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HomeMy WebLinkAboutCherry Lane Golf Course CUP AppTRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: May 7, 1999 TRANSMITTAL DATE: May 6, 1999 HEARING DATE:_ May 11, 1999 FILE NUMBER: CUP -99-009 REQUEST: SUPPLEMENTAL INFORMATION --CONDITIONAL USE PERMIT FOR A GOLF COURSE CLUBHOUSE & PARKING LOT & TEMPORARY CLUBHOUSE BY: CHERRY LANE RECREATION INC LOCATION OF PROPERTY OR PROJECT: 4200 TALAMORE BLVD _ TAMMY DE WEERD P/Z MALCOLM MACCOY, P/Z THOMAS BARBEIRO, P/Z BYRON SMITH, P/Z _KEITH BORUP, P/Z _ROBERT CORRIE, MAYOR RON ANDERSON, C/C _CHARLIE ROUNTREE, C/C _KEITH BIRD, C/C _GLENN BENTLEY, C/C _WATER DEPARTMENT _SEWER DEPARTMENT _BUILDING DEPARTMENT _FIRE DEPARTMENT _POLICE DEPARTMENT _CITY ATTORNEY _CITY ENGINEER _CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO:(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANNEXATION) YOUR CONCISE REMARKS: Mayor HUB OF TREASURE VALLEY ? ROBERT D. CORRIE v A Good Place to Live LEGAL DEPARTMENT Council h"um CITY OF MERIDIAN (208) 884-4264 CHARLES ROUNTREE PUBLIC WORKS GLENN BENTLEY 33 EAST IDAHO BUILDING DEPARTMENT MERIDIAN, IDAHO 83642 (208) 887-2211 RON ANDERSON Phone (208) 888-4433 - Fax (208) 887-4813 KEITH BIRD PLANNING AND ZONING DEPARTMENT (208)884-5533 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: May 7, 1999 TRANSMITTAL DATE: May 6, 1999 HEARING DATE:_ May 11, 1999 FILE NUMBER: CUP -99-009 REQUEST: SUPPLEMENTAL INFORMATION --CONDITIONAL USE PERMIT FOR A GOLF COURSE CLUBHOUSE & PARKING LOT & TEMPORARY CLUBHOUSE BY: CHERRY LANE RECREATION INC LOCATION OF PROPERTY OR PROJECT: 4200 TALAMORE BLVD _ TAMMY DE WEERD P/Z MALCOLM MACCOY, P/Z THOMAS BARBEIRO, P/Z BYRON SMITH, P/Z _KEITH BORUP, P/Z _ROBERT CORRIE, MAYOR RON ANDERSON, C/C _CHARLIE ROUNTREE, C/C _KEITH BIRD, C/C _GLENN BENTLEY, C/C _WATER DEPARTMENT _SEWER DEPARTMENT _BUILDING DEPARTMENT _FIRE DEPARTMENT _POLICE DEPARTMENT _CITY ATTORNEY _CITY ENGINEER _CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO:(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANNEXATION) YOUR CONCISE REMARKS: NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:00 p.m. on May 11, 1999 for the purpose of reviewing and considering the application of Cherry Lane Recreation Inc. for a conditional use permit for a golf course clubhouse and parking lot with temporary clubhouse facilities, which is generally located at 4200 Talamore Blvd. A more particular description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. DATED this 19th day of April, 1999 PUBLISH, April 21& May 5, 1999. WILLIAM G. BENO, JR., On<IERK ** TX CONFIRAN REPORT ** DATE TIME TO/FROM 11 04/19 12:07 208 888 109? AS OF APR 19 09 12:07 PAGE. 01 CITY OF MERIDIAN MODE MIN/SEC PGS CMD# STATUS EC --S 00'31" 001 138 OK NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:00 p.m. on May 11, 1999 for the purpose of reviewing and considering the application of Cherry Lane Recreation Inc. for a conditional use permit for a golf course clubhouse and parking lot with temporary clubhouse facilities, which is generally located at 4200 Talamore Blvd. A more particular description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. DATED this 19'' day of April, 1999. WILLIAM G. BERG, JR., CVrY CLERK ��nturr U tl Rrool�� PUBLISH, April 218 May 5, 1999. ��` y Orr IR�Ir ��. TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: MAY 4. 1999 TRANSMITTAL DATE: April 12, 1999 HEARING DATE: MAY 11, 1.9.99 FILE NUMBER: CUP -99-009 REQUEST: ADDITIONAL INFORMATION-- WARRANTY DEEDS ARE ON FILE AT THE CITY CLERK'S OFFICE FOR THE CONDITIONAL USE PERMIT FOR A GOLF COURSE CLUBHOUSE & PARKING LOT BY: CHERRY LANE RECREATION INC LOCATION OF PROPERTY OR PROJECT: 4200 TALAMORE BLVD TAMMY DE WEERD P/Z MALCOLM MACCOY, P/Z THOMAS BARBEIRO, P/Z BYRON SMITH, P/Z _KEITH BORUP, P/Z _ROBERT CORRIE, MAYOR RON ANDERSON, C/C _CHARLIE ROUNTREE, C/C _KEITH BIRD, C/C _GLENN BENTLEY, C/C _WATER DEPARTMENT _SEWER DEPARTMENT _BUILDING DEPARTMENT _FIRE DEPARTMENT _POLICE DEPARTMENT _CITY ATTORNEY _CITY ENGINEER _CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANNEXATION) YOUR CONCISE REMARKS: W HUB OF TREASURE VALLEY - Mayor ROBERT D. CORRIE A Good Place to Live LEGAL DEPARTMENT Council Mems CITY OF MERIDIAN (208) 884-4264 CHARLES ROUNTREE 33 EAST IDAHO PUBLIC WORKS BUILDING DEPARTMENT GLENN BENTLEY MERIDIAN, IDAHO 83642 (208) 887-2211 RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING KEITH BIRD DEPARTMENT (208)884-5533 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: MAY 4. 1999 TRANSMITTAL DATE: April 12, 1999 HEARING DATE: MAY 11, 1.9.99 FILE NUMBER: CUP -99-009 REQUEST: ADDITIONAL INFORMATION-- WARRANTY DEEDS ARE ON FILE AT THE CITY CLERK'S OFFICE FOR THE CONDITIONAL USE PERMIT FOR A GOLF COURSE CLUBHOUSE & PARKING LOT BY: CHERRY LANE RECREATION INC LOCATION OF PROPERTY OR PROJECT: 4200 TALAMORE BLVD TAMMY DE WEERD P/Z MALCOLM MACCOY, P/Z THOMAS BARBEIRO, P/Z BYRON SMITH, P/Z _KEITH BORUP, P/Z _ROBERT CORRIE, MAYOR RON ANDERSON, C/C _CHARLIE ROUNTREE, C/C _KEITH BIRD, C/C _GLENN BENTLEY, C/C _WATER DEPARTMENT _SEWER DEPARTMENT _BUILDING DEPARTMENT _FIRE DEPARTMENT _POLICE DEPARTMENT _CITY ATTORNEY _CITY ENGINEER _CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANNEXATION) YOUR CONCISE REMARKS: y . ~ PIONEER TITLE COMPANY Ir OF ADA COUNTY � d Q pja 821 West State Street / Boise, Idaho 83702 (208) 336-6700 888 North Cole Road / Boise, Idaho 83704 (208) 377-2700 �60827JU ADA 0U. Fi=JJRCEP, Ah I :.:;-,.IVA Pn BOISE ID PIONEER TITLE Co. '96 OCT 3 P(12 FEE /D RECORDED di iii;. i:`-0 LST OF ACCOMMODATION SPACE ABOVE FOR RECORDING DATA '�i?i><�>lTlu?u�1u�dG3G?Q1,��,13I�,A��1,adG�>C� C CJ,JI1t.�A�G�IA�dGJ�ZU!>�'�A1�O�l0��J.'