City Hail, 33 East Idaho, Meridian, Idaho, on Tuesday, July ~3, ~99~
at x:00 P.M. The Meridian City Council Will be discussing acceptance of the deed far the
remaining land for the gaff course e~cpansion.
The public is Welcome to attend.
DATED this ~ 9th day of Juiy, ~ 996.
~, ~ .. ~~
IIVILLIAM ~. BERG, JR. I CLERK
;..
,i
MERIDIAN CITY COUNCIL JULY 23 1996
The special meeting of the Meridian City Council was called to order by Mayor Robert D.
Corrie at 6:00 P.M.:
MEMBERS PRESENT: Wait Morrow, Charlie Rountree, Ran Talsma:
MEMBERS ABSENT: Glenn Bentley:
ETHERS PRESENT: Uvayne Crookston, Will Berg, Brad Watson, JaAnn Butler, David
Turnbull, gene Smith:
Corrie: I will open the special meeting to discuss the acceptance of the deed for the
remaining land of the golf course expansion. Counselor?
Crookston: I think that we have everything basically worked out, I just had some comments
that I just made to Joann Butler that she indicated that she would make they are in
reference to in paragraph two in the second line it reads after the execution and delivery
of the deed of gift and this agreement that should be a period after that. And this language
hereof the closing that a date and time mutually agreed to by the parties would be stricken.
In the fourth line where it reads take place at the office of the City Attorney it would be
added or Meridian City Hall, She does have a description of the property on exhibit A to
be added. The deed itself is fine and we need to have the golf course plan submitted as
exhibit C to the agreement. lam sorry then in the after the recitals where it says now
therefore, the above recitals it states that in the third line it says which are incorporated
below they are not incorporated below. What I suggested we change that to state which
are hereby incorporated herein. Just so the recitals are incorporated into the document.
Are those items acceptable Ms. Butler?
Butler: Joann Butler, representing Boise Research Center, those changes are just fine
and acceptable and I will ask the Council if I had thought this would be the way we would
handle this I would make those changes to the document. We do have a legal description,
we just want the engineer to check that legal which is attached to your title commitment,
attach a copy of the golf course plan and then circulate it for signature at our side and then
over to the City. I would suspect that we could get this over to the City tomorrow then the
day afiter.
Crookston: It was my understanding that the deed would be delivered tonight.
Butler: If you want to make these changes to the document and initial then rather than
have them done through just word processing we can certainly do that so we can do it
concurrently.
Crookston: That would be up to the Council.
Meridian City Council
Special Meeting
July 23, ~ 996
Page 2
f
Butler: I don't think we will have for you tonight though a final checked copy of the legal
description, or a copy of the plan that we can attach which needs to be reduced.
Morrow: Is that checked by your engineer or ours?
Butler: It would have to be checked by both I would say for both's comfort.
Morrow: vllhen I last talked to Gary Smith he indicated to me that he had reviewed this
legal description some months ago and it was fine at that point in time. And that it is my
understanding that in terms of the legal description we are okay with that unless there has
been some sort of change.
Butler: Not to my knowledge Councilman Morrow, there hasn't, it has been the first time
have seen it and so that was the only reason and I did not knew that your engineer may
have checked it in the past. Mr. Mayor and Councilmen, we have a copy of the legal
description that we know is accurate that was faked to the title company, the title company
did re-type it and we are dust going to check that to make sure it is correct.
Morrow: I was going to say as I was talking to Vllayne and trying tv recall my conversation
with Gary a couple of days ago it seems that he indicated to me that he had done that
some time in March ar April, does that ring a bell with you David and that it was fine then
and then he also made a comment I believe that he had gone through the title ar maybe
it was Jahn Fitzgerald that talked about it going through the title policy check and that
there was no problem with the title company with the deed.
Crookston: That is my understanding.
(Inaudible)
Marrow: Did he not follow up with a letter to you concerning some ether documents and
that deed also within the last 3 or 4 days?
(Inaudible)
Morrow: There was supposed to have been a fax concerning that I think also part of that
discussion and I am really stretching here but it seems to me like Gary said he would write
another letter that the deed was okay or something.
(Inaudible)
Meridian City Council
Special Meeting
July ~3, ~ 996
Page 3
Crookston: I would like to ask Brad Watson a question, da you know anything about the
legal description Brad?
Watson: The extent of what I know about the legal is in the file Gary has a hand written
memo that says he checked at least a portion of the legal description and 1 can ga get that
right now.
Crookston: I think it would be best to do that.
Morrow: Bob, is Gary planning on being here for tonight's meeting?
Corrie: I don't know. There he is, that answer's our question.
Morrow: I am trying to put words in your mouth in terms of the deed, did you not tell me
that you had reviewed the legal description on the deed.
Smith: i did not review the legal description on the deed, !reviewed the legal descriptions
that were given to me I think they had a January 1, ~ 995 date or some such thing and
reviewed them in June of ~ 995 for Mayor then and they were, the descriptions prepared
by Hubble Engineering coincided with the plat prepared by Hubble Engineering. I have not
reviewed the deed, I have not seen the deed.
Morrow: I understand that, the deed was a misstatement an my part, I meant the legal
descriptions.
Smith: Is there anything else that you need to ask me?
Morrow: No that was it, I was trying to recall our conversation. (Inaudible)
Butler: Mr. Mayor and Council members Joann Butler again, Brad Watson has just made
a copy of the deed so that we have that, we da have the legal description. Practically I
would ask if there is a Notary in the audience sa that we can sign that and if so then we
can da that and also make those small changes to the agreement and initial off to the side.
Then with the idea that we would deliver a copy of exhibit C tomorrow once we have made
a copy.
Corrie: Do you have exhibit C or do we have exhibit C~
Butler: We have exhibit C but we just need to have it reduced in size so we can attach it.
Mr. Turnbull has suggested that we follow up with a clean copy of the agreement tomorrow
Meridian City Councii
Special Meeting
July 23,1996
Page 4
if you like.
Corrie: Wayne, now you have checked all of the verbiage here the changes, there have
been a few maybes that I caught here but I don't think that and the long term maintenance
and operation in reference to the agreement of lease dated October 3,1918 as may be
amended and the agreement of the lease as may be amended and agreement of lease as
may be amended I don't see anything wrong with that.
Crookston: The reason for that is I have a copy of an amendment agreement but it is not
signed and as I recall that resulted from a lawsuit by Leavitt New Pacific against the City
and that amendment to the lease pertains only to that the lessee for the golf course,
Cherry Lane Recreation Inc., is not a party to that amendment. That is how Ms. Butler felt
that because of that because I have a copy of the document but I don't knave that it is
signed, I believe it is but we felt that was the best way tv handle that document.
Carrie: As far as the other you have checked it?
Crookston: Yes, the only changes that I have to the document that I supplied to you are
shown an the document that I supplied to you and Ms. Butler has indicated that was
agreeable.
Morrow: Mr. Mayor, I would move that we accept the deed of gift for the property from
Boise Research Center, authorize the Mayor to sign and the City Clerk to attest bath the
deed of gift and the agreement between the City ofi Meridian and Boise Research Center.
Crookston: Mr. Mayar, I might add that I believe that I think it is appropriate to have this
resolution adapted on a roll call vote.
Corrie: Do I hear a second?
Rountree: Second
Corrie: Motion has been made by Mr. Morrow, second by Mr. Rountree to accept the deed
of gift as stated in the motion. Any further discussion? Rail call vote.
ROLL CALL VOTE: Morrow -Yea, Bentley -Absent, Rountree -Yea, Tolsma -Yea
MOTION CARRIED: All Yea
Corrie: I guess what we need now is the agreement?
Meridian City Council
Special Meeting
July 23, ~ 996
Page 5
Crookston: Yes
Morrow: Mr. Mayor, I would move that accept the agreement between the city of Meridian
and Boise Research Center and authorize the Mayor to sign and the Clerk to attest.
Rountree: Second
Crookston: That also needs to have a roll call vote.
Corrie: Motion made by Mr. Morrow, second by Mr. Rountree to accept the agreement
between the city of Meridian and the Boise Research Center lnc., any further discussion?
Roll cal! vote.
ROLL CALL VOTE: Marrow ~ Yea, Bentley -Absent, Rountree -Yea, Tolsma -Yea
MOTION CARRIED: All Yea
Crookston: l think it would be appropriate to have a statement as to when the cleaned
document will be signed and delivered to the City and the deed.
Butler: Thank you, Joann Butler again, we can deliver this to the City tomorrow.
Crookston: You are talking about both?
Butler: Both documents correct.
Morrow: So it is my understanding we are going to be signing the initial document then
tonight and notarizing and then having the cleaned delivered tomorrow?
Butler: Mr. Mayor and council members, we can, because of the motions made by the
Council tonight clearly we are going to have the agreements signed and we have no
qualms with sending that document aver to the city for signature tomorrow and we can da
the deed tonight because there are no changes being made. If we have a notary in the
house we can certainly do that.
Crookston:lNe have a notary but I don't have my seal.
Butler: Oh we are fine, sa if the Council has a break between its two meetings we can do
that.
Meridian City Council
Special Meeting
July ~3,199G
Page 6
Morrow: Mr. Mayor, I move we adjourn.
Rountree: Second
Corrie: Motion made and seconded we adjourn, any further discussion? All those in favor?
Opposed?
MOTION CARRIED: All Yea
MEETING ADJOURNEDAT~:2l P.M.
(TAPE ON FILE FOR THESE PROCEEDINGS)
APPROVED:
RT D. CORRIE, MAYOR
ATTEST:
UVELLIAM G. PERG, JR.,
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MERIDIAN CITY COUNCIL MEETING: / ~~~~~~
APPLICANT:. ~f/ a~~~ ~ 1 l~f e ~~~~ ~ C ~~ c ~G1
REQUEST:
~~~ 23, l 1 ~l~
AGENDA ITEM NUMBER:
~aui~t 7cr~.~ ~~e.-
AGENCY CCMME TS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY:
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHV~AY DISTRICT:
ADA CGUNTY STREET NAME COMMITTEE:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO PO1~1lER:
U51~E5T:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
r
MERIDIAN CITY COUNCIL MEETING; Jul ~ fi 199fi
APPLICANT: ITEM NUMBER; ~ 2
REQUEST: DEED FDR GOLF COURSE PROPERTY
AGENCY COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY:
CITY POLICE DEPT:
CITY FIRE DEPT: (n
CIN BUILDING DEPT: ~ ~~
MERIDIAN SCHOOL DISTRICT: i,~/~^~
~r-
MERIDIAN POST OFFICE: /~ ,
I/
ADA COUNTY HIGHWAY DISTRICT:
ADA COUNTY STREET NAME COMMITTEE:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION: ~
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
All Materials presented at public meetings shall become praper#y ofi the City of Meridian.
July zs, ~~96
Mr. Walt Morrow
City of Menidiaa
PC Box ?74
Meridian, ZD 83 b84
Via Facsunile: 88748 ~3
1tE: Ashford Gnoens - F.~xteasion of Road to N
ew Clubhouse Area
Dear Walt:
As we discussed, Bnightan Corporation bas re~iousl committed ~ .
P Y to former Mayor Kingsford to
complete the mad ex#ensiou to the new clubhouse area of the Ch Laae '
error Golf Course v~nda
coastruc4on of Ashford Cxreeas Ne, 2. Tlae cons~uction of Ashford Cme~as No
road half wa i~ an • 1 wdl t~alce the
y d the co~astrucctioa ofAshfn~ Gre~.~ No, 2 wiU com lets the extenst
p on.
It was originally our bops to have Ashford Gree~as No. ~ roved earlier •
app m the year so that the
construction could be completed this fall, but since the approval rocess took 8 mo '
. P nths, xt seems
un~ely at this point that we can a~ccomphsh that u~ess we can, ex '
ped~ted approve! of our
cAnstruct~on plans by the City Engu~,er. V~'e an~ctpate sub the construc~on ! '
Au W .. ~ p aus to
gust. a vv~U dtl~gently pursue con~structioa as soon as we have a royal to r
Meridian Cr and • . PP p oreed from
ty an~ctpate a completxan date of Spring 1997 if we are Qot able to com fete ' .
Fall. p ~t thzs
tau have my ro~mntitrnen~. By the same token, our Arshfoxd
greens No. l plat wl~uch was
3ppmved a year and a had ago is still held up for construc~on b
by Crary eGause of bps contention
x need to reach a~a t wtth Wally xa~vea. ,As I discussed an '
sfio d agreed wtth Mayor
g rd, and SubSe~uontly discussed with you, X should not be ui~ed to '
leSse~ Qf M ~ ~ 1l~$Qtaate With the
eridtauo City, x would appreciate the irr~mediate schedu " of a '
meetin for ~ p ctton
g Ashford Grreens No. I based on the fact that it was t~viaus '
Council in l P " ~' approved by the City
anuary 1995 and alSO~basQd oa my cotnnutment as autiruad above. We '
construc~on now in order to be v must beg~ua
pa ed before'~Vinter, x am sure you can appreciate the vi of
this request and Z appreciate our assistance ' B~ ~
Y m the matter.
Si~cer~y,
..~
David W, Tun~bull
DWTIhs
1z4Zd W. Explorer Driver Suite 22D • Boise, Idaho 8373
TES, 208 378-4Q04 FA~C 208-377-8962
JUL t6 '96 171,9 1083778962 PAGE.02
JGL.-16'961TI!EI I', Oi SPI\Iia.iTLER TEL'1?0~, .,81001 P. 001
S~'~I~ BIrTI~ER.
6Q7 N. Sth Stre~, Suite ~ 10
P'.t7. $a~ 639
Baise, Ydatto 83701
208/3 S$-1000
2Q$/3$8-lOtYl {fax)
F~.x hover Sheet
T~: x~~ ~~~~~~~id
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I~~vl~. fiurnb~~ ~~ ~~7-~~~~
FX~4M: JoAnn Butler
I~~TE~ J~Iy ~~, ~~~~
TAME: ~ : ~~ pm ~~.