�t.?G>G�Av t1 t1 t1�, CORRECTION WARRANTY DEED rA (INDIVIDUAL) i• FOR VALUE RECEIVED MARY R. BARNEY AS PERSONAL REPRESENTATIVE OF THE ESTATE OF KENT G. BARNEY AND MARY R. BARNEY, A WIDOW Z GRANTORM does (do) hereby GRANT, BARGAIN, SELL and CONVEY unto Z CITY OF MERIDIAN GRANTEE(S), whose current address is: 33 E. IDAHO AVE., MERIDIAN, IDAHO 83642 s the following described real property in ADA more particularly described as follows, to wit: County, State of Idaho, SEE EXHIBITS "A", "B" AND "C" ATTACHED HERETO AND MADE A PART HEREOF P THIS CORRECTION DEED IS GIVEN TO CORRECT ERRORS IN THE LEGAL DESCRIPTION OF EXHIBIT "A" ON THAT CERTAIN WARRANTY DEED RECORDED 12-19-95 IN ADA COUNTY AS INSTRUMENT NO. 95093287. TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee(s), and Grantees(s) heirs and assigns forever. And the said Grantor(s) does (do) hereby covenant to and with the said Grantee(s), the Grantor(s) is/are the owner(s) in fee simple of said premises; that said premises are free from all encumbrances, EXCEPT those to which this conveyance is expressly made subject and those made, suffered or done by the Grantee(s); and subject to reservations, restrictions, dedications, easements, rights of way and agreements, (if any) of record, and general taxes and assessments, includes irrigation and utility assessments, (if any) for the current year, which are not yet due and payable, and that Grantor(s) will warrant and defend the same from all lawful claims whatsoever. Dated: OCTOBER 4, 1996 yr R Q� �= MARY R. BARNEY AS PERSONAL REPRE ATIVE OF-----�!fC�% THE ESTATE OF KENT G. BARNEY MA^ is STATE OF ID ,Cp , County of ADA Z q , ss. On this OTA}'da of i OCTOBER in the ear of 1996 Z; DAVID E. M� * y before me r _^ N a Notary Public, personally appeared Z known or identifi'� beth(�j whose name(s) IS Z^ instrument, and acl! v4 g subscribed to the within he _ executed the sam IVIDUALL (�ND AS PERS L ESENit^ IVE OF THE ESTATE OIC �'i3ARNEY AND KNOW TO 0 BE THE PERSON WHOS TO THE WITHIN INSTRUMENT AS PERSONAL REPR��jA�tjdj;�;OFT ES CRIBED�, Y AND ACKNOWLEDGED TO ME THAT SHE EXECUTED TH Residing at: Z SAME AS SUCH PERSONAL REPRESENTATIVE. y� Y ommission Expires: Wj pr,;;�iC[r!l(T[i�1?(1�/wwln(1�%l^[lel[1:c1�LYOV[Yll.).r)..l:rt_rt.riff)n^ YY `IY\Yh"ry `r♦" Yy Y1 W`ry Y/'Y,••r,"Yl•:ry VY'W.ri� i hits �iYWJ1061. 2/ 3 EXHIBIT "A" 290 North Maple Grove Road Boise, Ill 83764 (208) 378-6380 1-' PROJECT:' 515062 ax (208) 378-0025 DATE: August 19, 1994 r �� t , Revised: September 30, 1996 DESCRIPTION FOR. STEINER CORPORATION GOLF COURSE 0T:55-BL'OCK.2_ A PORTION OF THE NORTH HALF SECTION 3 T.3N,, R1W., B.M. MERIDIAN; ADA COUNTY, IDAHO ' A parcel of land being a portion of the North County, Idaho and more .� Section 3, T. 3N., R 1W., B.M., Meridian, Ada particularly dcscribcd as follows: Beginning at a Brass cap marking the•Southwest corner of the Northeast R Quarlcr of Section 3, T.3N., I W., .B.M, Meridian, Ada County. Idaho thence North 68000'00" Fact 265.00 feet to an iron pin; thence North 1I051141". East 207.58 feet to an iron pin (formerly North 11044'56" East 207.40 feet);' thence North 04000'14" West 99,94 fent to an iron pin (fofsuerly Nortlr'03"50'00" West 100.00 feet); thence North 03015'37" West 50.00 feet to an iron pin; thence North 031159'40" West luu.I l feet to an iron.pin ('formerly North 0305010" Wit); thence North 86009'17" East 170.14 feet to an iron pin (formerly North 86°10'00"•East); thence North 03050'00" West .140,77 feet t0. an iron pili; thence North 64°06'56" East 76.45 feet to an iron pin; thence North 21°41'34" East 106.19 feet to an iron pin, said iron pin being the REAL POINT OF BEGINNING; thence North 74030'42" Wcst 63.02 feet to an iron pin; thence North 78°20129" West •190,05 feet to an iron pin; thence South 84°53'0.1" West 590.91 feet to an iron pin; thence North 00°30'18" Bast 207.58 feet to an iron pin; thence South 8736'04" East 55.$.21 feet to an iron pin; thence North 81°09'02" East 82.00 feet to an iron pin; thence South WOW' East 223:23 feet to an iron pin; thence South 08°14'56" West 19,7,64 fete to the point of bcgintiing, comprising 3,30 acus, more or lea PYiai'io Ir►nd Surveyors, a division of POWER Engtneers, Inc., an Idaho Corporation SUBJECT T0: A11 existing easements and road rights -Of way of rcoord of appearing on the above-duoribcd Parcel of land. Prepared by: IPacific Land Surveyors JaE/EDN .cwE John T. (Tom) Eddy. P.L.S. 0 EXHIBIT "B" I'ACIF IC LAND SURVEYORS 290 North Maple Grove Road PROJECT: 515062 DATE: August 19, 1994 Boise, ID 83704 (208) 378-6380 FAX (208) 378-0025 DESCRIPTION FOR STEINER CORPORATION GOLF COURSE LOT A PORTION OF THE NORTH -HALF SECTION 3 T.3N., R.1 W., B.M. MERIDIAN, ADA COUNTY, IDAHO A parcel of land being a portion of the^.North a1fH ;Section 3, T.3N., R.1 W., B.M., Meridian, Ada County, Idaho and more particularly described as follows: Beginning at a Brass cap marking the Southwest corner of the Northeast Quarter of Section 3, T.3N., R.1 W., B.M., Meridian, Ada County, Idaho said brass cap being the REAL POINT OF BEGINNING; thence North 75030'00" West 190.00 feet to an iron pin; thence North 40000'00" West 40.00 feet to an iron pin; thence South 75°59'31" West 70.00 feet to an iron pin; thence South 25000100" West 64.19 feet to an iron pin; thence North 89025'06" West 354.52 feet to an iron pin; thence North 00030'18" East 212.27 feet to an iron pin; thence North 82030'02" East 597.53 feet to an iron pin; thence South 89029'45" East 351.50 feet to an iron pin; thence South 11051'41" West 198.82 feet to an iron pin; less. thence South 68000'00" West 265.00 feet to the point of beginning, comprising 5.12 acres, more or Pacific Land Surveyors, a division of POWER Engineers, Inc., an Idaho Corporation SUBJECT TO: All existing easements and road rights-of-way of record or appearing on the above-described Parcel of land. Prepared by: Pacific Land Surveyors JTE/EDM:CWE John T. (Tom) Eddy, P.L.S. PACIFIC LAND SURVEYORS 9 EXHIBIT "C" 290 North