FAQ ~.: ~~~-~~~
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~~lf ~~ur~~ ~~~.~trn~ta~n ~.nd ~~~~~~~. I b~.v~ ~~vl~~d ~~ ~~~u~~nt ~o ~.~~
i~ r~f~r~~~~~ ~.e ~~i~~ ~+~If ~~ur~~ i~a~~ ~ndl~r ~~~nt~u~~~ ~ ~~~~-.~nt.
J~~n, ~f you ~~Il ~e~ ~~ ~h~t d~~u.t, ~ w~.~ r~~.~w ~~ w~~ ~u. I~~v~
Turn6u~. will fay you ~~ ~~~~1 dptr~~ ~ t ~u ~~.~ ~~d~r ~~ ~~~~~
~~i~n~n~~ I~~~r~ ~ ~~~~ tie ~~ h~ ~ n~~ r~~~~rd~~. y~iu ~ ~in~~ ~~
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~1~~~~ n~t~ ~~~ I~~~~ Turnbull ~~~ ~t r~v~~~red th~~ d~~u~~~~ ~~ d~~~ ~t ~~~~
~~lIl ~11~~~~~ ~ ~11~ f~fl~~ ~~V~~~1. ~~~ ~~V~ ~Cl~ ~ ~~11 W~~ u~~t1~~i~
~~I~~I]~~Ilt~.
Tran~mi~~i~n i~ ~~ p~~~~~~~ ~u~~~ t~~ ~~v~r
h~e~, ~~~~ L~~a ~~ {~~~~ ~ $ ~- ~ ~~~
if ~,~ e~~tir~ tr~~mi~~~~ i~ n~~ r~~~iv~~.
hard ~~p~- wl~ ._ w~~I u~~ ~ f~ll~w.
~l~a~e I~~~i~~r I~m~di~.~~Iy
~~ i~f~r~m~~i~r~ ~~nt~i7a~d ~u ~.i~ tr~~i~~ian i~ ~~y ~rr~il~ ~~ ~~~ ~~~~ ~r~ ~~~~
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wh~~~ ~~ ~.~~nd~d ~niy fir ~~ u~~ ~f ~.e ~nd~v~d~ ~r ~~it~ ~~m~d ~b~v~. if v~u have rec~;ve~ th~~
JUL.-16'961TUE) li:0i SPINIi;' 9l~TLER TEL'12;°'681001 P. 002
A~ REF T
THIS AGREEMENT ~thi~ "AQreement~3 made and entered into this day ~ _ , ~ +~~~, ,
~~tw~~n the City of Meridian, a municipal corporation ~''~ity"}, ar its assigns, and ~o~e 1~es~arch Center lt~c.
an Idaho corporation ("BRC'~~. ~ '
1 L~;
A. g~~ awns hand in the tri~ir~ity of the existing ~i~y municipal golf cau~~, which is more
particularly d~~~rib~d ot~ F~hibit A, attached hereto ~and~m~de a part hereafr and is samet'rmes r~f~rred to
h~r~in as the ~Praperty".
~- City intends to improve the ~raperty with an addition ~th~ ~additian*~ to ~e ~xi~#in~ City
rr~ur~i~ipal golf course.
~. ~~~ desires to transfer the Proper to City ar~d pity desires to have ~~ Property trar,sf~rr~d~
subject t~ the t~rm~ and candition~ contained herein.
~. pity's Council h duly convened and re~ri~v~r~d this Agreement end determined th~tthe
Agr~cment and the trar~sf~r ~f the property on the terms ar~d conditiar~~ hereinafter set forkl~ serve the best
1 nterests of ~Ity.
E. pity's Council h~~ duly fixed a time far end held a public hearing upon Otis Agreement, ail
upon such notices and related procedures as re~uirad by the ~rdir~an~ of City and the I~ws of the Mate of
Idaho.
N~wr THEREF~f~, fir valuable cor~sicleratiar~, inciUding the tran~f~r of the ~'raperky, the receipt and
suffi~i~ncy of which is hereby anawledged and agr~~~1, the reeikals above, which are ina~r~arated below
~n ~ e mutual promises and a~reernent~ h~r~in contained, the parti hereto agree a~ f~llvws:
~. A~I~EFMEI~T ~F TRAI~~~ER. SRC agrees to trar,sf~r and convey and City agrees t4 hive
~ansferred and conveyed, subject to and upon each of the t~rrns and conditions h~rei~after set forth, the land
legally described in Exhibit A,
~. ~FF~+ The transfer of the Pr~p~rky sha11 occur ~n or before five ~~~ days after the
e~~cution hereof the ~CCasing"7 at a date and fiirne rnutuall~r agreed to by the partied. The Clasir~g shall take
place at the affi~~ of City's Attorney, The Property shall be transferred v~ith ~ did su~star~tiall similar to the
Y
deed of gift attached hereto a~ Exhibit ~ and rrrade ~ pert hereof the ~D~ed of Cift"~, P+asssian ofthe
F`rop~rky steal! k~e delivered to City at the Closing, general real es~te taxes shall be prorated ~ of the ~l~~in
date. Recording fe~~ shall Ise paid by City.
~. ~~LF ~CC~~~R~E ALAN. pity hay commenced and shall continue, ail at i#s sole cost aril
expenser ~rnrned~~tely following the Closing, the canstrU~kion of impravemen~ t4 the Property the ~Colf
Course lrnprovements"~ substantially in campliar~ce with the general scheme and layout far the Waif Course
Improvements as provided in the files of City ~ of the date hereof, and indicated b the sall~l urou
y
canstr~,ction" of the half C~ur~e lmpravemerit~ completed ~ of the date hereof the "coif CQUr~e plan"),
City has and steal I be the ger~~ra,i contractor in carin~~i~n with such Waif Course lmpr~vetri~nts for the
Addition.
City shall have the right to make any reasonable t'r~o~lifir„atians an~Uor ahang~ to the golf ~aurse
Plan which are nece~~ary to salve er~ginee~ng, layout ar~dlar design prahlem~ not reasanal~l for~eeab[e at
the time of exe~uti~n Qf this ~ regiment without ~~C a r v Y
~ pp ~ al, provided B ~~ shall be ~r~f~rmed of alI su~E~
changes and shai(be entitled t~ immediately advise pity of any car~aems ~<~C may have re ardin such
g g
changes. City shah not make any material changes to the golf Course Irr~proverr~ertts v~thc~ut written
e~`GCG-.~rt~iT i
JUL.-16'A61TUE1 1''08 SPINIi: ;UTLER TEL:1?( 8810D1 P.OO,i
aRpt~val of the gl~~. A "materiel change" fir the p~trp~e of this ate rah 3 sl~~l( be a r I
modification ~f a tee box f~irwa t R g P ~ ~cat~or~ ar
yr g ern ar water~pc. In ~e ~~cnt that pity desires t~ made a material
~_- char~g~ to the half ~~urse Impr~vernent, ~i~}r shall no~fy BRA of the rc uestec~ khan e a
~ ~ nd ~~~ shall
~pRrove ar di~~.~aprave ~~ith reasons ~pecified~ a~ ~o~n as reasonably possible and in ~r~ event wi
days after submtssiar~, In the event ~R~ tali ~ y thin four ~~}
~ to respan~ t~ the request within t#~e time period, the requ~~#~d
change s~iall be d~~rned appro~red.
~. ~N~- 1r~AI~T f~~'E A~ ~ E~AT~ N, Thy pity acl~riawled es tha
mair~t~nance and ~ gyration of the Addition i ~ # the
R n a fiat c[a~ manner is a material car+~iderat~at~ t~ ~~~.
F~Ilowir~gthe e~~c~rtion E7er~of, and the ~onstructior~ ~fthe golf ~~urse lrn r~Vernents ~'i
end ca.r out the ion -term mai R ~ ty shall cand~ct
~' ~ nter~ancc and operation of the Addition including, without limitation
land5ca~ir~g mainter~a,n~~, The maintenance and operation of the Adelitions shall re uir
that the pity a erat~ and cause h ~ . ~ ~, without lim itationr
R ~ e Addiraor~ to be used art accordance with the ~~~A Mules ~f Eti uette shall
prohibit uses of the Addition which are in~ansister~t wEth its use ~~ a golf ~ r R
p ~~ ~~, and shill be mafr~t~ined as
er Ll~~A ma~ntenar~~e and ap~t~tian st~r,d~rds, as ame~dod from time to time. Thy maim
~peratior~ of kh~ ~~If ~our~c Im rav~m ~ ananae and
R end is iriter~ded to insure the presetiQn of the natural appaara.nce
and ~~~uty of the Addition an~i wh ich will ir~~ure that the Addition is a valuable ~~~t a d
pity and ~I~C a~~nowled ~ tf~at the rr~un ici a r ~ n amen€tY to ~~ty.
~ p l doll ~aarse :~ lean, operated and maintained under that
certain name of dacnment~, dated , ar~d agree that if there is a conflict bet~v~~n the
term, car~ditiar~s end a~reern~n~ of this Agreement ar~d~e name of document
name of do~ament sh~ a~the
..-..~ ~, ill control.
~. DEFA~J BEM ~~EME~CE~ ~ ~~~~ATI~IE. In the avent of a default her
~.._ .... sunder, the
r~on~efaultir~g p~~Y sha.[l b~ entitled to ill ri~h~ ar~d r~n~dies available at law ~r in a ui
without lirnit~tions lama ~~ and a ui I ~ tY, includ~r~g,
~ ~ ~b e relief. Fah ri<~ht, p~w~r and rerr~ec~r provided for herein ar now
or her~~fter existing ire I~w, inequity, by statute ~r otherwise shall be cumulative and ~ancurre
in addition to every other ri ht awer of r nt end shall be
g , p cmedy prov~d~l for here:r, or naw at hereafter exi~tin~ at lair En
e~uityr, by statute or ~#h~rwise, ar~d the exerci~~ ~r be~ir~nir,g ~f the exer~i~c or the farb~~a ,
ranee of exercise b
any parley of any one or mart of such rlght~, powers ar remedies shill not reclud Y
exercise ~ such a P ~ the srmali~neous ar [tor
y p rty ~f any or all of such ath~t r;ghts, ~ower~ or remeelie,
~. ~~NEY~' E~~. In the e~rent ~f anycantrav~rsy, claim traction h~in filed ax in
betvve~n the parties t~ th[s ~grrnent to er~f~rce the ter ~ st~tuted
_ rr~s end conditions of this A~rcement ~r arisir~~ fr~rn
the breach of ar~y provisiar~ hereof, the pr~vailirt~ party urill be entitled to receive from the
cysts, darna es and ex er~s~s ; ~ a r other party all
~ R , flclud~nQ reasonable at#omeys fee, incurred by the prer~a~l~ng a. whether
., ~
~r not such controversy oar claim is Iiti ated or ra~~rte ,
g R Ito judgment. Thy preva~ljr~g party will b~ that party
who was awarded ~udgr~~nt as a r~~ult Qf trial or arbitrat~ar~,
~. UV-~. No represer~tatian, warranty, covenant, kerm a regiment or c ~ ,
breach hereof shall b~ dammed w ~ f r ~ ~nditlon of tha
~~ved exc~~t ~~ written ~~nsent of the pa~Y again~f wham the waiver i~
claimed, at~d arty waiver of khe breach ~f any repr~~~n~ior~, w~rran cav~nant tern
~onditior~ shall not bed ~ ~~ ~ ~ agreement pr
~~med to be a waiver of any other r~pr~5entatior~, warranty, ~~venantr term
agreern~nt ar cor~d,t~~n herein, Acceptan~~ by a party ~f any perfarr~ance ~ ar~~ther a
same shall have became dui shall riot Y R rtY after the t~m~ the
constitute a waive~by the first party of the breach ~r default ~f any
such repr~~cntatian, warranty, cotr~nant, term, agreement at ~ondrtion unless otherwi
by the first pa. in wr[tir~ , ~~ expressly agreed to
~ ~
~. ~! ~Eh~ . Tho parties agr~~ that this Agreement shal I be car~str~ed under h
the state of Cdaho, # e laws of
~. F ~i: ~v1Ai 1~E. Any pre~rention, del~r ~r stoppage due to strikes Iacl~ou
disputes, a~ of hod, ir~a~ili to obtain lab t ~ ts, labor
tY o ar materials ~r roasanahl~ substitute therefar~ ~avernm~nk~l
r~~rictions, governmental re~ulatiQns, ~avernrnental controls, erlem or hastily Quern ,
commotion fire or other casual and ath r Y ~ mend action, oivil
~~ ~ causes beyond ~~ reasonable control of the party obligated to
a
JUL. -16'96~TUE) 17:09 SPI~'k ,e BUTLER TEL 1?~°3881001 P.OOd
perform, shall ex~u~e the performance ~y ~ueh party fora cried ~ ual to an
step a e. P q y such prev~n#~en~ d~~ay er
R~
~~. ~~ [.iTY. If any #~rm ar pro~risi~n of this A reemet~t shall to an
~ y extent he deterrriir,ed
by ~ ceurt of o~m~etent aurisdictien t~ be invalid er r~nenfercea~le the rem i 1
be a~ecte~ thereb and ~ ~ ~ nder of this A~reem~nt shall net
y, each term end previsier~ ~f this Agr~~ment shill ~~ valid and be enf r
fullest extent perm i#t~d b law• end it i~ th ~ ~ ~ ~~able to the
Y ~ ~ intent~an of the parties h~reta that ~f any provi~i~n of tr,i~
~4greenlent ~~ capable of ~o censtru~tiens, one of which would render the revi - '
which would render the revi~i~n a s'~n v~~d ar~d the ether c~F
p valid, the pravisien shall have the mear~ir~g which rend~r,~ it valid.
11. YIR ~~M N . ~x~ePt far the ~th~r written a r ~ .
A~r~~rnent em~~di~ the en i g cements d~~or~bed 1~~rein, this
t r~ a~reem~r~t between ~~ parties h~r~ta and there shall b~ rye oral a r~~ments
existing h~tvv~en the parties relative to the suha~~t matter h~r~o~, Th' ~
~s Agreement ~~y only ~~ amended by
wr~tt~n deeument ~xeeuted by al! Qf the parties hereto.
~ ~. F ~ , It is und~r5toed by the parties herete that time is of th
this Agr~emenk. ~ essence eF
1~. A NA . ~~coept as,etherwise ravid~d herein ire ~dditie
recited herein and oent~m fated p r n t~ the acts ~~d deeds
p to be performed, executed ~ndler delivered by the parties, the artier her
agr~~ tQ perform, ~xeeute andl~r deliver ~r cause to b P Eby
~ perfarm~d, executed andler deliv~r~d any and ill
such further a~tsr deeds end as5uran~es as ar~y party herete rna reasor~ahl '
Y y require to ~~nsumn~a#~ the
trar~sa~#ians conternpl~ted hereunder and~er the warrar~ti, revenants terms a re ° .
~~ntained her~ir~. t ~ ~rnents ar~dl~r cendit~or~~
~~, ~i~ . The h~adin~s cent~ined in this ~greemer~t ire fer referer~~e u
shall net in ar,y,~~y meek the meanie er inter ref P rpe~~s only and
~ P ati~ri hereof.
~.~. ~ V ~~ SIN . Thy representations, warranties cevenan
a~reerrr~nt~ and cenditi~n5 c~r~tair~ed in this A r ~ t~, terms,
deliv g cement shall survive the ~xecutien of this A~reern~nt and the
pry and ree~r~~r1~ of the deed of ~~tt, and this A~r~~ment shall nit be mer ~d therein h
Inindin~ up~r~ and fer the ~rties herete g ~ ut shall r~rnain
p ~rnt~l fully ohs~rved, Dept ~r performed. This A~r~~ment shall be
~indin~ upon and in~,r~ fio the hen~>'it of the parties hereto all successer w
the l~r~ a an and al I as ' ~ Hers of reo~rd of all or any part e f
~ ~Y, Y sign, lessees tl~er~of and any ~u~cessar r~uni~ipal auth~ritie5 of i
su~~essar muni~Epalities for ~ eriQd F ~ ty and
P ~ ten ~1 ~Z years foam the d~t~ of compl~tien of oen~tructi~r~ ~f the Leif
~QUrse lrnpr~vemer~ts.
~ ~. T~ . Any r~~atiee or d~rn~nd frem ar i~ the arti~~ hereto shy I F
P I be persor~~lly delivered
~y ~~e~ial e~uri~r, ar rnaile~ by f~r~t cl~~s united ~tat~~ mail addr~~se~ to the
ether addr~~~ as a a h address set Firth bel+aw ~r such
p rtY Greta shall have last de~i~nated ey n~#ioe in wriCing to the ether pa as revile
herein. N~ti~e shall be deemed delivered ors the dart ~ p d
e actually received ar twe (~y days after ma;i'irtg,
whichever is first.
I E t~ ~ R~:
poise ke~ear~h tenter, inc.
~~~~~ W. explorer fir,, quite ~~~
Qei~e, Idaho ~~1~ ~
Attn, aavid Turnbull
~CA~~'M~NT - 3
JUL. -l6' 961TUE) I' 09 SPINI! 3 Bl'TLER TEL 1?OA.i881001 P. 00~
-~ _. _ _
(f ~~ pity:
pity ~f Meri~iar~ y
~~1 Meri~ian~t,
Meri~iari, (~ ~~~4~
Attn~ pity Attorney
~ ~. ! N, Ail ~parti~~ hereto have ~~en represent~~ key counsel in the oour~e ~f ~
neg~tiatians for and the preparatEor~ of this A reemet~x~ ~cc ~ ~
~ ar~~n~iy, ~n ali case, the I~n~ua~e of th~~
Agreement will ~~ construed ~imp~y, a~ccor~in~ tQ its fair. rnear~in~f end riot ~tri~l far or a ain~
y ~ t any park,
~~. ~(~ .This A~r~~ment shall be re~~r~e~ simultar~~~usly with the execution her f
~~ ,
1 ~. ~...! ,~~ ~ART~ ~ ..~i~C.~~ATE SRI ~,11~1A(,~, This ~t~reer~~nt ma be ex~~~ted in are
nurn~~r Q~ counterparts ~ri~ ~~ iicate Sri inais each of wh~ Y Y
p g r ~~h shall he de~me~ an ori~inai, but ail of wl~i~i~
~h~rid constitute one end the same in~trurnent.
1N 1~IT1~E,~~ ~HFRE~F, the parties h~v~ sit their han~~ the date and ~~r first above ~rri
same bin bane after u~lic hearin n ~ y (ten, the
~ ~ ~, ~t~ce and stat~t~ry re~uirement~ h~vin~ been fulfill~~,
~ity~
THE ~I~`Y ~F 1~E~11~lAN, ~
rnuni~ipal carporatiort
R ~ ~.
Its: Ma~~r
ACt~st;
Its: pity ~lerl~
~ R~:
poise ~esear~h tenter, lnc., an Naha carporati~n
~y.
Its;
l1GCEEhtENT. 4
~LIL~ ~ l ~' ~~ ~,TUE~ l ~ ; ~ ~1 SP ~ N~~ ~~- SUTLER ~ TEL ~ ~ ~ ~~~"~ 8 ~ ~~ ~ P, ~~~
f ~
~?ATE ~~ IpAH~ ~
~ ~s:
bounty ~f Ada ~
On this day ~€ , ~ ~~~, he€~~e rn~, the undersigned, a Notary Fu~lic in and
for said state, personally appeared DAV2~ 1~U. TU~N~U~~, known to me to be the Vick-Pr~,~id~nt of B~I~E
I~E~EA~~H ~~i~TE~, I~~,, an Idaho ~~rp~rati~t~, the ~or~oratian that exe~ut~ the fQre~oin~ instrument er
the person who executed the f~re~~ing instrument an behalf of said ~~r~oratien, and acknowiedg~d t~ me
that sucl'~ ~arporatian ex~~ut~d the same,
III wITNES~ 1,~ll~IERE~F, I have hereunto set my hand ~r~d ~fFixed my affioial seal the ~~y and year in
th#~ ~~rtifit~ fiat ~bov~ written,
~~EAt.~
STATE ~F I a~H~ ~
~ ~~:
~au~ty ~f Add )
N~t~ry ~u~lic for Idaho
Residing at , 1 Idaho
My ~~mmi~~-~n ExRires:._.~
~~ this day ~f ~ 1 ~~~, h~f~r~ m~, the undersigned, a Notany Eu~li~ i~ end fcr
~afd state, personally appeared ,known to me
to he the of ~iTy ~F 1~ERI~lA1~l, I~AH~ an Naha l~r~nicipal ~orp~r~ti~r~, the
~~rp~~~-ti~n that executed the fQre~oing instrutr~~r~t ~r the person who executed the f~re~~in~ instrument on
h~half of said ~orporatian, and acl~n~wl~d~~~1 tv m~ that such ~orparatian execux~d the same.
IN 11UITNE~~ VI~H~RE~F, I have hereunto set my hand and ~ffi~ced my official seas the day end y~~r to
Chid ~~,ti~i~~t~ first af~cve written.
. Notary Pu~licfar ldaha
Residin~at~ ,Idaho
~y ~~mmissi~n Expires;
~~~A~~
JUL.-16'96~T1'E) I':10 SPI\'li S BLiTLER TEL:I?~R388(0p1 P.UO-
EXHIBIT A
I. Ff~M DFSCRIP710N nF pR PERK
,~~REEMENT - ~
I'1 M1 f~ .1 .
dUL.-16'96~TUE) ]i:ll SPINI{;' 'UTLER TEL:12G 481001 P. 008
E~H(B(T
DEEb OF G[FT " _
THIS ~EEL~ ~F ~(FT made this _ day ~f , 1 ~~~, Between ~~l~E ~E~~A~~H
~ENTE~, If~~., ~n Idaho ~nr~oraticr'ir wh~~~ address is.1~~~~ ~U. ~~~I~rer Cdr., quite ~~or 8~i~~, Idaho
~~~~3 ~"~rant~r"~ and CITY CSI: hrIE~I~IAI~I, I~AH~, an ldaha Municipal ~orporatian, wh~~e current
addre~~ is ~3 East Idaho Avenue, ~~ridian, idal"ta ~~~ ~"~r~ntee"~;
~VITI~ES~ETH:
e~i ~ ~, nv .
A~ ~ ~rFT to grantee, ~rarit~r dies hereby grant and cet~vey t~ grantee all ~f the t~~l props
[~~~ted in the ~oc~nty of Add, ~t~te ol~ Idaho, described ~r~ "Exhibit A'~ attached h~r~t~ end made a arx h~r~~f
P
thereafter "~ul~~~~ ~r~perty"~.
T~~ETHE~ with ~Il and singular the ter~~rnen~r hereditaments and a~~urker~anoes thereur~te
belan~in~ ar in anywi~~ a~pertainin~.
This ~~nveyance by ~rarit~r t~ grantee is made Subject t~ tl~e foll~win~:
1. All t~x~s and assessrnent~ levied and assessed against the ~ubj~ct Property, including
liens and assessrn~nk~ cif any irrigation disCrict, fir khe year ~ ~~~ a.nd ther~~ft~r, All
such ta~~~ end assessment, including li~n~ and assessments ~f ~r~y irri~atian di~tri~t,
far the year ~ ~~~ ~h~l I ~c prorated between ~rar`~t~r and grantee as of the date of
this ~~ed ~~ ~i~t. Afl such taxi end assessments, including liens and assessment
of any irri~atior~ di~tri~t l`~r the year ~ ~~5, and bef~r~ shal I be laid by ~r~nt~r,
~. ~~~~rnents and rights-~f-way for roads, ditches, tunr~cls, utili(ies and other purp~s~
and uses, which ~~s~ments and rt~i~ts~f way art ~F recerd an the date h~f~ cr
visible up~,~ ~ physical inspection of the ~u~ject Property.
~- ~x~~ptiens, resetvati~r~~, terms, covenants and conditions o~ record.
~y its acceptan~~ blow, grantee shill b~ d~~med to have acc~p~~d end agreed to cnrn~ly with the
conditi~r~~ end restrictions set firth in this deed a~ ~i~t
IN W(T~C~~ ~1HERE~~r ~r~nt~r has caused its c~r~orate name to be 5ubscriaed by its Vi~-
president Rursuant to a resoluCior~ ~f its hoard of directors Chis day of
1~~G,
B~1~E I~E~EaR~H t=`ENTEf~, IfV~., an Idahe
~~r~~r~~I~r1
6y
Vice-President
JUL. -16' 96 (TUE) 1':11
SPIiJIi & BUTLER
TEL'1206,i88100I
P. Oll~l
~TAY~ ~F i~a~~ ~
~ ~~:
~~r~nty ~f ~~~ ~ y .
~n this day of ,1~~~, before rne, the ~nders~gr~ed, a ~latary Public in and
fer ~~id state, Rer~~nally appe~r~~ ~AV« Vll, TL~~~~ULL, ~r~~wn t~ me ko be the 11i~~~r~~id~nt of ~~I~E
RE~EAR~H ~FNTE~, ~N~-, ~n Fdaha ~erp~raty~r~, the ~~rp~ration that exeeut~d the f~re~ein~ in~trum~r~t ~r
the per~~ri why ~xe~Ut~d the fore~~ir~~ in~tr~ment on behalf of paid ~~rporat~on, and ackn~wl~~ged to me
that such ~erpor~tion ex~ut~d the game.
. ~ III 1N1T~E~~ V~lHERE~F, l have hereunto yet my hard end affixed my offioial ~~~~ the day and year ire
this certificate fiat ~~~v~ written
~1~tary ~ub~ic for fd~h~
~esidin~at ld~hc
My ~ornrni~~ion Expires:
~~E~k.~
A~~EEM~NT • ~
a a ~1.J.... _..,.
JUL. -16' 961TUE1 li 12 SPINIi~ .UTLER TEL:1?G..JB1~D1
ACCEPTANCE
r
~1TY ~F ~vlE>~1~lAN, ii~AH~, ~n ld~h~ N~unicipai ~arparaki~r~, by iks execUti~n ~~inw, hereby
a~~~~ts the rerm~ of the f~re~cin~ ~e~~ ~f ~ii*t, and a~ree~ t~ ~~~~~t titie t~ the ~ubj~ct Property subject to
the condirian~ aril r~stri~ian5 set f~rkh therein, and agr~~~ to c~mpCy with the same.
C~A~'~~ khi~ day ~f ~~9~.
~CTY ~F ME~I~IAN, l~AH~, .
an Municipal ~~rparatian
. gy
Title
--~ ~.
~YATE ~ F I DaH ~
} ss;
bounty of Ada }
~n this __r_. day ~f ..,.. , ~ ~9~, before rn~, the undersigned, ~ Notary ~u~li~ ir'~ ~n~ for
~~i~ state, persanalCy ~~~eared -- , known tame
,..,r...,...
t~ Cie the _ , of ~1TY fit; ~~Ri~iAN, ~I~AH~, ~n C~ah~ Municipal for oration the
r
~~rp~r~t~on that executed the ~+are~oin~ ir~~trument ar the petsar~ wha eecured the r'~re ain instrum~r~t on
~ ~
behalf of said ~~rp~~ticn, and a~~n~wle~~ed tQ me ~~t such ~orporati~n executed the ~~r`ne.