Maple Grove Road i 1%WJ"-1 ..71JVoz DATE: February 7, 1995 Excess Property Boise, ID 83704 (208) 378-6380 FAX (208) 378-0025 DESCRIPTION FOR KENT BARNEY A PORTION OF THE WEST -HALF SECTION 3 T.3N., R.1 W., B.M. MERIDIAN, ADA COUNTY, IDAHO A parcel of land being a portion of the: West=half, Section 3, T.3N., R.1 W., B.M., Meridian, Ada County, Idaho and more particularly described as follows: Beginning at a Brass cap marking the Southeast corner of the Northeast Quarter of Section 3, T.3N., R.1 W., B.M., Meridian, Ada County, Idaho thence along the Southerly boundary of said Northeast Quarter of Section 3, North 88055129" West 2643.29 feet to a Brass cap marking the Southwest corner of the Northeast Quarter; thence leaving said Southerly boundary North 75030100" West 190.00 feet to a 2" iron pipe; thence North 40000'00" West 40.00 feet to an iron pin; thence South 75°59'31"West 70.00 feet to an iron pin; thence South 25000100" West 64.19 feet to an iron pin; thence North 89025'06" West 254.51 feet to a point, said point also being the REAL POINT OF BEGINNING; thence continuing North 89°25'06" West 100.01 feet to a point; thence South 00°30'11" West 407.92 feet to a point; thence South 68°54'11" East 276.46 feet to a point marking a point of curve; thence along a curve to the right 59.46 feet, said curve having a central angle of 34004' 10", a radius of 100.00 feet, tangents of 30.64 feet and a long chord of 58.59 feet bearing South 51052'06" East to a point marking a point of tang:nt; thence South 34050'01" East 292.99 feet to.a point; thence South 89048'41" East 147.34 feet to a point; thence North 35000'00" West 109.03 feet to a point; thence North 51045'00" West 580.00 feet to a point; less. thence North 00029'44" East 335.18 feet to the point of beginning, comprising 2.00 acres, more or Pacific Land Surveyors, a division of POWER Engineers, Inc., an Idaho Corporation SUBJECT TO: All existing easements and road rights-of-way of record or appearing on the above-described parcel of land. Prepared by: Pacific Land Surveyors JTE/EDM John T. (Tom) Eddy, P.L.S. 66061987 LJ DEED OF GIFT j2Q W THIS DEED OF -GIFT made this 3 day of 1�9 �, t� e n�60 *" RESE�& CENTER, INC., an Idaho Corporation, whose address is 12496,W. Explorgr.Dr., Suite 220,_Boise, Idaho 83713 ("Grantor") and CITY OF MERIDIAN, IDAHO, an Idaho Municip'aftggmratio:n;.vGhose c. address is 33 East Idaho Avenue, Meridian, Idaho 83642 ("Grantee"); WITNESSETH: Section 1. Lonve YCe. AS A GIFT to Grantee, Grantor does hereby grant and convey to Grantee all of the real property located in the County of Ada, State of Idaho, described on "Exhibit A" attached hereto and made a part hereof (hereafter "Subject Real Pioperty"). TOGETHER with all and singular the tenements, hereditaments and appurtenances thereunto belonging or in anywise appertaining. This conveyance by Grantor to Grantee is made subject to the following: All taxes and assessments levied and assessed against the Subject Real Property, including Liens and assessments of any irrigation district, for the year 1997 and thereafter. All such taxes and assessments, including liens and assessments of any irrigation district, for the year 1996 shall be pro -rated between 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 shall be paid by Grantor. Easements and rights-of-way for roads, ditches, tunnels and utilities, which easements and rights-of-way are of record on or before July 12, 1996, at 7:30 a.m. or visible upon a physical inspection of the Subject Real Property. Exceptions, reservations, terms, covenants and conditions of record on or before July 12, 1996, at 7:30 a.m. Section 2. Acceptance. By its acceptance below, Grantee shall be deemed to have accepted and agreed to comply with the conditions and restrictions set forth in this Deed of Gift. IN WITNESS WHEREOF, Grantor has caused its corporate name to be subscribed by its Vice - President pursuant to a resolution of its Board of Directors this al tr( day of A 1996. BOISE RESEARCH CENTER, INC., an Idaho Corporation By._ Vice -President STATE OF IDAHO ) ss: County of Ada ) On this 2-3 day of J , 1996, before me,,the undersigned, a Nota Public i for said State, Nersonall app—earedNotary n and y ID W. TURNBULL, known to me to be the Vice -President of BOISE RESEARCH CENTER, INC., an Idaho Corporation, the Corporation that executed the foregoing instrument or the person who executed the foregoing instrument on behalf of said Corporation, and acknowledged to me that such Corporation 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. Notary Pu i for Idaho Residing a Idaho (SEAL) My Commission Expires: ACCE— PTANCF CITY OF MERIDIAN, IDAHO, an Idaho Municipal Corporation, by its execution below, hereby accepts the terms of the foregoing Deed of Gift, and agrees to accept title to the Subject Real Property subject to the conditions and restrictions set forth therein, and agrees to comply with the same. DATED this -23 day o 1996. STATE OF IDAHO County of Ada `,,,t,,t►► a►llrrrr � d £SEAL 9 ,d0 C ) SS�rrr„rr ►„ttttt��`` CITY OF MERIDIAN, IDAHO, an Municipal Corporation On thisjZ3 day of 1996, before me the undersi ned, a Nota Pu said State, personally appeared _ (_pyo uy� waif Notary blit in and for to be the /1'fCtt p��, known to me Y x Cjiu �ffir,-gni�n of CITY OF MERIDIAN, IDAHO, an Idaho Municipal Corporation, the Corporation tFiat execute the g instrument or the person who executed the foregoing instrument on behalf of said Corporation, and acknowledged to me that such Corporation 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. oT y • ARr a (SEAL) _ • -* rOVB00 Notary Pu If Idaho Residing at Idaho My Commission Expires:_ �Q- Z7-qfj File Number: P150056 EXHIBIT A i A PORTION OF THE -WEST HALFOF SECTION 3, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, MERIDIAN ADA COUNTY, IDAHO, MORE PARTICULARY DESCRIBED AS FOLLOWS: COMMENCING AT THE CORNER COMMON TO SECTIONS 4, 9, 10 AND THE SAID SECTION 3; THENCE NORTH 0 DEGREE 38'11" EAST 2651.19 FEET TO THE QUARTER CORNER COMMON TO SAID AND 4 AS SAME WAS REESTABLISHED BY LS 972 (CP & F INSTRUMENT NO. 7852146 R COUNTY, IDAHO); FROM WHICH THE NORTHWEST CORNER OF SAID SECTION 3 BEARS D SECTIONS 3 NORTH 0 DEGREE 38'27" EAST 2697.49 FEET; THENCE RECORDS OF ADA NORTH 0 DEGREE 38'27" EAST 22.64 FEET TO A 5/8" IRON PIN; THENCE SOUTH 88 DEGREES 55'31" EAST 379.53 FEET TO THE CONTINUING REAL POINT OF BEGINNING; THENCE SOUTH 88 DEGREES 55'31" EAST 182.65 FEET TO A POINT; THENCE SOUTH a DEGREE 18'10" EAST 440.66 FEET TO A POINT; THENCE SOUTH 16 DEGREES 18'25" WEST 218.04 FEET TO A POINT; THENCE NORTH 89 DEGREES 13'51 " EAST 540.22 FEET TO A POINT; THENCE NORTH 71 DEGREES 43'34" EAST 442.46 FEET TO A POINT; THENCE NORTH 10 DEGREES 3350" EAST 487.84 FEET TO A POINT; THENCE SOUTH 88 DEGREES 55'31" EAST 124.84 FEET TO A POINT; THENCE SOUTH 50 DEGREES 38'25"EAST 89.99 FEET TO A POINT; THENCE 165.33FEALONG THE ARC OF CURVE TO THE RIGHT, HAVING A RADIUS OF 250.25 FEET, A CENTRAL ANGLE OF 37 DEGREES 51'08" AND A LONG CHORD BET EARING SOUTH 31 DEGREES 42'52° EAST 162.34 FEET TO A POINT; THENCE A NORTH B9 DEGREES 2944" WEST 120.24 FEET TO A POINT; THENCE SOUTH 4 DEGREE 2717" EAST 80.30 FEET TO A POINT; THENCE SOUTH 0 DEGREE 30'16" WEST 230.52 FEET TO A POINT; THENCE SOUTH 10 DEGREES 31'20" WEST 123.51 FEET TO A POINT; THENCE SOUTH 30 DEGREES 14'07" WEST 119.57 FEET TO A POINT; THENCE SOUTH 50 DEGREES 50'29" WEST 134.39 FEET TO A POINT; THENCE SOUTH 71 DEGREES 28'48" WEST 120.64 FEET TO A POINT; THENCE SOUTH 82 DEGREES 45'52" WEST 225.84 FEET TO A POINT; THENCE SOUTH 89 DEGREES 02'57" WEST 67.30 FEET TO A POINT; THENCE NORTH 89 DEGREES 10'41" WEST 825.06 FEET TO A POINT; THENCE NORTH 77 DEGREES 29'20" WEST 148,07 FEET TO A POINT; THENCE NORTH 89 DEGREES 10'41" WEST 160.40 FEET TO A POINT LYING 65.00 FEET EAST OF THE WEST BOUNDARY OF SAID SECTION 3; THENCE ALONG A LINE 65.00 FEET EAST OF AND PARALLEL TO THE NEST BOUNDARY OF SAID SECTION 3 VORTH 0 DEGREES 38'11" EAST 247.64 FEET TO A POINT; THENCE SOUTH 89 DEGREES 21'49" EAST 156.03 FEET TO A POINT; THENCE 4ORTH 45 DEGREES 03'16" EAST 163.61 FEET TO A POINT; THENCE JORTH 5 DEGREE 39'31" EAST 502.42 FEET TO THE POINT OF BEGINNING. I. ALSO 'ORTION OF THE WEST HALF OF SECTION 3, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE ?RIDIAN, MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: 1MMENCING AT THE CORNER COMMON TO SECTIONS 4, 9, 10 AND THE SAID SECTION 3• THENCE IRTH 0 DEGREE 38'11- EAST 2651.19 FEET TO THE QUARTER CORNER COMMON TO SAID SECTIONS 3 D 4 AS SAME WAS REESTABLISHED BY LS 972 (CP & F INSTRUMENT NO. 7852146. RECORD LINTY, IDAHO); FROM WHICH THE NORTHWEST CORNER OF SAID SECTION 3 BEARS S OF ADA PTH 0 DEGREE 38'27" EAST 2697.49 FEET; THENCE 0 P150056 , 0 NORTH 0 DEGREE 38'27' EAST 22.64 FEET TO A 5/8' IRON PIN; THENCE SOUTH 88 DEGREES 56'31" EAST 1.977-72 FEET TO A 5/8" IRON PIN AND BEGINNING; THENCE SOUTH 0 DEGREE 30'15" WEST 413.59 FEET TO A POINT; THENCE THE REAL POINT OF NORTH 68 DEGREES 54'11" WEST 26.71 FEET TO A POINT; THENCE NORTH 0 DEGREE 30'15" EAST 217.93 FEET TO A POINT; THENCE 211.8 CURVE TO THE LEFT, HAVING A RADIUS OF 249.75 FES AND A LONG CHORD BEARING NORTH 23 DEGREES 47157" WEST 2oS.58 FEET ALONG THE ARC OF A SOUTH O DEGREES '5513 8EA EAST NORTH FEET TO THE POINT EST 205 ANGLE OF 48 DEGREES ENCS OF FEET TO A POINT; THENCE BEGINNING. r� PIONEER TITLE COMPANY OF ADA COUNTY a 821 West State Street / Boise, Idaho 83702 (208) 336-6700 888 North Cole Road / Boise, Idaho 83704 (208) 377-2700 10093287 /'. l:.. . 'J �1. �. .. �'. t,'J -1JLi1. s. Lr;;�i; eoo� '95 DEC 19 Pel ti 06 FEE �(i0 - I:: f ._. REGGRDE., i.. 'i.:... CC;I1:2T GF SPACE ABOVE FOR RECORDING DATA Ilk) WARRANTY WARRANTY DEED 4' (INDIVIDUAL) FOR VALUE RECEIVED KENT G. BARNEY AND MARY R. BARNEY, husband and wife S^ GRANTOR(s) does (do) hereby GRANT, BARGAIN, SELL and CONVEY unto CITY OF MERIDIAN rj GRANTEE(S), whose current address is: 33 E. IDAHO AVE., MERIDIAN, IDAHO 83642 S' the following described real property in ADA more particularly described as follows, to wit: County, State of Idaho, SEE EXHIBIT "A" "B" AND "C" ATTACHED HERETO AND BY REFERENCE MADE A PART HEREOF4 P KNOWN AS GOLF COURSE PROPERTY AT CHERRY LANE TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee(s), and Grantees(s) heirs and assigns forever. And the said Grantors) does (do) hereby covenant to and with the said Grantee(s), the Grantor(s) is/are the owner(s) it fee simple of said premises; that said premises are free from all encumbrances, EXCEPT those to which this conveyance is expressly made subject and those made, suffered or done by the Grantee(s); and subject to reservations, restrictions, dedications, easements, rights of way and agreements, (if any) of record, and general taxes and assessments, includes irrigation and utility assessments, (if any) for the current year, which are not yet due and payable, and that Grantor(s) will warrant and defend the same from all lawful claims whatsoever. Dated: Februar�Ba'r2n—e)y�&��� 1995 C Kent G. Za ry R. Aey Z^ .. STATE OF' Tdah. r County of Ada ss. . ' On this C _ day of February in the year of 1995 before me yS t a Notary Public, personally appeared Z •• known or ide)tlified to mato be the person(s) whose name(s) e nstrum`t{tit, and . i'arknowled subscribed to the within •^� galo me that t he � executed the �s Z; u \, Nota lice— - Residingat: Meridia d o t My Commission Expires:—s/f`�/��9 Y� ;MBMr� riOr�Oti9i�3GYrrit'iii.iDii(><;9P�!ii0f�fli�'O��Vi� n�n:n n c� n r�'tTi� r�:rifrr�[riC�1i^r;'ti^iiryi^lrli^1i^li!'n_.:_r�_ri, 0 EXHIBIT "A" CIF IC LAND SURVEYORS 290 North Maple Grove Road PROJECT: 515062 DATE: August 19, 1994 Revised: November 22, 1994 0 Boise, ID 