CCU 1Nl~NE~~ 1lIIHERE~Fr I have hereunto ~t ~ hand and affix~~ my a~icial leaf the day and year in
this cerk~fi~~t~ first above wr~tt~n,
P.OlO
l~a~81~1 ~Ul~~lc ~af ~dah~
. C~esid~~g at , ldaha
hey ~cmmissian ~~ires;
~~EAL~
~ ~"
w..'
1 (` - r ~
~,
61T
ELF C(~LJRSF F+~,q-v
a~~EEMEC~T • 34 -
BR~~d~v,7pr
.~
~~ r
~.
r
f Z~-i6
S~'~L~tK & BUTL~It
607'N. 8th Street, Sl~tite 310
P.O. Bmc 639
Boise, Idaho.83701
--._ _.._ _. 2081388-1000
208/388-1~1 (fax)
Fax Cover Sheet
TO: Wayne Crooks[oa
CC: Wait Morrow - 887-4813
David 1lirnbull-- 377-8962
FROM: JoAnn Buller
DATE: July 22, 1996
TIME: 4:00 pm
FAX NO.: 888-3969
RE: Boise Research Center/Golf Course
MESSAGE: Wayne and Walt, enclosed is the revised draft agreement in connection
with the golf course cons on and ma,n ~an~e, which should reflect
discussions. Wayne, as you w~l see, Y have left room, to provide
information on the amcndmeat to the existing Golf Course Agreement of
Lease. I will need to review. this document. Please fax that to me at your
earliest convenience. Give me a ca11 with quesrions and comments,
T 'on u. 11 ~ge{s}, i~1u " phis cover
p
sheet. Contact visa ~ ~ZO$} 3S8-lob
if the cDq~re .. .
a ~s not received.
Lard copy will ,~,~'~ not K follow.
Please Deli~cr Immediate
~ • • • . . ~ ~
The u~or~na~on co~aned ra this ~aasmiss~oaa ~s a~ro rivile ell and `
~Y F $ co~frdertnat
_ ______ _.___, t~ormat~or~wh~..~ only for the use 4f ~e . .. or .
• y named above. If you
have received this co~untcatlon ~ error, Tease call the an and
P ~ cr named, above.
Collect calls .
~ r ~ ~~~
DRAFT
AGREEMENT
THIS AGREEMENT (this "Agreerneat~ made and entered into thi~.~ day of ~ ,199,
between the City of Meridian a municipal carporat~on ~'City"~, yr its asAgns, and Boise Research Center, lnc,,
an ldahv corporation ~~BRC" 3.
- ...~ .~ _. ~ - ~ TA . -,....._. _ _. .-- -..- _ .
A. BRC owns land in the vicinity of the existing City municipal gcalf course, which is more
~ articularly described on Exhibit A, attached hereto and made a part hereo{,and is sometimes referr
stein as the ' ~~ ~ ~
°~
~+ ~~ J r
.. B. City intends to i prove Property with an addifia f #he~ "Addition"~ to the existing Cdr
mur~~c~pal golf course. -
. ~ ...#~ '
~, s.~. s
G 8RC desires to vansfer the Property to C~~ and C}ty desirees to have the~Property ~ansferred,
subject to the terms and conditions tantained herein.
~. City's Council has duly convened and reviewed this Agreement and determined that the
Agreement and the transfer of the Property on the.terrr~ and conditions hereinafter set forth serve the best
intere~ of City.
~ .,
~d
~MN1rVr
•
NGIr~, THEREFORE,1'orvaluahleconsideration, including the transfer of the~Prope ,the recei t and
.. ~Y A
su~fccaency of which is hereby acknowledged and agreed, the recitals above, which are ineorporated below,
and the mutual prarnises and agreernenc~ herein contained, the parties hereto agree as follows:
. ~. A~R.>tiF~~,t4 S BRC agrees to transfer and Canvey and Cry agrees to have
transferred and conveyed, subject t and upon erreh*o~the terms and condition ereinafter set forth the land
. , °~ I
legally described an Exh~b~tA..~ A~,~- ~
~ ~, AN F The transfer of the Property shai! occur on ~
~, ~.~ executio hereof the ~Closing"~ at a date and time mc~tall a to i Th `~
y greed by the part es e ~-shall take ~
lace at the office of ~ s Attvm The Pro ~ ~ `
,~ P ~ ey. perry shall be transfierre~! nth a deed substantial! 5irnilar to the •
y ~1 ~
~ ~ _ deed of gift atxached hereto as Exhibit B and made a part hereof. fthe "Geed of Gif~'~. Possession of th
e
-~,Ga P~aperty shat! be delivered to Cif General real estate ta~aes shaI! be prorated as of th
• . Recording fees shat! 6e ,` -~ ~ ~
t~`~'°~1 ~'.
~. ~, .
. Cty has commenced and shalt continue, all it9~e~e rant and
~`' ens , i mediately following the the construction of impravemen~s tv th Property ~
1 • • ~ ~ '+
Subsrn~ally ~n crmpi~ance with the grnerai sd~ne and layout for the Golf Course 111
t.~,G ~ ~ r Improvements as provided an the Ian, attached hereto as Exhibit C an h ~ ~ `~ ~
d made a part ereu~ f the Gulf Course
-~~, Plan"). City has and shall be du general contraaor in connection with sach Golfl~Cvurse improvernnents for
the Addition in accord with the Golf Course Plan aft ~,~, ~ ~'
~ ~,c
~~
~~ n~`1. City shall have the right to make any reasonable mad' cations aadlorchanges to the Golf Course
!an which are necessary to solve engineering, layout andlor design probierns riot reasonably foreseeable at
the time of execution of this Agreement, without BRC approval, provided gRCshal! be informed ofi al! such
~ ~ changes and shall be entitled tv immediately advise C~tY of aoncents BRCrna have re rdin s
~ Y ~ g~
~,l~ru~ changes.
h
~ ~.~
'~y~r. t
BR~lV.aa
+ ~~
4. N s'~. ~ S
. -TE NQ .The City acknawl that tfie ~'
maintenance and operation ar the Additia ~ ma ri `~
s a to al consider onto BRC.
Fallowing the execution hereof, and the cvAStruction of the Golf: Course lm ov ~`-~
pr ernents, ~ hall conduct
and carry out the Ions-term maintenanoe and operation of the Addition in~lvdin wi#hout li ~
lan ~ m~tahon,
dscapmasntenance. The maintenance and o 'on of th ' ' . . .
~ ~ e Add~tzory~shall requ~r~ without i,m,tat~on
that the ~ operate and cause the Ad~,an fo be used in acCOrdance with the USGA
rohibit uses of t Rules ofd, shall
~~ ~ -P he Addition which are incansistentwtih rte use as a Golf Course, and shall be main `
per IJSCA maintenance and o eratYVn scan as ~ tamed ~
P . ~ amended from time to t: e. The maintenance and
operation of the Golf Course lm rovernen ` ` • ~
p ~ t~tendwe~d ~ resen~et~rr~f the natural appearance
an bea a the Addition an w rc w' ..
~Y ill ~t Add~tron ~ a valuable asset a ' .
• nc# amen ~ t Cs
City and BRC acknowledge that the munici al Golf Co ~ ~
A p urse s5 leased, operated and mair~ained under that
certain Agreement of lease, dated Qctober 3,197e, ~ and a tfiat if
eonflieC between t e terms conditions ~ ~~'s a
an agreements a ~s greement an e ~ Bement of Lease, ~
the ~ Bement of Lease, shall oonvol .
~ }
~ (~~
s. a ~'
~ . In the event of a defa~it hereunder, the
non•default~ng party shall be entitled to al! c~gh~ and remedies available at law or in r •
equ~y, incfud~ng,
without limitations damages and equitable relief, Each right, ower and reme rovi '
' ar he p dy R ded for herein or now
r reafter existing ~n (aw, ~n equity, by statute ar a~erwise shall be cumulative and contort
in addition to every other r~ ht , ower or Tern ent and shall be
~ ~ p edy provided for herein or now or hereafter existing at taw in ~
equity, by statute yr otherwise, and the exercise or beginning ofttie exercise ar the forbra n
any party of an one or more of su ~ ~ of exercise by
Y ch rights, powers ar remedies shall not preclude the sr~nultaneous ar later
exercise by such party of any or all of such other right, powers or rernedieS, ~~ ~ ~ ~
6• fi' ~ . Ire the event of an ~ ~ -'~ ~~
ycon~oversy, clam or actEOn bern fil r in ' ~~
between the parties to this teem g ~ o st~tuted
Ag ent t~o enforce the terms and conditions of this Agreement ar arisin from
the breach of any provision hereof, the prevailin will be g -~
g RAY entitled to receive from the other party all ~.~
costs, damages, and expenses, including reasonable attorneys' fees ~nGUrred b the revaii;
Or not u ~ .. Y p ng path', whether ~'~- _
s ch con~oversy or clam ~s i~ttgated or prosecuted to judgment. The revailin w'
who was awarded 'ud rnent as r R $ party ill be that party
~ g a esult of vial or~arbi
trahon.
~• UVAlVER. No representation wa ~ '
rranty, covenant, term, agreement or condition or the •
breach hereof shall be deemed waived except by wry consent of the a •
P rtY against whvrn the waiver ~s °~
claimed, and any waiver of the breach of an r
Y epmsenr~on, warranty, covenant, term, agreement or
condition shall not be deemed to be a waiver of any other re Cation Warr
agreement or condition herein. ~ ~ anty, covenant, term,
Acceptance by a parti- of any performance ~y another party after the time the '
same shall have become due shall not constitute a wai+-~er the first of
such re ~' Party the b~ or default of any
presentatlan, warranty, covenant, term, agreement or condition unless otherwise res l
by the Fist parry in writin . ~ s y agreed to
g
8• . The parries agree that this ent shall be co
the 5~#e ~ nstrued under the laws of
of Idaho.
9. F R A .Any prevention, delay ~ st a due to strikes 1
disputes, acs of Gad inabili pPRa~ , otkouts, labor
ry to obtain tabor or material or reasonable substitutes therefore overnm
restrictions, governmental regulations, governmen~l co - S ental
. ntrols, enemy or hostile govemmmtai action, civil
eommot7on fr:e or other casualty, and other causes beyood the reasonzble control of .
perfiarm, shall excuse the dorm ~~~- oblsgated to
pe ante by such party for a period`equal to any such prevention deli ar
stoppage. ~ Y
. ~ 4• . Ii any term or provisi~r of tfi~ hgreement shall
by a court of corn tent 'urisdicpon to ~be i - to any tent be determined
pe l nval~d or unen~ro~able, the remainder of this Agreement shall not
be affected thereby, and each term and provision of tins eement sh 1 '
fvl lest '~ a I be valid and be enfaceabie ro the
-- .. _ .. _ . _ ~_ _ extent pemnitted_by law; and it is the intention ofthe party eto that if an
ov~ion of this
--.,..- ~e~ her ._ _.._. Y ~ . _ r. _.. ~ ._ ... .
~a~~. t
BRG~de+-.a-gr
Agreement is apable of two eonstruuctions, one of which would render the provision void and the other of
which would render the provision valid, the provision shall.have the meaning which renders it valid,
. 1 ]. ~NTiRE A~~EE~IE~T, Except for the other written agreements described herein, this
Agreement embodies the entire agreement between the parties hereto and there shall be na oral agreement
existing between the parties relative to the subject matter hereof. This Agreement may only be amended by r
written document executed by all of the parties hereto.
~ 2. I~,M.~.4~~H,~~ ~. It is underst~aod by the parties hereto that time is of the essence of
this Agreement.
~ 3, A,pDiT1,t~NA1~ Ate. Except~as otherwise provided herein, in addition io the acts and deeds
recited herein and contemplated to be performed, executed andfor delivered by the parties, the parties hereby
agree to perform, execute~andlor deliver or cause to be pesfarmed, executed anrVor delivered any and all
such further acts, deeds and assurances as any parr hereto may reasonably require to .consummate the
transactions contemplated hereunder andlor the warranties, covenants, terms, agreements andlor conditions
Contained herein.
~4. ~ ^IC~ .The headings contained in this Agreement are for reference purposes only and
snail not in any way affect the meaning or interpretation hereof.
15. ~ . The representations, warranties, covenants, terms .
agreements and conditions contained in this Agreement shall survive the execution of this agreement and the
delivery and recording of the Deed of Gift, and this Agreement shall not be mer ed therein, but shall remain ~
binding upon and far the parties hereto untai fully observed, ke perfarme .This Agreement sha e
binding upon and inure to the benefit of the parties hereto, all successor owners of record of al! or any part of
the Property, any and all assigns, lessees thereof and any successor municipal authorities of City and
~ successor municipalities fOr a period of ten f ~Da years from the date of carnple~on of construaion of the Golf
nurse improvement5~ ~,, t{~,~, ~' ~ , ~ ,
~~
~ b. N Ti .Any notice or demand from ar to the parties hereto shall be persona#iy delivered
by special courier, or mailed by first class unfired States mail addressed to the address set fortfi below br such
other address as a party hereto shall have last designated by notice in writing to the other party as provided
herein. Notice shall be deemed delivered on the date actually received or two t2~ days after mailing,
whichever is first,
if to 81~C:
Boise Research Center, inc.
1226 W. Explorer Dr., Suite 270
Boise, Idaho 1~37~3
Attn: David Tumbuil
If to qtr
qty of Meridian
~1) Meridian 5t.
Meridian, ID 83b~4~
Ain: City A~orney
~GRE~NT - ~ ~. ~ .
BRC1dav.~ .
17. CONSTRt~ , All parties hereto have been represented by tounsei in the course of the
negotiations for and the preparation of this Agreement; aa~rdingly, in all cases, the language of this
Agreement will be construed simply, according to i~ fair meaning, and not sai[tiy for or against any party,
~ 8. N .This Agreement shall be recorded simultaneously with the execution hereof.
~ ~. ~ R A T AND D PLl ~ , This Agreement may be execu#ed in any
number of counterpa~s and duplicate originals, each of which shall be deemed an original, but ail of which
shall constitute ane and the same instrument
iN INiTNE55 WHEREOF, the parl~es have set their hands the date and year first above written, the
same being done aher public hearing, notice and statutory requirements having been fulfilled.
pity: .