83704 (208) 378-6380 FAX (208) 378-0025 DESCRIPTION FOR STEINER CORPORATION GOLF COURSE-,-LOT-55-BLOCK-!,2-, A PORTION OF THE NORTH -HALF SECTION 3 T.3N., R 1 W., B.M. MERIDIAN, ADA COUNTY, IDAHO A parcel of land being a portion of the�NoNi-Half; Section 3, T.3N., R 1 W., B.M., Meridian, Ada County, Idaho and more particularly described as follows: Beginning at a Brass cap marking the Southwest corner of the Northeast Quarter of Section 3, T.3N., R- 1 W., B.M., Meridian, Ada County, Idaho thence North 68°00'00" West 265.00 feet to an iron pin; thence North 11°51'41" East 207.58 feet to an iron pin; thence North 03051'05" West 250.05 feet to an iron pin; thence North 86009'17" East 107.14 feet to an iron pin; thence North 03050'00" West 140.77 feet to an iron pin; thence North 64006'56" East 76.45 feet to an iron pin; thence North 21041'34" East 106.19 feet to an iron pin, said iron pin being the REAL POINT OF BEGINNING; thence North 74030'42" West 63.02 feet to an iron pin; thence North 78020'29" West 190.05 feet to an iron pin; thence South 84053'01" West 590.91 feet to an iron pin; thence North 00030'18" East 207.58 feet to an iron pin; thence South 87036'04" East 558.21 feet to an iron pin; thence North 81009'02" East 82.00 feet to an iron pin; thence South 89002100" East 223.23 feet to an iron pin; less. thence South 08014'56" West 197.64 feet to the point of beginning, comprising 3.30 acres, more or Pacific Land Surveyors, a division of POWER Engineers, Inc., an Idaho Corporation 0 SUBJECT TO: • All existing easements and road rights-of-way of record or appearing on the above-described parcel of land. JTEIEDM: C WE Prepared by: Pacific Land Surveyors John T. (Tom) Eddy, P.L.S. 0 EXHIBIT "B" ACIFIC LAND SURVEYORS 290 North Maple Grove Road DATE: August 19, 1994 0 Boise, ID 83704 (208) 378-6380 FAX (208) 378-0025 DESCRIPTION FOR STEINER CORPORATION GOLF COURSE LOT A PORTION OF THE NORTH -HALF SECTION 3 T.3N., RAW., B.M. MERIDIAN, ADA COUNTY, IDAHO A parcel of land being a portion of the North-Half;_Section 3, T.3N., R IW., B.M., Meridian, Ada County, Idaho and more particularly described as follows: Beginning at a Brass cap marking the Southwest corner of the Northeast Quarter of Section 3, T.3N., R 1 W., B.M., Meridian, Ada County, Idaho said brass cap being the REAL POINT OF BEGINNING; thence North 751130100" West 190.00 feet to an iron pin; thence North 40000'00" West 40.00 feet to an iron pin; thence South 75°59'31" West 70.00 feet to an iron pin; thence South 25000100" West 64.19 feet to an iron pin; thence North 89025'06" West 354.52 feet to an iron pin; thence North 00030'18" East 212.27 feet to an iron pin; thence North 82030'02" East 597.53 feet to an iron pin; thence South 89029'45" East 351.50 feet to an iron pin; thence South 11°51'41" West 198.82 feet to an iron pin; less. thence South 68000'00" West 265.00 feet to the point of beginning, comprising 5.12 acres, more or Pacific Land Surveyors, a division of POWER Engineers, Inc., an Idaho Corporation SUBJECT TO: All existing easements and road rights-of-way of record or appearing on the above-described parcel of land. Prepared by: Pacific Land Surveyors John T. (Tom) Eddy, P.L.S. 'ACIFIC LAND SURVEYORS 0 EXHIBIT "C" 290 North Maple Grove Road aaw�c�.t; �1�VOL DATE: February 7, 1995 Excess Property Boise, ID 83704 (208) 378-6380 FAX (208) 378-0025 DESCRIPTION FOR KENT BARNEY A PORTION OF THE WEST -HALF SECTION 3 T.3N., R1W., B.M. MERIDIAN, ADA COUNTY, IDAHO A parcel of land being a portion of the�West-'half,-Section 3, T.3N., R 1 W., B.M., Meridian, Ada County, Idaho and more particularly described as follows: Beginning at a Brass cap marking the Southeast corner of the Northeast Quarter of Section 3, T.3N., RAW., B.M., Meridian, Ada County, Idaho thence along the Southerly boundary of said Northeast Quarter of Section 3, North 88°55'29" West 2643.29 feet to a Brass cap marking the Southwest corner of the Northeast Quarter; thence leaving said Southerly boundary North 75°30'00" West 190.00 feet to a 2" iron pipe; thence North 40000'00" West 40.00 feet to an iron pin; thence South 75°59'31" West 70.00 feet to an iron pin; thence South 25000'00" West 64.19 feet to an iron pin; thence North 89025'06" West 254.51 feet to a point, said point also being the REAL POINT OF BEGINNING; thence continuing North 89025'06" West 100.01 feet to a point; thence South 00°30'11" West 407.92 feet to a point; thence South 68°54'11" East 276.46 feet to a point marking a point of curve; thence along a curve to &e right 59.46 feet, said curve having a central angle of 34004'10", a radius of 100.00 feet, tangents of 30.64 feet and a long chord of 58.59 feet bearing South 51°52'06" East to a point marking a point of tangent; thence South 34°50101" East 292.99 feet to a point; thence South 89°48'41" East 147.34 feet to a point; thence North 35°00'00" West 109.03 feet to a point; thence North 51045'00" West 580.00 feet to a point; less. thence North 00029'44" East 335.18 feet to the point of beginning, comprising 2.00 acres, more or Pacific Land Surveyors, a division of POWER Engineers, Inc., an Idaho Corporation SUBJECT TO: All existing easements and road rights-of-way of record or appearing on the above-described parcel of land. Prepared by: Pacific Land Surveyors JTE/EDM John T. (Tom) Eddy, P.L.S. TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: MAY 4, 1999 TRANSMITTAL DATE: April 7, 1999 HEARING DATE: MAY 11, 1999 FILE NUMBER: CUP -99-009 REQUEST: CONDITIONAL USE PERMIT FOR A GOLF COURSE CLUBHOUSE & PARKING LOT BY: CHERRY LANE RECREATION INC. LOCATION OF PROPERTY OR PROJECT: 4200 TALAMORE BLVD TAMMY DE WEERD P/Z MALCOLM MACCOY, P/Z THOMAS BARBEIRO, P/Z BYRON SMITH, P/Z _KEITH BORUP, P/Z _ROBERT CORRIE, MAYOR RON ANDERSON, C/C _CHARLIE ROUNTREE, C/C _KEITH BIRD, C/C _GLENN BENTLEY, C/C _WATER DEPARTMENT _SEWER DEPARTMENT _BUILDING DEPARTMENT _FIRE DEPARTMENT _POLICE DEPARTMENT CITY ATTORNEY _CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANNEXATION) YOUR CONCISE REMARKS: HUB OF TREASURE VALLEY Mayor ROBERT D. CORRIE A Good Place to Live LEGAL DEPARTMENT Council Members CITY OF MERIDIAN (208) 884-4264 PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT GLENN BENTLEY MERIDIAN, IDAHO 83642 (208) 887-2211 RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING KEITH BIRD DEPARTMENT (208)884-5533 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: MAY 4, 1999 TRANSMITTAL DATE: April 7, 1999 HEARING DATE: MAY 11, 1999 FILE NUMBER: CUP -99-009 REQUEST: CONDITIONAL USE PERMIT FOR A GOLF COURSE CLUBHOUSE & PARKING LOT BY: CHERRY LANE RECREATION INC. LOCATION OF PROPERTY OR PROJECT: 4200 TALAMORE BLVD TAMMY DE WEERD P/Z MALCOLM MACCOY, P/Z THOMAS BARBEIRO, P/Z BYRON SMITH, P/Z _KEITH BORUP, P/Z _ROBERT CORRIE, MAYOR RON ANDERSON, C/C _CHARLIE ROUNTREE, C/C _KEITH BIRD, C/C _GLENN BENTLEY, C/C _WATER DEPARTMENT _SEWER DEPARTMENT _BUILDING DEPARTMENT _FIRE DEPARTMENT _POLICE DEPARTMENT CITY ATTORNEY _CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANNEXATION) YOUR CONCISE REMARKS: 0 0 XFjcF'-1vE.D CITY OF MERIDIAN APR 0 6 1999 APPLICATION FOR A CONDITIONAL USE PERMIT CITY OF AWRIDLAN FL r yup- gq-oo°1 NAME: CHERRY LANE RECREATION INC 8- PHONE:88.4'080 ADDRESS: 2 0 7 Q I NTERLACHEN WAY GENERAL LOCATION: 4200 TALAMORE BLVD. DESCRIPTION OF PROPOSED CONDITIONAL USE: !GoLFrr-ojjgqF, cLuB Hojjgg AND PARKING LOT. ZONING CLASSIFICATION: R- 4 I certify that the information contained herein is true and correct. Signature of Applicant v Social Security Number LEGAL NOTICE OF PUBLIC HEARING Pursuant to established procedure, NOTICE IS HEREBY GIVEN that the Meridian Planning and Zoning Commission will hold a Public Hearing in the Meridian City Hall on at _.m. The purpose of the Hearing is to consider a CONDITIONAL USE PERMIT submitted by the property generally described as located at _ SUBDIVISION, BLOCK , LOT OW for • CITY OF MERIDIAN APPLICATION FOR A CONDITIONAL USE PERMIT 1. APPLICANT j a. NAME b. STREET C. CITY/STATE/ZIP d. PHONE NUMBER 2. OWNERS OF RECORD a. NAME b. STREET C. CITY/STATE/ZIP d. PHONE 3. LEGAL DESCRIPTION 4. PROOF OF OWNERSHIP 5. DESCRIPTION OF EXISTING USE 6. PRESENT USE OF SUBJECT PROPERTY 7. PROPOSED USE OF THE SUBJECT PROPERTY 8. THE DISTRICT (PRESENT ZONING) 9. VICINITY MAP (1"=3001) - 30 COPIES 10. SITE PLAN (1"=501) 11. MAILING LIST OF PROPERTY OWNERS WITHIN 300' y 12. CHARACTERISTICS THAT MAKE A CONDITIONAL USE DESIRABLE 13. FEE 14. STATEMENT THAT APPLICANT AGREES TO PAY ANY ADDITIONAL SEWER, WATFER OR TRASH FEES. 15. STATEMENT THAT APPLICANT VERIFIES CONTENTS. 16. PROPERTY TO BE POSTED 1 WEEK PRIOR TO HEARING (SIGNED AFFIDAVIT THAT THIS WILL BE DONE) - CHERRY LANE RECREATION INC. - 2070 INTERLACHEN WAY - MERIDIAN, IDAHO 83642 - 888-4080 - CITY OF MERIDIAN - 33 E. IDAHO AVE. - MERIDIAN, ID 83642 - 884-5533 - ENCLOSED - ENCLOSED - VACANT/EXIST. GOLF COURSE - VACANT/EXIST. GOLF COURSE - GOLF COURSE CLUB HOUSE AND PARKING LOT - R-4 - ENCLOSED - ENCLOSED - ENCLOSED - CITY REQUIREMENT - ENCLOSED - ENCLOSED - ENCLOSED - ENCLOSED 0 NOTARIZED CONSENT FOR CONDITIONAL USE PERMIT CHERRY LANE GOLF COURSE --CLUB HOUSE April S, 1999 RE: Consent for a Conditional Use Permit for a new club house at Cherry Lane Golf Course As City Clerk of the City of Meridian, I, William G. Berg, Jr., hereby give consent for an application to be submitted for a new club house at Cherry Lane Golf Course. The subject properties, having been deeded to and owned by the City, are generally located at the intersection of W. Talamore Blvd. and W. Harbor Point Dr. Sincerely, William G. Berg, Jr. ert D. Corrie City Clerk �o % Mayor SEAL '{ v State of Idaho) ''`� c�� p 0 ): S.S. ''������;�;►,�e������`. County of Ada) On this day of 0-, 1999, before me, a not public for said State, personally appeared j �jt / i �, known to me to be the persons whose name is subscribed to the withm instrument, and acknowledged to me that he executed the will T�s awk,+9" Oil nes o� ® IN arrow► DJ is ) ®a I\ Notary Abliv, Residing at a'n My Commission Expires 0 • STATEMENT TO CITY OF MERIDIAN I, Wallace D. Lovan, President of Cherry Lane Recreation, Inc. hereby a re the following: g e to I- To pay any additional sewer, water or trash fees and or charges, if any. associated with the use of said property. 2• That I have read the contents of the Conditional Use Permit application and verify that to the best of my knowledge the information contained therein is true and correct. 3. That I will cause to have posted the "Notice of Hearin propert at ast one (1) week �� on said px'ior to hearing. Date Date STATE OF IDAHO ) COUNTY OF ADA � ss. On this day of On this appeared 1999, before me, a notary public in and for said state, Y ppeared Wallace D. Loven, known or identified to me to be the President of Cherry Lane Recreation, Of s ��uaua: corporation, and acknowled °o *F '0,eexecuted the instrument on behalf s m •�i�a�,�osuch corporation executed the 1 e'0 4' .• .