THE CITY ~F MERIDIAN, a
municipal corporation
By:
Its: ~-tayar
Attu:
lts: Clty Clerk
B RC:
Boise Research Center, ln~., an Idaho corporation
By:
l~:
~CR~u~NT- d
8RC1ciQVagr
STATE of IDAHO )
~ ss:
County of Ada } ~ .
y y
.. ~n this ,,,~, day of I996, before me, the undersigned, a Notary Pub1iC in and .
for Said State, personalty appeared DAVID VII, TURNBUII, known to me to betheVice-President of Bo1SE
RESEARCH CENTER, INC., an Idaho Corporation, the Corporation that executed the foregoin instrument or
the person who executed the foregoing instrument on behalf of said Corporation, and acknowied ed tv me
that such Co oration executed the same.. ~ g
1N VIIITNE55 WHEREOF, i have hereunto set my hand and affixed my official seal the day and ear in
Y
this certificate first above wri~en.
Notary Public for Idaho
Residing at Idaho
y Cornrnission Expires:
ESEA~
STATE of 1 a~Ho
ss:
County of Ada ~
~n this ,~ day of ~ 996, before me, the undersigned, a Notary Public in and for
said State, personally appeared known tv me
to be the of C>1Y of MERIDIAN,1~AHo, an Idaho Municipal Co oration the
1"' f
Corporation that executed the foregoing instrument or the person who executed the foregoin instrument on
g
behalf of Said Corporation, and acknowledged to me that such Corporation executed the same.
1N VVITNE55 VUHEREO>',1 have hereunto set my hand and affixed my official seal the da and ar in
Y Ye
this certificate first above written.
Notary Public for Idaho
Residing at ~ Idaho
A-ty Canmission Expires:
(SEAL}
nCR~NT-S
HI IT A
LEGA -DESCRIPTION OF PRC~PFRTY
s~ ~ ~
~~ ~ ~-~-
l~+~r`~~
TH15 DFED OF GIFT made this _,,,~ day of ~ , ~ 996, between BOISF RESFAI~CH
Cf NTER, INC., an Idaho Corparatian, whose address is ~~4~b 1~. Explorer Dr., Suite 21Q, Boise, Idaho
83713 ~"Grantors and CITY QF MERfDfAN,10AHo, an Idaho Municspal Carporativn; where current
address is 33 East Idaho avenue, Meridian,. Idaho 836~4~ ~rantee~~~
UIl1TNE5S~ETH:
Sectio .
AS ~1 GIFT to Grantee, Grantor does hereby gran and convey to Grantee all of the real property
located in the County of Ada, Mate of Idaho, described at'Exhibit a" attached hereto and made a part hereof
(hereafter "Subject Property'.
1'~GETHER with all and singular the tenernen~, hereditaments and appurtenances thereunto
belonging or in anywise appertaining.
This conveyance by Grantor to Grantee is madesubject to the following:
1. All taxes and assessments levied and assessed againstthe Subject Prope inCludin
nY, g
liens and assessment of any irrigation ~sDria, for the year 1997 and thereafter. Aft
such taxes and assessments, including liens and assessments of any irrigation district,
for the year 1996 shall be pro-rated betwrten Grantor and Grantee as of the date of
this Deed of Gift. All such taxes and assessments, including liens and assessments
of any irrigation district for the year 1995, and before shalt be paid by Grantor.
..
2. Easements and righ#s~of-way for roads, aches, kunnels~utElifies ~.
~, which easements and rightsa#~way are of record an or
visible upon a physical inspection of the5ubject Property.
6~
1
3. Exceptions, reservations, terms, covena~s and conditions of record ~ `~ ~ (~ ~
~ ~~ ~
~~ C ~ gG ,~ , ~ ,
a t rh.. J 1 ~ ~ ~ ~• ~ D ~. ~
By its acceptance below, Grantee shall be deemed to ha~re at~:epted and agreed to comply with tfie
conditions and restrictions set forth in this Deed of Gift
IN 1~VITNE55 ~VHEREQF, Granty~ has caused its aocporate~ name to be subsaxbed by its yiee-
President pursuant to a resolution of i~ 8aard of ~irec~ this day of
~ 99fi,
d~ ~
~~,~~/ `fi t
sow ~cH ~~~ ,~c, ~, Idaho
Corporation F
~r
Mice-P~ident
G~-c2~ ~ -~ d.~ Sri-"~,, -` C,-",~-o-~,(-_ __
nCRffMINf~~ V{'j/I ~y y'~~ ,-` p~.~~~ ,,I Q-
BtCdev~G I _I'~W p'~iYl~-ri :".~t~ ~ °lNNy I ` ~~e
. STATE QF IDAHO }
} ss:
County of Ada } .
,.
On this ~ day of ,1996, before rne, the undersigned, a No PubEie in and
for said State ersonail ~
p y appeared I]AVtD W. TURNBULI, known tv me tv be the ~ice~President of B~IS~
RF5EARCH CENTER, INC., an Idaho Corporation, the Corporadan that executed the fore oin instrurn
~ g en# or
the person why executed the foregoing instrument on behalf of said Corporation, and acknowled d~ to
that such Corporation executed the same.. ~ me
IN v~TNE55 ~NHERE~F, I have hereunto set my hand and affixed my official seal the da and r in
this certificate first above written. ~ ~ y yea
SEAL}
Nataary Public for Idaho
Residing at Idaho
My Commission Expires:
xcrn'- ~
~~~
M ~' ' -~.~
CITE' DF MERIDIAN, IDAHq, an l~aho Municipal Corpara~iott, by it* execution below, hereb '
ac~cep~ the terms of the far in Deed of Gift and a • y
~ g ro accept dtle to the Subiect Propert~- subject tv
the conditions and restrictions set forth therein, and agrea to comply with the same.
DATED this ~ day of ~ I996.
. CITY Of MERIDIAN,IDAHD,
- an Municipal Corporation
By
Tide:
STATE OF 1DAHG ~
ssf
County of Ada }
qn this ~ day of ~ ~J6, before me, the undersigned a Notary Public in and far
said State, personally appeared known to me
to be the of CITY OF MER1Dl~N, IDAHq, an Idaho Mun~oipal Corporation the
Corporation that executed the foregoing ~nstrumenx or the person who executed the foregoin instrument on
behalf of said C oration and acknowl $
~'P edged to me that suds Corporation executed the same.
!N UI~TNE551NHEREQF, i have hereunto set mY hand and af~ced my official sea! the day and year in
this certificate first above wri#ten.
Notary Public for Idaho
. _ ~::.~w~ ::~:y.,:>:.,~is~* .:.:~.. _ ~.~.~?~:. Ftik~..,-..~ ..,~ x , .,~„ v,. -. - - . . ~ Residing at ~ Idaho .._ - _ . - - .- :,~w,.
My Carnrnission Expires:
~SEAL~ ~ .
~ar.~ ... ~ ~ .
. e,,~ .. ~ , - ~~ .
... - • - ......-Y
'' 1 rr
w r! j . .
a ~ II/t
+ ~
~C~1.F C01lRSF P1AN
r
~t~T- ~o .
• SRICId~~ .
re~~~l~e~ 7 23-~f
AGREEMENT V' /~'
THlS A~REE>~ENT this "A~reemer~t")made and entered lnt~ this day o~ ~~9~,
bekyve~n the City of Meridian, a rnunici~ai corporation ~"qty„~, or its ~~signs, and Boise R~rch Center, lnc.,
an ldahQ corporation ("BRC"~. ~ .
ITA
A. PRC awns land in Che vicinity oi'the existing City municipal golf cour~o, which is mare
particularly describod an Exhibit A, attached hereto end made a part hereQE, and is sometimes referred to
herein a~ the ~~ ' . R . 1 Property,p
B. pity intends to improve the Property wi#h ~r~ addition xt if
l .~ i~ lu ' f in~+ ~ theAddition") t~ the existing city munleipal gold course.
~. Bl~~ desires to transfer the Property to City and pity desires to hive the u '
Peal Property t~nsferred, ~ub~ect to the terms and conditions con#~i~ herein.
D, pity's Council has duly convened end reviewed this Agreement and det~rrnined that the
Agreement and the transfer of the ~ Properly cn the terms and conditions hereinafter set forth serve
the best interests of City.
,
~'1~
N~wU, THEf~EF~RE, i'ar valuable considers#ion, including the tr~n~fer of the R Property,
the receipt and sufficiency of which is hereby acknowledged end agreed, the recit~l~ shave, which are i
incorporated ~, and the mutual Rromises and a~reer~ents herein contained, the parties hereto agree as ~
follows;
~. A~~MENY ~F TR~N~F~~, BBC agrees t~ kr~nsfer and convey ~r~d Cfky agrees to have
transferred and conveyed, Subject to and upon egeh-the terms and conditions hereinafker sot forth, the land
legally described in ~xhihit A.
Tho transferef the Property sf~all occur on '
ecutior~ 'v ~f the Dee nd this A~r~me~t ~ '
~~ ~ ~~~The iv i shall
tak ace at t of Ci s Attorne The PropestY shall be transferred with a deed
~ub~tantially similar to the deal of gift attached heteta as Exhibit ~ ar~d rn~de a part hereof the "deed Qf
~ lift"~. Possession ~f the i Property shah be delivered to City 'v f h
~,,~,~,
eft a n . general reaS estate taxes shall be prorated as of the -
~,'~,, ~/~ De Recording fees shall be 'v
N. City has commenced and shall contir~tre, ail at i~ ~os# end
expend i n w ' wn
b ~ immediately following the f the construction
of improvements to the Property the "~ol~ Course trnprovements"~ substantially in compliance
with the general scheme and layout for the golf ~aurse Improv~nents as provided an the plan, attached
hereto as E~chibit ~ and made a part heCe~f the "tJojf Course Plan"~. City has and shall be the general
contractor in connection with such half ~aurse lmprovemer~ for the Addition in ~~ord with the golf
Course Plan in h i h
.p ~1.~~~
8~~4~S~F~i~d~v.~gr
City shall ha~re the right to make any reasonable modiiiaatians and~ar changes ~ the ~a~~f Course
Plan which are necessary to salve engineering, layout andlor design problems not reasonably foreseeable at
the time of execution of this Agreement, without BRG approval, provided B~~ shall be informed of all such
changes and shall be entitled to immediately advise City of any concerns gRC may have regarding such
ch~riges.
~. ~ - M NA I N. The City aoknowledg~ that the
maintenance and operation of the Addition ' i is a material
consideration to BRC. Following the execution hereof, and the cpnstructian of the Golf curse Improvements
h u ` e l ~ pity I h shall conduct and carry out the long-
termmaintenance and operation bf the Addition including, without lirnitatior~, landscape
maintenance. The maintenance ar~d operation of the Additions shall require, without limitations that the City
' ~ I operate and cause the Addltian to be used in accordance with the UCCA Rules ,shall
prohibit uses of the Addition which are inconsistent with its use as a Golf Course, shall be maintained as
per ~1~GA maintenance and operation standards, as amended from time tv time, in a manr~ r „ at
' n~'~ ent n ! w, The maintenance and operation of the Calf
Course Improvements ~n~ ,.. ' ' c „~-intended to ' preserve the natural
appearance and beauty of the Addition and which will." ~ the AdditiQr~ as a valuable asset
end amenity t4 t~1.~ City. City and ~~C acknowledge thatthe municipal Golf Course is leased, operated and
maintained under that certain Agreement of Lease, dated October 3,1 ~7~, as ~~ amende ~,,~
and agree that if there is a oar~flict between the terms,.conditions and agreements of this Agreement and the
Agreement of lease, as ~ amended, the Agreement of Lease, as ~ amended, shall controls
1A ~~hll n'1 .
5, ~~~A~JLT lE~~. ~~N~.~,l~~„~l~1yIU.L.AT1V~. Ire the event of a default hereunder, the
nan~efaulting party shall be entitled to all rights and remedies available at law or in equity, including,
without limitations damages and equitable relief. ~aoh right, power and remedy provided for herein ar new
or hereafter existing in law, in equity, by statute or otherwise shall be cumulative and concurr~t and shall be
in addition to every other right, power ar remedy provided for herein or now ar hereafter existing at law, in
equityl by statute ar otherwise, and the exercise ar ~eginni>Yg of the exercise ar the forbearance of exercise by
any party of any one or more of such right, powers or remedies shall not preclude the simultan~eaus ar later
exercise by such party of any or all oaf such ocher rights, powers ar remedies. Prpvid,,., v r~ t~~,
nvi i ~' n~ n i v' h
s .°' it lt.
~, N ' ~ . In the event of any controversy, claim ar action being flied or instituted
tween the parties to this Agreement to er~farce the terms and conditions of this Agreement ar arising from
the breach of any provision hereof, the prevailing party will be entitled to receive from the other party all
oasts, damages, and expenses, including reasonable attorneys` fees, incurred by the prevailing party, whether
or not such cQntrov~rsy or claim is litigated ar prosecuted to ~ud~mer~t. The prevailing party w~i! be that party
who was awarded judgment as a result of trial or arbitration.
a, WACVE . tea representation, warranty, covenant, term, agreement dr condi~an or the
breach hereof shat I be deemed waived except by written consent of the party against whom the waiver is
claimed, and any waiver of the breach of any representation, warranty, covenant, term, agreement ar
condition shall riot be deemed tQ be a waiver of any other representation, warranty, covenant, terra,
agreement or condition herein. Acceptance by a party of any perforrnattce by another Rarty afar the time the
same shall nave became dui shoji not constitute a waiver by the first party of the breach or dult of any
such representation, warranty, covenant, term, agreement ar condition unless otherwise expressly agreed to
by the first parley in writing.