• t 160 Je m moo' 140T`j?.V% No Publi• • c •� Residing at y Y�Gu� m CaIdaho o N spU • My Commission Expires j�/3 ICot a • B LIO O me�s,�o3F,1�®,° 0 • I PROPERTY DESCRIPTION - CHERRY LANE CLUBHOUSE PARCEL MARCH 31, 1999 A parcel of land situated in the SE 1-4 of the NW 14 of Section 3, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the center section corner of said section 3; thence N 5946'22"W a distance of 759.17 feet to a point, THE POINT OF BEGINNING; thence S 0030115"W a distance of 163.24 feet to a point; thence N 8230'02"E a distance of 178.49 feet to a point; thence S 0000100"W a distance of 348.02 feet to a point; thence N 9000'00"W a distance of 214.27 feet to a point; thence along a non -tangent curve to the left having a Delta of 22°56'29", a Radius of 249.75 feet, a Tangent of 79.64 feet, a Chord Bearing of N32°57106"W, a Chord distance of 151.76 feet,, and an Arc Length of 154.19 feet to a point; thence N 5038125"W a distance of 94.32 feet to a point; thence along a curve to the left having a Delta of 08°25'33", a Radius of 680.00 feet, a Tangent of 30.24 feet, a Chord Bearing of N53°11'13"W, a Chord distance of 60.43 feet, and an Arc Length of 60.45 feet to a point; thence along a curve to the right having a Delta of 286°28'44", a Radius of 20.00 feet, a Tangent of 18.75 feet, a Chord Bearing of N12°34'36"W, a Chord distance of 27.36 feet, and an Arc Length of 30.13 feet to a point; thence N 30034'50"E a distance of 84.13 feet to a point; thence along a curve to the right having a Delta of 15°16'44", a Radius of 375.00 feet, a Tangent of 141.02 feet, a Chord Bearing of N51°11121"E, a Chord distance of 263.99 feet, and an Arc Length of 269.77 feet to a point; Said parcel containing 2.98 acres more or less. 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NVAOl AIIVM Zi ZMX8 al NIVala3W JO sn'lo -IOJ 3W Aaa3HO 133HS 1 i - - I i1 1 _ 1 1 ' i 1 I 1 Zb9£8 a aIN3W 090b 999 90Z NVAOI AIIVM Z1 AVM A»b 8rU 'N 9£9Z l90Z M 90Z XVd 9LOZ M SOZ VIM al NIVaIN3W d0 anio zIOJ 3NVI kNN3HO s 213NJIS3a 1138dWVO'1'» 133HS V;, zv9e9 al r Iu3w 0801 m soz IV NVnol AIIVM Z, AVM Aim38 nI 'N KW Jo 9902 v99 90Z XVI 9LOZ m 90Z zv9£9 al NIVCIN3W 0) a3N`JIS3a ll3SdWb�J'1*N smo llOb 3NV1 ANN3HO ' 133HS z= al N1Va1a3W 080y 880 NVAOl olllVM �lV N38NO 'N 8£9Z 7-1 �O 9802 K9 80Z XVI 9LOZ V99 80Z ZOO al NIVawavi L a3NJIS3a 1138dWV3TN 8f11O .-IOJ 3NV1,kA3HO J.33HS p y 8 g ' �v� gaff �� i Iy,g��ig�•1 I (i Q a� � >i( j fall � p [8 •'•'Bd�$` $:�l'q�.w$��ad� �:,:i'so �:Uw�7i�aie 88:�� �:g� �.! •'.f1• .. rpt,,. , Z*i .. ................... RECORDED-REQUEST 4F MEMOM ' EA AG DEP BOISE. IdAND PARTIES. 1999 SU 19 PM 1:22 \W 99033031 Lessor: City of Meridian, an Idaho Municipal Corporation Lessee: Cherry Lane Recreation, Inc., an Idaho Corporation REAL PROPERTY: Those certain parcels of real property located in the City of Meridian, County of Ada, State of Idaho, and more particularly described in Exhibit "A" attached hereto and consisting of eight (8) pages, and by this reference incorporated herein. THIS IS TO ACKNOWLEDGE AND TO GIVE NOTICE to the world that the above named parties have entered into that certain lease agreement entitled, "AGREEMENT OF LEASE" on the 3`d day of October, 1978, the original of which is on file with the City Cleric of the City of Meridian at the Meridian City Hall, which agreement is in full force and effect and which agreement provides for the lease of the real property described herein. i� Dated this ) 3 day of August, 1999. ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. CHERRY LANE RECREATION, INC. BY: Wallace D. Lovan, President BY: Venita f. Lovan MEMORANDUM OF LEASE AGREEMENT —PAGE IOF 3 Attest: TY CLERK STATE OF IDAHO :ss COUNTY OF ADA CITY OF MERIDIAN ++u n ttE�i�rrrrrr of KfFal11 l G 0WON,. v SELcr= Qr On this day of August, in the year 1999, before me, ��"1 �d a Notary Public, personally appeared WALLACE D. LOVAN and VE ITA I. LOVAN, known or identified to me to be the President and ar of the Cherry Lane Recreation, Inc., an Idaho Corporation, and who execut d the instrument or the person that executed the instrument on behalf of said corporation, and acknowledge to me that such corporation executed the same. 4LT• Nota Public for Idaho �0T A.R �` • Commission expires: % DII-aw�aooD' • - MEMOM OF LEASE AGREEMENT — PAGE 20F 3 E STATE OF IDAHO :ss County of Ada ) On this day of August, in the year 1999, before me, a Notary Public, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR., known or identified to me to be the Mayor and Cleric, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. �OTA' o • ,R r' e VV (5 ®! a e Nota Public for Idaho e �- a0 AUBL1� Commission expires: 01 00-0, d • ••� • ••e •' � �,. goo I'D�P�.���� MEMORANDUM OF LEASE AGREEMENT — PAGE 30F 3 File Number: P18311-0 SCHEDULE C • The land referred to in this Commitment is described as follows: PARCEL I A PARCEL OF LAND BEING A PORTION OF THE WEST -HALF, SECTION 3, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A BRASS CAP MARKING THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF SECTION 3, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO; THENCE ALONG THE SOUTHERLY BOUNDARY OF SAID NORTHEAST QUARTER OF SECTION 3, NORTH 88 DEGREES 55'29" WEST 2643.29 FEET TO A BRASS CAP MARKING THE SOUTHWEST CORNER OF THE NORTHEAST QUARTER/ THENCE LEAVING SAID SOUTHERLY BOUNDARY NORTH 75 DEGREES 30'00" WEST 190.00 FEET TO A 2' IRON PIPE; THENCE NORTH 40 DEGREES 00'00' WEST 40.00 FEET TO AN IRON PIN; THENCE SOUTH 75 DEGREES 59'31" WEST 70.00 FEET TO AN IRON PIN; THENCE SOUTH 25 DEGREES 00'00" WEST 64.19 FEET TO AN IRON PIN; THENCE NORTH 89 DEGREES 25'06" WEST 254.51 FEET TO A POINT, SAID POINT ALSO BEING THE REAL POINT OF BEGINNING; THENCE CONTINUING NORTH 89 DEGREES 25'06' EST 100.01 FEET TO A POINT; THENCE SOUTH 00 DEGREES 30'11" WEST 407.92 FEET TO A POINT; THENCE SOUTH 68 DEGREES 54'11' EAST 276.46 FEET TO A POINT MARKING A POINT OF CURVE; THENCE ALONG A CURVE TO THE RIGHT 59.46 FEET, SAID CURVE HAVING A CENTRAL ANGLE OF 34 DEGREES 04'10', A RADIUS OF 100.00 FEET, TANGENTS OF 30.64 FEET AND A LONG CHORD OF 58.59 FEET BEARING SOUTH 51 DEGREES 52'06" EAST TO A POINT MARKING A POINT OF TANGENTS; THENCE SOUTH 34 DEGREES 50'01" EAST 292.99 FEET TO A POINT; THENCE SOUTH 89 DEGREES 48'41' EAST 147.34 FEET TO A POINT; THENCE NORTH 35 DEGREES 00'00' WEST 109.03 FEET TO A POINT; THENCE NORTH 51 DEGREES 45'00" WEST 580.00 FEET TO A POINT; THENCE NORTH 00 DEGREE 29'44" EAST 335.18 FEET TO THE POINT OF BEGINNING. PARCEL II A PARCEL OF LAND LYING IN PORTIONS OF THE SOUTH HALF OF THE NORTH HALF AND THE NORTH HALF OF THE SOUTH HALF