$. ~Et~,~CE~I~. The parties agree that this Agreement shat! he construed under the laws of
the Mate of ~dahQ.
B R~1,as h farci~d~+, ~r
~. ~tAI~t.1R~. Any prevention, delay or stoppage due to strikes, I~~Cnuts, labor
disputes, ac#s of ~~d, Cnabiiity tv abt~in labor or materials ar reasonable substitutes therefore, ~~vernmental
restrictions, governmental regulations, governrner~tal controls, ~enerr~y ~r hostile governmental action, civil
cpntmotion fire or ether casualty, and ether causes beyond the reasonable eontr~l of the party obligated to
perform, shall excuse the performance by such party far a period equal to any such prevention, delay or
steppage.
1 ~. EW , if any terrr~ or provision of thCs Ag~e~ment shall, to any extent be determined
by a court of competerYt jurisdiction to be invalid or unenforceable, the remainder ofthis Agreement shall not
be affected thereby, and each Germ and provision of this Agreement shall ~be valid and be enforceable to the
fullest extent permitted bylaw; and it is the intention Qf the parties hereto that if any provision of this
Agreement is capable of two constructions, one ~f which would render the provision void and the other of
which would render the provision valid, the provision shall have the meaning which renders i# valid.
~ ~ , ~NT~.~~E~~~h~l', Except for the other written agrm~nts described herein, this
Agreement embodies the entire agreement between the parties hereto and there shall be na oral agreement
existing between the parties relative t~ the subject matter hereof. This A~reernent may only be amended by
written d~cc~ment executed by al I of the parties hereto,.
~ ~. [ME F TH N . [t is urtderstoQd by the parties hereto that time is of the essence of
th is Agreement. .
13. AQQiYI~~~~~, Except as otherwise provided herein, in addition to khe acts and deeds
recited herein and contemplated to be performed, executed andlor delivered by the parties, the parties hereby
agree to perform, execute andl~r del fiver ar cause kd be performed, executed andlor del ivered any and a i l
such further ate, deeds and assurances as any partyr herete may reasonably require to consummate the
transactions ~onternplated hereunder andlor the warranties, c~vertants, terms, agreements andlor conditions
contained herein.
14. HEAD .The headings contained in this Agreerr~ent are for referer~re purposes only and
shall not in any way affe~ tl•+e meaning or interpretation hereof.
~ 5. RVl ~ [+ .The representations, warranties, covenants, terrr~s,
agreements and conditions contained in this Agreement shall survive the execution of this Agreement and the
delivery and recording Qf the Geed of lift, and this Agreement shall net be merged therein, but shall remain
hir~ding upon and fir the parties hereto until fully observed, keptt ~-performed i ,This
Agreement shall be binding upon and inure t~ the benei*it of the parties hereto, all su~cessar owners of regard
of all ar any part of the ~ R property, any and all assigns, lessee$ thereof and any su~essor
municipal authQrikies of pity and successor municipalities fpr a period often ~~~~ years from the date ~f
~~n~pletion of construction of the coif ~QUrse [mpravements ! P .
1 b. N~T~~E. Any notice or demand from ~r t~ the parties hereto shall be personally delivered
by special courier, Qr mailed by first class l~ni#ed Mates mail addressed to the address set forth below Qr such
other address as a party hereto shall have last designated by notice in writing to the other party as provided
herein. Notice shall be deemed delivered on kl~e date actually r~eived or two (~~ days after mailing,
whichever is first.
if to Bf~C:
Braise Research ~en#er, [,~c.
~ ~~2~ W. Explorer Dr., quite ~~~
Boise, Idaho ~~7~3
Attn: David Turnbull
A~R~EMENT- 3
BRC~as~fvrc~~v.a~r
If ~o pity;
~itY of lvieridian
~1 ~ 11~I~ridiar~ fit.
Meridian,ll~ ~3~~~
Atkn: City AtCorney .
1 ?, N~ N. All p~rtie5 hereto have been repre~ent~[ by counsel in the course of the
negotiations I•~r end the preparation of this Agreement; a~~prdit~gly, in alI cases, the I~ngu~ge ~f this
Agreerr~ent will be construed simply, ~~~~rdirig to iks fair meaning, and nit ~tri~tly far ar against any party.
~ ~. ~. This Ag~eernent shall be retarded sirnult~n~usly with the execution herea~,
1 ~, ~lT PAR" ANA R~ 1NA _ This Agreement may be executed in any
numbar ~f counterparts and duplicate anginals, each of which shall b~ deern~d ~n original, but all of which
shall canstituk~ ~n~ ar~d the same instrument.
!N WITNESS INHERE~F, the parties have set their hands the date and year first above written, the
same being d~n~ after public hearing, notice and statutory requirements having been fulfilled.
City+
. THE CITY ~F MER1alAN, a
. rnurii~ipal corporation
gy.
. _. .., _ Its. M r
Attu;
lts: City clerk
BRC;
Boise R~ear~h Center, lnc., an Idaho carpor~tior~
By.
lt~:
~, ,
F
r~
t~
i i ___. _ .... _. _ _ _ ._ .. ...__... _ _ .. - ._ _ ._._.___ _~...~__ .
:~;1
~` , 8~C1~l~~arcildev,~~r
~~ :.
STATE ~F I ~AH~ }
~ ss:
bounty of Ada ~
~n this day of _- _ ~ ,1~9~, laefore me, the uridet~igned, a Not~~y Public in and
y for said State, personal ly appeared ~A~11 Q 1~f. "r~ RN B ~ LL, kna~+r~ to me to be the Dice-President of B~1iSE ~ .
RESEARCH CEI~YER, IC~C., an Id~h~ Corporation, the Corporation that executed khe foregoing ins~ument dr
the person who executed the foregoing instrument on beh~il' of said Carpor~ti~n, artd acknowledged to me
that such Corporation executed the carne.
IN 1NlTNESS UVHEI~E~F, l 1~ave hereunto set my hand end affixed my of f icial seal the day and year in
th:s certificate fiat above written,
iWotary Pubiic for Idaho
Residing at , Idaho
hey Cornmiss~on xpires:
SEAL}
SPATE OF I ~AK~
~ 5s:
County of Ada ~
~n this _ day of ~9~6, before rne, the undersigned, a Nptary Public in and for
said State, personally appeared ROBERT ~. C~RRlE and vIf1~LlAM ~. BERG, ~R., known to me k~ be the
Mayor and City Clerk of CITY ~F MERIDIAN, IQAH~, an Idaho Ni+~r~ieipal Carpar~tion, the Ntun'scipal
Car oration that executed the foregoing ir~~trurnent an behalf of said 11~lunieip~l Corporation, end
p
acknowledged t~ me that such N1ur~icipal Corpar~tian executed the ~~r~e.
I N VSIIYN ESS 1NHERE~F, ! hive hereunto set my hand and affixed my official peal the day and year s n
this cert111~ate f 1r5t ~~7~1Ve Wrltt@n.
~4otary Public for Idaho
Residing at ,Idaho
~y Commission Expires:
(SE~~3
.,
.._ t _ _. _
., ~ _ ~___
~~_
4
." 1
,4CREEMENT - 5
~1 t ~, B~Cl~f~fdre~ev,~gE
!,~
#~~= .
i
~,
1~
i i
h~" ~
t
S
t•
~~. ~
~~.
4 ~
~~:~1
EXHIBITa
L~AL pE5 121PTION OF SUBIECT R AL PROPERN
}..... .~
&; -
. J yi+~
r~A
1'
)'
~~
•+ ~'
~~
~.
Y
'I
~~.
1
4
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~~~~
{y ~
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a
A~~~~~+~,~r - ~
~a~~i~~~-.~~
f
~i16(T B
aEE~
-~.
5 QEEQ ~f SIFT made this day of 199, between BQISE RE5EARCH
THI ~.
N~. an Idaho Co oration, whose address is 1~~4~b w. ExpiQrer D~., quite ~~0, Boise, Idaho
~E NTE R, l rP , , ,
" rantarn and ~IYY t~F ME~II~IAN, IaAHC~, are ldah~ 1~unicipai Carporat~an, whose current
5~71~ (~ l
address is 33 East Idaho Avenue, Meridian, Idaho 8~64~ ~"grantee"~~ .
1N1TNE~~ETH:
A ~3FT to ~rar~tee ~rantar does hereby grant and ccr~vey to grantee all of the real praRert}'
AS
Q~ Ada Mate of Idaho, described on "Exhibit A" attached hereto and made a part hereof
I~c~t~d lid ~~ bounty r
~hereaftsr "Subj.~..~.l~raperty").
~ETI'~E~ with all and Singular the tenements, hereditaments anal appurtenances thereunto
T~
~ei~nging or in anywise appertaining.
This conveyance by ~rant~r to grantee is made subject tp the fallowing:
~ , All taxes and aSSesSmen#s levied ar~d assessed against the Subject Property,
includin liens ar~d a~SessmentS o~ any irrigation district, for the year ~ 997 and
g
thereafiter. A1~ such taxes and aSSeSSrnent~, including liens artd asSessrnen~ of any
i rri atian district, ~Qr the year ~ 99~ shall be pro-rated between ~rantar ar~d grantee
g
as of the date of this deed o~ lift. All such taxes and assessments, fncludit~g liens
nd assessments of any irrigation district far the year ~ 995, and before shall be paid
a
by ~rantar,
~. Easements and rights-off-way for roads, ditches, tunnels ~ utilities
which easements and rightS~t-way are oi: recard ~n ~
~Qr f I ~ Z 1 ~ ar visible upon a physical inspection o
the Subject ~ Property.
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tions reservatierls terrns, covenants and conditions ~f recard l
3. Excep ,
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ante below grantee shall be deemed to have accepted and agreed to comply with the
By its accept ,
conditions ar>d restrictions Set forth in this pad of lift.
VI~ITNES5I~IHERE~E, ~rantar has caused its carpora~ name to be Subscribed by its ~ica-
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resident ursuank to a resolution of its Board of C~i~k~rs this ~_.._ day at ,,~
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B~15E #~ESEARCH CENTER, INS., an ldah~
~orporatian
Bar
vice-Pre~idenr
A~~f.~MENY - ~'
~RCl~hforrl~v.a~r
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QEE~ ~C1ET
TH15 QEED ~F SIFT made this ,~ day of 1 ~~~, between B~]lSE RESEARCH
~` CENTER, INS., an Idaho Corporation, whose address is ~2~~~ 1N. Explorer Dr., ~uit~ X20, Boise, Idaho
871 ~ ~"~rantorn} ar~d ~IYY ~F MERMAN, IDAHO, ~~1 Id~h~ Municipal Corporation, whose current
address is 33 East Idaho Avenue, h~eridian, Idaho 836~~ ~"Cranteen7'
w1TNESSETH;
AS A ~1FT to ~rant~~, grantor does hereby grant and convey t~ Grantee all of the real prcpe~}'
located in the Country of Ada, State Qf Idaho, described on nl;xhibit A" attached hereto and made a part hereof
thereafter "subject Rel. property"). .
T~~I:TWER with all and singular the tenements, hereditaments and appurtenar~res there~ntc
belonging or in anywise apRertaining.
This conveyance by ~rant~r to grantee is made sub~e~ tp the following:
~ , A!i taxes ar~d assessments levied and assessed agains# the Sub~e~t Property,
including ii~ns and assessments of any irrigation distract, for the year ~ 9~7 and
thereafter, A11 such tans and assessments, including liens and assessrnen~ of any
irrigation district, far the year ~ ~9~ shall be pry-rated ~etvv~~n ~rantar and Grantee
as ~f the date of this deed of lift, Ali Such taxes and assessments, including liens
and assessments of any irrigation district far the year ~ ~9~, and before shalt be laid
by grantor.
~~ ~~`~ ~. Easements and rights-af~way for roads, ditches, tunnels ~, utilities
~. ~.
,~~.. , which easements and r~ghts~ot-way are of record ~n ~
f I 1 Z ~ 9_~ ~~~ a.rn. or visible upon a physical inspection of
for ~e ire l+~ Y_
Y ~ ~ the Sub~ect~ Properly.
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3. Exceptions, reservations, t~~s, covenants and conditions ~f record i
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By its acceptance below, ~rartt~ shall be deemed to have a~~epted ar~d agreed to comply with the
conditions and restrictions set forth in this ~ of Lift.
I N wtTNE55 ti'1lHERE~F, Grantor has caused its corpQrat~ name to be subscribed lay its ~/ice-
Fresident pursuant t~ a resaluticn of itS Board of Dire~t~rs this ^ day of
~ ~~~.
BOISE RESEARCH CENTER, INC,, an Id~h~
corporation
By
Vice-President
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STATE ~F 1~AH~ ~
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bounty of Ada ~
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~n this day of y 199, before me, the undersigned, a ~l~tary public in and
for paid State, personally appeared ~A111C~ W. TURIV~UtI, knawr~ to me to be the Vi~~President of ~~4SE ~ .
RESEARCH ~'ENYER, INS., an Idaho Carparatian, the ~arpar~ti~rt that executed the fareg~ing instrument or "
the pecan why executed the fare~oin~ instrur~e~lt on behalf of said ~~rparatl~n, and acknawledg~d t~ me
that such ~orparatian execut~f the carne, ~ =
IN WITNESS 111iHERE(~~,1 have hereunto set my hand and mixed my ~fficla! seal the day and yeas in
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this certificaxe f ir~t above written.
~lotary Pub9i~~or ld~lta
Residing at - ,,,, _, ,Idaho
My ~at~mission Expires;
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CITY ~F ME~IDIAN,1~AHt~, an ldaha Municipai ~arparatian, by its execution ~eiaw, hereby
aceept~ the terms of the foregoing deed of lift, ar~d agrees to accept title to the Subject R ~ Pr~pe~r subject
to the ~ondrtions and rtri~ti~ns set forth therein, end agrees to comply with the same,
,.
~ATEa this _ , day of , ~ ~~~. ~
CITY.~F MER~~IA~1, IDAHO,
an Municipai ~ar~~r~tion -
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STATE ~F i DAH~ } -
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~aur~ty of Ada }
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~n this „,,„day of ~~~b, before rr~e, the undersigned, ~ Notary pub#ie in and far
said State, persan~ily appeared known to me r:
t~ he the of CITY ~F MERIaIA~I, IDAHO, are Idaho Municipal ~orpor~tian, the ~.
~Qrparatiari that executed the foregoing instrument ~r the person who executed the fare~oin~ instrument on
behalf of s~;id ~arporation, and ~cknaw#ed~ed tome chit such ~arporation executed the same,
1N 1N#TNE55 WHE~E~F, # have hereunto set r~Y hand afld affixed my effi~ial sea# the day and year ire ;
this certificate first shave written.
~#Qtary ~ub~ic far Id~ha
Residing at , l~aho
My ~~rnmission Expires;
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AGRE~ME~T•9
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HIBIT
GOLF CdURSE PLAN
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~hGR~~M~~IT - f ~
BRCI~~hf~~d~v.~c
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oRDZN~xcE No. X37
AN ORDINANCE OF THE CITY CF MERIDIAN ANNEXING AND ZONING A CERTAIN
TRACT CF LAND SITUATED IN THE SOUTHEAST 114 OF THE SOUTHEAST 1/4 OF
SECTION $, TOWNSHIP 3 NORTH, RANGE l EAST, BOISE MERIDIAN, ADA
COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council and the Mayor of the City of
Meridian, Idaho, have concluded that it is in the best interest of
said City to anneX to the said City real property which is
described in Section 1 below:
NOW, THEREFORE, BE IT ORDAINED by the Mayor and City
Council of the City of Meridian, Ada County, Idaho:
Section 1. That the real property described as:
~ ~ Q ~ ~ !~ ~ A tract of land situated in the Southeast 1 4 of the
Southeast 114 of Section 8, Township 3 North, Range 1
~ ,~ ' F ~ ~ .,_ ~ w, ~ r East, Boise Meridian, Ada County, Idaho and being more
f=-s ~~ '~ ` ~ ~~~- ~ _ = :;.,F ~.- ~ ~ ~ w ~; particularly described as follows
~~ ~ ~ ~~ ~ ~~ Commencing at a found brass cap monumenting the Northeast
~ ~ ~ ~ `~ Canner of said Southeast 114 of Section 8 •
r
~ ~_~ thence along the easterly line of said Southeast 114,
said easterly line also being the centerline of Eagle
~~ D~ ~_ _; aad, South 00°55'00" West a distance of 2650.15 feet to
~ ~ ~ ; ~ r.- : -f , ~ .~ ~ _ ~ ~ ~ r ~ h ~ a found brass cap monumenting the Southeast Corner of
`~~'~~/~~~' ~~`' ' ~~~ `~~~ ~ ~`~~~~ ~'~ said Section 8, said brass cap being the POINT OF
BEGINNING.
Thence leaving said easterly line and along the southerly
line of said Southeast 114, said southerly line also
being the centerline of Franklin Raad, South 89° 32' 22"
West a distance of 871.18 feet to a steel pin;
Thence leaving said southerly line North 00°28'00" West
a distance of 204.94 feet to a steel pin;
Thence North S9°32'22" East a distance of 876.13 feet to
a paint on said easterly line of the Southeast 114;
Thence along said easterly line South 00°55'00" West a
distance of 205.00 feet to the PAINT OF BEGINNING.
ANNEXATION ORDINANCE - HASRIN/GREEN---C-G Page 1
is hereby annexed to the City of Meridian, and shall be zoned CwG
General Retail and Service Commercial; that the annexation end
zoning is subject to the conditions referenced in the Findings of
Fact and Conclusions of Law as adopted by the Meridian Council on
the request for annexation and zoning.
Section 2. That the property shall be subject to de~-
annexatian if the owner shall not meet the following requirements:
a. That the Applicant will be required to connect to
Meridian water and sewer at his expense and resolve how
,the water and sewer mains will serve the land; the City
may enter into a late comers agreement for the extension
of the City sewer and/or water, if requested by the
Applicants.
b. That the development of the property shall be subject to
and controlled by the Subdivision and Development
Ordinance and the Meridian Comprehensive Plan adopted
January 4, 1994, and shall only be developed as a
commercial or general planned development ar under the
conditional use process.
c. That, as a condition of annexation, the Applicant shall
be required to enter into a development agreement as
authorized by 11-~~-416 L and 11-~-417 D prior to the
issuance of any building permit or plat approval which
ever comes first; that the development agreement shall
address inclusion into the subdivision of the
requirements of 11-9-605 C, G 1., H, K, and L of the
Revised and Compiled Ordinances of the City of Meridian
and other matters; that the property may be de-annexed if
the terms and conditions of the Development Agreement are
not satisfied.
d. That the development of annexed land must meet and comply
with the Ordinances of the City of Meridian and in
particular Section 11-9-616, which pertains to
development time schedules and requirements, 11-9-605 M.
which pertains to the tiling of ditches and waterways,
and 11-9--606 B 14. which pertains to pressurized
irrigation.
e. That these conditions shall run with the land and bind
the Applicant, the titled owners, and their assigns.
f. Meet the requirements and conditions of the Findings of
Fact and Conclusions of Law and meet the Ordinances of
the City of Meridian, which include that the property
ANNExATI4N 4RDINANOE - HA5EIN/GREEN---C~-G Page 2
must be developed as a commercial or general planned
development or under the conditional use permit process.
g. That the Applicant is required to hook up to the sewer
and water and participate in the costs of extending the
sewer and water services through the payment of late-
comer's fees.
Section 3 . That the City Clerk shall cause one (1) copy of
the legal description, and map, which shall plainly and clearly
designate the boundaries of said property, to be filed with the Ada
County Recorder, Ada County Assessor, and the State Tax Commission
within ten ~10~ days following the effective date of this
Ordinance.
Section 4. EFFECTIVE DATE: There being an emergency,
which emergency is hereby declared to exist, this Ordinance shall
be in full force and effect from and after its pas sage and approval
as required by law.
PASSED by the City Council and approved by the Mayor of the
. ~~.
Cit of Meridian Ada Count Idaho this ~- da of
y r Yr , Y
August, 1996.
APPRQVED:
Y~
GR - ~- ROBERT D . CGRRIE
~~ ~1~~~~tti~4[~fltfl~ll~fl
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ATTEST. ~. '~
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WILLIAM G. BERG, JR. C Y CLERK r,~ ~ r ~~.~ , ~,~ ~~.
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ANNEXATION ORDINANCE - HASKIN/GREEN~-~C~G Page 3
~~
STATE OF IDAHO,
ss.
County of Ada, ~
I, WILLIAM G. BERG, JR., City Clerk of the City of Meridian,
Ada County, Idaho, do hereby certify that the above and foregoing
is a true, full and correct copy of an ordinance entitled "AN
ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN TRACT
of LAND SITUATED IN THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 of
SECTION 8, TOWNSHIP 3 NORTH, RANGE l EAST, BOISE MERIDIAN, ADA
COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE."; passed as
ordinance No. 737, b the City Council and Mayor of the City of
~,
Meridian, an the day of August, 19 9 6 , as the same appears a.n
my office .
DATED this ~~
STATE OF IDAHO,
ss.
County of Ada, ~
On this ~ ~
a Notary Public in
G. BERG, JR. known
to the within and
executed the same.
day of Augusts 1996.
~' ~ 1t1~lfft~~lr
Ci y Clerk, City of M i ~, ~'~~~~
Ada County, Idaho ~k~~ ~- '' '~~,
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day of August, 1996, before me, the undersigned,
and for said State, personally appeared WILLIAM
to me to be the person whose name is subscribed
foregoing instrument, and acknowledged that he
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year in this certificate first above
Written. ~~~~~~C~~~~~~rrrr~r
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iding at Meridian, Idaho
Commission Expires ~~
ANNEXATIGN GRDINANCE - HASKIN/GREEN---C-G Page 4
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ORDINANCE NC. 73~
AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND BONING CERTAIN
REAL PROPERTY WHICH IS DESCRIBED AS A PARCEL OF LAND SITUATED IN
THE NW l/4 OF THE NE 1/4 DF SECTION 7, TOWNSHIP 3 NORTH, RANGE l
EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City Council and the Mayor of the City of
Meridian, 2daho, have concluded that it is in the best interest of
said City to annex to the said City real property which is
described in Section 1 below:
NOW, THEREFORE, BE IT ORDAINED by the Mayor and City
Council of the City of Meridian, Ada County, Idaho:
Section 1. That the real property described as:
A parcel of land situated in the NW 114 of the NE 114 of
~ ~~ ~ ~ ~ ~} Section 7, Township 3 North, Range 1 East, Boise
'~ ~ Meridian Ada Count Idaho more articularl described
~ yr - P y
as follows
' ~ ` ` - ~ ~ ~ `~ ~~ `~"~ `` ~t~ ' ' Commencing at the 1 / 4 corner common to Sections 6 and 7 ;
~1 r 1
v ~ ~ ~ ~}; ~ ~ ~ ~ ~ ~ ~° ~' ~ thence along the North line of said Section 7 , S
~'~~~~ ~= ,;_t 89°28'06" E a distance of 180.00 feet to a point;
r
thence S 00°34'44" W a distance of 45.78 feet to the
~~ ~--~~~~ ~ ~ ~~~~`~ ~~ ~~ southerly rights-of-way line of Fairview Avenue, a 518
Inch Iron pin and cap marked "RAJ 943", THE PAINT OF
~.. ,_., ... ~u. ~ .~ .. INNING,
~ !_.
thence along said rights-of-way line N 89°11'04" E a
distance of 10.95 feet to a Brass Cap set in concrete,
marked station 47+16.6;
thence continuing along said rights-of -way on a curve to
the right having a Delta of 00°08'33", a Radius of
5 5 , 916.0 2 feet , a Tangent of 6 9.5 3 feet , a Chord Bearing
of N 89 ° l5' ~ 0" E, a Chard distance of 139.06 feet, an Arc
Length of 13 9.0 6 feet to a paint which bears S 0 0 ° 3 4 ' 4 6 "
W a distance of 0. ~5 feet from a 518 inch iron pin and
cap marked "JOB 944";
thence leaving said rights-of-way line S 00 ° 34' 4 6" W a
distance of 69.75 feet to the South line of the NW 114
of the NW 114 of the NE 114 of said Section 7 , a 518 inch
iron pin and cap marked "RAJ 943";
ANNE7CATION ORDINANCE - JOHNSON\KOUBA Page 1
thence along the said South line of the NW 114 of the NW
114 of the NE 114 of said Section 7, N 89°42'38" W a
distance of 330.00 feet to the SW corner of the NW l/4 of
the NW 114 of the NE l / 4 of said Section 7 , a 518 inch
Iran pin and cap marked "Hubble 4999";
thence along the North-South centerline of said Section
7, N 0°34'44" E a distance of 373.56 feet to a 518 inch
iron pin and cap marked "RAJ 943", which bears S
00°34'44" W a distance of 300. oo feet from said 114
corner common to Sections 6 and 7;
thence S 89°28'06" E a distance of 180.00 feet to a 518
inch iron pin and cap marked "RAJ 943";
thence N 00°34'44" E a distance of 254.22 feet to THE
~PGINT GF BEGINNING.
Also a portion of Fairview Avenue, as shown on the
official plat of U,S. Highway No. 30, project No. F-
32$1~5~ highway survey on file in the office of the
Department of Highways of the State of 2daho, mare
particularly described as follows:
A strip of land in the N 112 of the NW 114 of the NE 114
of Section 7, Township 3 North, Range l East, Boise
Meridian and the S 112 of the SW 114 of the SE 114 of
Section 6, Township 3 North, Range 1 East, Boise
Meridian, to wit:
Commencing at the l/4 corner common to said Sections 6
and 7, THE PINT OF BEGINNING;
thence along the centerline of Fairview Avenue N
$9°11'04" E a distance of 189.82 feet to a point of
curvature;
thence continuing along said centerline on a 00°06'09"
curve to the right, having a Delta of 00 ° OS' 37", a Radius
of 55,966.02 feet, a Tangent Length of 70.14 feet, a
Chord Bearing of N 89°15'22" E, and a Chord Distance of
14 0.2 8 feet, an Arc Length of 14 0.2 8 feet to a point;
thence leaving said centerline S 00°34"46" W a distance
of 50.01 feet to the southerly Rights-of-Way line of
Fairview Avenue;
thence along said southerly Rights-of-Way line on a
00°06'09" curve to the left, having a Delta of 00°08'33",
a Radius of 55,916.02 feet, a Tangent Length of 69.53
feet, an Chord Bearing of S 89°15'20" W, and a Chord
Distance 139.06 feet, an Arc Length 139.06 feet to a
Brass Cap set in concrete, marked station 47+16.6, the
point of tangency;
ANNE~ATIQN ORDINANCE - JCHNSDNIKCUBA Page ~
thence continuing along said southerly Rights-of-Way line
S 89 ° 11' 04 " W a distance of 10.98 feet tv a 518 inch iron
pin and cap marked "RAJ 943";
thence continuing along said southerly Rights-of-Way line
S 89°ll'04" W a distance of 87.82 feet to a paint;
thence leaving said southerly Rights--of ~-Way line N
00°48'56" W a distance of 47.86 feet to a point on the
section line common to Sections 6 and 7;
thence along said section line N 89°Z8'06" W a distance
of 91.04 feet to THE PAINT of BEGINNING,
is hereby annexed to the City of Meridian, and shall be zoned C-~G
General Retail and Service Commercial; that the annexation and
zoning is subject to the conditions referenced in the Findings of
Fact and Conclusions of Law as adopted by the Meridian Council on~
the request for annexation and zoning; that all ditches, canals and
waterways shall be tiled, including those that are praperty
boundaries or only partially located on the praperty.
Section 2. That the property shall be subject to de-
annexation if the owner shall not meet the following requirements:
a. That the Applicant will be required to connect to
Meridian water and sewer and resolve how the water and
sewer mains will serve the land.
b. That the development of the property shall be subject to
and controlled by the Zoning ordinances, the Subdivision
and Development Ordinance, and the Meridian Comprehensive
Plan adopted January 4, 1994»
c. That, as a condition of annexation, the Applicant shall
be required to enter into a development agreement as
authorized by 11-~-~416 L and 11~-2-417 D; that the
development agreement shall address inclusion into the
subdivision of the requirements of 11-9-605 C, G l., H,
K, L and M of the Revised and Compiled Ordinances of the
City of Meridian, and other matters; that the property
may be de-annexed if the terms and conditions of the
Development Agreement are not satisfied.
d. That the development of annexed land must meet and comply
with the Ordinances of the City of Meridian and in
particular Section 11-9-616, which pertains to
ANNEBATION ORDINANCE - JOBNSON~ROUBA Page 3
development time schedules and requirements, and 11--9-645
M which pertains to the tiling of ditches and waterways .
e. That these conditions shall run with the land and bind
the Applicant, the titled owners, and their assigns.
f. That the Applicant shall meet the requirements and
conditions of the Findings of Fact and Conclusions of
Law, particularly, but not limited thereto, Conclusion of
Law Nas . l 2 , l 7 , 19 , 2 4 , and 2 3 , and that the property be
developed as a commercial planned development or under
the conditional use permit process, and the Applicant
shall meet the requirements of the Conditional Use
Permit, and meet the Ordinances of the City of Meridian.
Section 3 . That the City Clerk shall cause one ~ 1 } copy of
the legal description, and map, which shall plainly and clearly
designate the boundaries of said property, to be filed with the Ada
County Recorder, Ada County Assessor, and the State Tax Commission
within ten X10} days following the effective date of this
Ordinance.
Section 4. EFFECTIVE DATE: There being an emergency,
which emergency is hereby declared to exist, this Ordinance shall
be in full force and effect from and after its passage and approval
as required by law.
PASSED by the City Council and approved by the Mayor of the
Cit of Meridian Ada Count Idaho this ~ da of Au ust 1996.
Y - y - - y ~' -
APPROVED:
R --~- ROBERT D . CORRIE
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ATTEST: ~~` '~~ ` ~~ ~~
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WILLIAM G. BERG, JR, -- CITY CLERK ~, ~~ _~~
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ANNE~ATI4N aRDINANCE - J~HNS~N KQUBA f~~f't4 ~~~~~~~~'~ ~ ~ ,~~`~~ Pa e 4
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STATE OF IDAHO,
ss.
County of Ada, }
I, WILLIAM G. BERG, JR., City Clerk of the City of Meridian,
Ada County, Idaho, do hereby certify that the above and foregoing
is a true, full and correct copy of an Ordinance entitled "AN
ORDINANCE DF THE CITY OF MERIDIAN ANNEKING AND ZONING CERTAIN REAL
PROPERTY WHICH IS DESCRIBED AS A PARCEL OF LAND SITUATED IN THE NW
l/4 OF THE NE 1/4 OF SECTION 7, TOWNSHIP 3 NQRTH, RANGE 1 EAST,
BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE
DATE."; passed as Ordinance No. 736, by the City Council and Mayor
of the City of Meridian, an the day of August, 1996, as the
same appears in my office.
~~
DATED this '~ day of August, 1996.
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City Clerk, City
Ada County, Idaho
STATE OF IDAHO,
SS.
County of Ada, ~
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4n his day of August, 19 9 6 , bef are me, the undersigned,
a Notary Public in and far said State, personally appeared WILLIAM
G. BERG, JR. known to me to be the person whose name is subscribed
to the within and foregoing instrument, and acknowledged 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.
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ANNEXATION ORDINANCE ~ JOHNSONIKOUBA Page 5
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BEFORE THE MERIDIAN CITY COUNCIL
APPLICATION OF CAMERON CORDOVA
FOR A VARIANCE TO THE LOT FRONTAGE
LOT 2, BLOCK l3, TRACT SUBDIVISION NO. 4
MERIDIAN, IDAHO
FINDINGS OF FACT AND CONCLUSIONS OF LAW
The above entitled matter having came on for public hearing
July l6, 1996, at the hour of 7:34 o'clock p.m., an said date, at
the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, the
Applicant, Cameron Cordova, appearing in person, and the City
Council having heard and taken oral and written testimony, the City
Council of the City of Meridian makes the following Findings of
Fact and Conclusions:
FINDINGS OF FACT
1. That a notice of a public hearing on the Variance
Application was published for two ~Zj consecutive weeks prior to
the said public hearing scheduled for July 16, 1996, the first
publication of which was fifteen ~15~ days prior to said hearing;
that the matter was duly considered at the July 16, 1996, hearing;
that copies of all notices were available to newspaper, radio and
television stations.
2. That this property is located within the City of Meridian
FINDINGS OF FACT AND CONCLUSIONS OF LAW -- CORDOVA
Page - 1
.,. 4
~:,
and the Applicant is the owner of the property which is described
in the application which description is incorporated herein.
3. That the property is zoned R-8, Medium Density
Residential and is located on Lat 2 , Block 13 Tract Subdivision No.
4; that the present zoning requires a 24 foot front yard setback.
4. That the Applicant has requested that he be granted a
variance from the lot frontage at building setback on Lot 2 Black
13, Tract Subdivision #4 and be allowed to have the set back
reduced in length by 24 inches.
5. The Applicant stated in the Application that this lot is
an odd-shaped corner lot and that the fire hydrant does not sit on
the corner of Couger and Mule Deer but has been placed on the side
of the property approximately 2D feet off the corner on Couger
Street where the garage entrance is, therefore the house and garage
were shifted around sa as to clear the hydrant; that the garage
portion of the structure will encroach on the 24 foot setback by 24
inches, which will still make the building 24 feet from top back
side of sidewalk; that it was a mis-interpretation on the
.Applicants part that setbacks were measured from top back edge of
side walk and that other properties in the same district are
generally 2~-22 feet from top back edge of sidewalk.
5. Mr. Cordova further stated in the Application that the
granting of this variance would allow him to build a house and
garage of like value to others in the neighborhood and that the
house and property's appraisal would be no greater as a result of
the variance.
FINDINGS CF FACT AND CQNCLUSIONS OF LAW - CgRDCVA
Page - 2
6, That the Assistant to the City Engineer, Bruce
Freckleton, submitted comments and they are incorporated herein as
if set forth in full; that the site of this variance was visited at
the time the walls of the house were being framed but the driveway
hadn't been poured; that there is an existing fire hydrant that
will be close to where the driveway will more than likely be; that
it would be a good idea to install protective pipe bollards around
the hydrant to protect it from someone backing out of the garage;
that the Applicant shall coordinate type and placement location
with the Meridian Water Department.
7. That the Meridian City Police Department and Meridian
City Fire Department submitted comments and they are incorporated
as if set forth herein.
8. Mr. Cordova testified at the public hearing that the
house was under construction and the driveway was being prepared to
be poured when the property pin was discovered by the inspector;
the property was staked all aut with all setbacks and it was made
sure that the house was going to fit the way the prospective buyers
needed it to; that none of the staked pins were located; Mr.
Cordova did admit to this being an error on his part as he thought
the set back was measured from the top side of the sidewalk; that
he did not know the property pins were inside two ~2~ feet.
Mr. Cordova added that he usually builds houses in the
mountains or on large 5 to l0 acre parcels where he doesn't have
this kind or problem.
~. Councilman Morrow questioned how the Applicant could set
FINDINGS OF FACT AND CONCLUSIONS OF LAW - CORDOVA
Page - 3
the house on all points and yet miss on this one point. In
response to this question, Mr. Cordova stated that upon the
inspector's findings, the corner was not shaved off but instead,
made a bay window and then the front corner, that was a den, had to
have 16 inches taken off; that these changes were made on the spot
upon the discovery of the inspector; that he attempted to take 2
feet off of the garage area but it would have made it
dysfunctional; that the deepest bay would be 19 feet and then the
next would be 17 feet and then 15 feet; that a variance is asked
for on the garage area; he stated that this would not occur again.
7. City Engineer, Gary Smith, recalled a similar setback
problem in Chateau Meadows Subdivision and that the Council did
approve a variance in that instance; that technically, this house
is not in compliance but from a practical standpoint, it probably
wouldn't be seen if adjustments are made.
8. Councilman Morrow added that typically, three ~3~ car
garage bays will be the shortest at 20 feet, the longer two bays
will be either 22 feet deep ar 24 feet deep; that the Applicant's
comment to this being an undersized nonfunctional garage at 16, l8
and l9 feet are accurate.
9. That no person appeared at the hearing objecting to the
variance application, and no other testimony was taken.
coNCLVSZONs
1. That all the procedural requirements of the Local
Planning Act and of the ordinances of the City of Meridian have
FINDINGS of FACT AND CONCLUSIONS of LAW - CoRDOVA
Page -- 4
been met including the mailing of notice to owners of property
within ADO feet of the external boundaries of the Applicant's
property.
~. That the City has authority to grant variances pursuant
to Section 11-2-419 of the Zoning ordinance and pursuant to Section
11-9-~61Z of the Development ordinances.
3. That the City Council has judged this application by the
guidelines, standards, criteria, and policies contained in the
Zoning Ordinance and upon the record submitted to it and the things
upon which it may take judicial notice.
4. That the Council may take judicial notice of its own
proceedings, those of the Commission, governmental statutes,
ordinances, and policies, and of actual conditions existing within
the City and the State.
5. That the following provisions of Section 11-2-419 A, of
the Zoning Drdinance is noted which is pertinent to the
Application:
11-2-419 A.
The Council may authorise in specific cases a variance
from the terms of this Drdinance ar from the Subdivision
and Development Ordinances as will not be contrary to the
public interest where, owing to special conditions, a
literal enforcement of the provisions of this ordinance
would result in unnecessary hardship. No non-conforming
use of neighboring lands, structures or buildings in the
same district and no permitted or non-conforming use of
lands, structures ar buildings in other districts shall
be considered grounds for issuance of a variance.
Variances shall be granted only where strict application
of the provisions of this Ordinance would result in
unnecessary hardship. A variance application does not go
to the Commission unless directed by the Council.
FINDINGS DF FACT AND CONCLUSIONS OF LAW - CORDOVA
Page - 5
6. That the specific requirements regarding a variance
that must be evidenced and found by the City Council are as
follows:
11-2-419 C. FINDINGS
A variance shall not be granted unless has a result of a
public hearings the Council makes a statement of
supportive reasons based directly on the evidence
presented to it which supports conclusions that the
mentioned standards and conditions of this Ordinance have
been met by the applicant and unless all of the fallowing
exist:
1. That there are such special circumstances
or conditions affecting the property that the
strict application of the provisions of this
Ordinance would clearly be impracticable or
unreasonable;
2. That strict compliance with the
requirements of this Ordinance would result in
extraordinary hardship to the owner,
subdivider or developer because of unusual
topography, other physical conditions or other
conditions which are not self-inflicted, or
that these conditions will result in
inhibiting the achievements or the objectives
of this Ordinance;
3. That the granting of the specified
variance will not be detrimental to the
public's welfare, or injurious to other
property in the area in which the property is
situated;
4. That such variance will not have the
effect of altering the interest and purpose of
this Ordinance and the Meridian Comprehensive
Plan.
7. That it is concluded that the placement of the house on
the lot to accommodate the fire hydrant which is approximately ~~
feet of the corner of the property on Cougar Street, is a feature
over which the Applicant, who is the builder, had no control;
FINDTNGS OF FACT AND CONCLUSIONS OF LAW ~- CORDOVA
Page - 6
~..
however, the violation of the set back requirement was made by the
builder, the Applicant.
S. That there does appear to be a specific benefit or
profit, economic gain or convenience to the Applicant since if the
variance is not granted the house would be required to be moved
which would require it to be demolished and construction started
over; that it is not unreasonable to grant the variance, but not
required.
9. That regarding Section 11~Z~419 C it is specifically
concluded as follows:
a. That there are special circumstances ar conditions
affecting the property that the strict application of the
provisions of the set back Ordinance would be
unreasonable since no adjacent property owners objected
to the Application.
b. That strict compliance with the requirements of the
set back Ordinance would result in extraordinary hardship
to the Applicant as a result of factors self inflicted
but the structure particularly involved, the garage,
would be adversely impacted, but the home itself does
meet the set back requirement.
c . That the granting of the specified variance would not
be detrimental to the public's welfare or injurious to
other property in the area in which the property is
situated.
d. That such variance would not have the effect of
altering the interests and purposes of the set back
Ordinance or the Meridian Comprehensive Plan.
1D. That it is concluded the Application should be granted.
FINDINGS CF FACT AND CONCLUSIONS OF LAW w CORDOVA
Page -- 7
APPRQVAL 4F FINDINGS 4F FACT AND CQNCLUSIQNS
The City Council of the City of Meridian does hereby adopt
and approve these Findings of Fact and Conclusions.
ROLL CALL;
COUNCILMAN MORROW
COUNCILMAN BENTLEY
COUNCILMAN ROUNTREE
COUNCILMAN TOLSMA
MAYOR CORRIE (TIE BREAKER)
APPROVED:
VOTED
VOTED
VOTED ,
VOTED
VOTED
DISAPPROVED:
DECISION
That it is decided that the Application far a variance to the
front setback requirement for Lot ~, Block 13, Tract Subdivision
No. 4 is hereby granted as it relates to the placement of the
garage only, and it must be placed at a set back of eighteen ~18~
feet, or more.
FINDINGS OF FACT AND CONCLUSIONS CF LAW - CORDOVA
Page ~ 8