OF SECTION 3, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT MARKING THE NORTHWEST CORNER OF THE SAID NORTH HALF OF THE SOUTH HALF OF SECTION 3; THENCE SOUTH 89 DEGREES 25'06" EAST 2,077,73 FEET ALONG THE NORTHERLY BOUNDARY OF THE SAID NORTH HALF OF THE SOUTH HALF OF SECTION 3 TO A POINT, ALSO SAID POINT BEING THE REAL POINT OF BEGINNING; THENCE SOUTH 0 DEGREE 29'44" WEST 335.16 FEET TO A POINT; THENCE SOUTH 51 DEGREES 45'00" EAST 580.00 FEET TO A POINT; THENCE SOUTH 35 DEGREES 00'00" EAST 285.33 FEET TO A POINT; THENCE SOUTH 22 DEGREES 15'00" WEST 60.05 FEET TO A POINT; THENCE SOUTH 43 DEGREES 58'10" EAST 238.75 FEET TO A POINT; THENCE SOUTH 29 DEGREES 00'00" EAST 110.00 FEET TO A POINT; THENCE NORTH 61 DEGREES 00'00" EAST 81.19 FEET TO A POINT OF CURVE; THENCE LEGAL CONTINUED EXHIBIT "A" TO MEMORANDUM OF LEASE AGREEMENT • File Number: P183117 PAGE 2 PARCEL II (CONT.) NORTHEASTERLY ALONG A CURVE TO THE LEFT 147.14 FEET, SAID CURVE HAVING A CENTRAL ANGLE OF 48 DEGREES 10'28", A RADIUS OF 175.00 FEET, TANGENTS OF 78.23 FEET AND A LONG CHORD OF 142.84 FEET BEARING NORTH 36 DEGREES 54'46" EAST TO A POINT OF ENDING OF CURVE; THENCE NORTH 56 DEGREES 30'00" WEST 151.38 FEET TO A POINT; THENCE NORTH 41 DEGREES 30'00" WEST 203.92 FEET TO A POINT; THENCE NORTH 17 DEGREES 15'00" WEST 94.14 FEET TO A POINT; THENCE NORTH 22 DEGREES 15'00" EAST 147.00 FEET TO A POINT; THENCE NORTH 65 DEGREES 50'00" EAST 45.00 FEET TO A POINT; THENCE SOUTH 87 DEGREES 20'00" EAST 78.40 FEET TO A POINT; THENCE SOUTH 68 DEGREES 00'00" EAST 61.48 FEET TO A POINT; THENCE SOUTH 71 DEGREES 33'25" EAST 88.05 FEET TO A POINT; THENCE SOUTH 60 DEGREES 00'00" EAST 108.33 FEET TO A POINT OF BEGINNING OF CURVE; THENCE NORTHEASTERLY ALONG A CURVE TO THE RIGHT 139.32 FEET, SAID CURVE HAVING A CENTRAL ANGLE OF 25 DEGREES 35'19", A RADIUS OF 311.95 FEET, TANGENTS OF 70.84 FEET AND ALONG CHORD OF 138.16 FEET BEARING NORTH 56 DEGREES 12'20" EAST TO A POINT OF TANGENT; THENCE NORTH 69 DEGREES 00'00' EAST 115.08 FEET TO A POINT OF CURVE; THENCE NORTHEASTERLY ALONG A CURVE TO THE LEFT 125.75 FEET, SAID CURVE HAVING A CENTRAL ANGLE OF 24 DEGREES 25'22", A RADIUS OF 295.00 FEET, TANGENTS OF 63.84 FEET AND A LONG CHORD OF 124.80 FEET BEARING NORTH 56 DEGREES 47'19" EAST TO A POINT OF ENDING OF CURVE; THENCE NORTH 44 DEGREES 00100" WEST 79.63 FEET TO A POINT; THENCE NORTH 67 DEGREES 45100" WEST 160.00 FEET TO A POINT; THENCE SOUTH 65 DEGREES 50'00" WEST 244.67 FEET TO A POINT; THENCE NORTH 50 DEGREES 30'00" WEST 114.35 FEET TO A POINT; THENCE NORTH 44 DEGREES 00'00" EAST 90.00 FEET TO A POINT; THENCE NORTH 17 DEGREES 00'00" WEST 175.00 FEET TO A POINT; THENCE NORTH 12 DEGREES 00'00" EAST 280.00 FEET TO A POINT; THENCE NORTH 77 DEGREES 30'00' WEST 170.00 FEET TO A POINT; THENCE SOUTH 68 DEGREES 00'00' WEST 265.00 FEET TO A POINT MARKING THE NORTHEAST CORNER OF THE SOUTHWEST QUARTER OF THE SAID SECTION 3; THENCE NORTH 75 DEGREES 30'00" WEST 190.00 FEET TO A POINT; THENCE NORTH 40 DEGREES 00'00" WEST 40.00 FEET TO A POINT; THENCE SOUTH 75 DEGREES 59'31" WEST 70.00 FEET TO A POINT; THENCE SOUTH 25 DEGREES 00'00" WEST 64.19 FEET TO A POINT ON THE SAID NORTHERLY BOUNDARY OF THE NORTH HALF OF THE SOUTH HALF OF SECTION 3; THENCE NORTH 89 DEGREES 25'06" WEST 254.51 FEET ALONG THE SAID NORTHERLY BOUNDARY OF THE NORTH HALF OF THE SOUTH HALF OF SECTION 3 TO THE POINT OF BEGINNING. EXCEPT THAT PORTION LYING WITHIN THE FOLLOWING SUBDIVISIONS: CHERRY LANE VILLAGE NO. 1 SUBDIVISION, ACCORDING TO THE PLAT THEREOF, FILED IN BOOK 44 OF PLATS AT PAGES 3537 AND 3538, RECORDS OF ADA COUNTY, IDAHO; CHERRY LANE VILLAGE NO. 2 SUBDIVISION, ACCORDING TO THE PLAT THEREOF, FILED IN BOOK 46 OF PLATS AT PAGES 3791 AND 3792, RECORDS OF AOA COUNTY, IDAHO; THE LAKE AT CHERRY LANE, ACCORDING TO THE PLAT THEREOF FILED IN BOOK 52 OF PLATS AT PAGES 4569 AND 4570, RECORDS OF ADA COUNTY, IDAHO; THE LAKE AT CHERRY LANE NO. 2, ACCORDING TO THE PLAT THEREOF FILED IN BOOK 54 OF PLATS AT PAGES 4882 AND 4883, RECORDS OF ADA COUNTY, IDAHO; LEGAL CONTINUED EXHIBIT "A" TO MEMORANDUM OF LEASE AGREEMENT File Number; P1831100 PAGE 3 PARCEL II (CONT.) THE LAKE AT CHERRY LANE NU. 4 SUBDIVISION, ACCORDING TO THE PLAT THEREOF, FILED IN BOOK 74 OF PLATS AT PAGES 7674 AND 7675, RECORDS OF ADA COUNTY, IDAHO. PARCEL III -A A PORTION OF THE WEST HALF OF SECTION 3, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CORNER COMMON TO SECTIONS 4, 9, 10 AND THE SAID SECTION 3; THENCE NORTH 0 DEGREE 38'11" EAST 2651.19 FEET TO THE QUARTER CORNER COMMON TO SAID SECTIONS 3 AND 4 AS SAME WAY REESTABLISHED BY LS 972 (CP & F INSTRUMENT NO. 7852146, RECORDS OF AOA COUNTY, IDAHO); FROM WHICH THE NORTHWEST CORNER OF SAID SECTION 3 BEARS NORTH 0 DEGREE 38'27" EAST 2697.49 FEET; THENCE NORTH 0 DEGREE 38'27" EAST 22.64 FEET TO A 5/8' IRON PIN; THENCE SOUTH 88 DEGREES 55'31" EAST 379.53 FEET TO THE REAL POINT OF BEGINNING; THENCE CONTINUING SOUTH 88 DEGREES 55'31° EAST 182.65 FEET TO A POINT; THENCE SOUTH 8 DEGREES 18110" EAST 440.66 FEET TO A POINT; THENCE SOUTH 16 DEGREES 18'25" WEST 218.04 FEET TO A POINT; THENCE NORTH 89 DEGREES 13'51" EAST 540.22 FEET TO A POINT; THENCE NORTH 71 DEGREES 43'34" EAST 442.46 FEET TO A POINT; THENCE NORTH 10 DEGREES 33150° EAST 487.84 FEET TO A POINT; THENCE SOUTH 88 DEGREES 55'31" EAST 124.84 FEET TO A POINT; THENCE SOUTH 50 DEGREES 38'25' EAST 89.99 FEET TO A POINT; THENCE 165.33 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 250.25 FEET, A CENTRAL ANGLE OF 37 DEGREES 51'08", AND A LONG CHORD BEARING SOUTH 31 DEGREES 42'52" EAST 162.34 FEET TO A POINT; THENCE NORTH 89 DEGREES 29'44" WEST 120.24 FEET TO A POINT; THENCE SOUTH 4 DEGREE 27'17" EAST 80.30 FEET TO A POINT; THENCE SOUTH 0 DEGREE 30'16" WEST 230.52 FEET TO A POINT; THENCE SOUTH 10 DEGREES 31'20" WEST 123.51 FEET TO A POINT; THENCE SOUTH 30 DEGREES 14'07" WEST 119.57 FEET TO A POINT; THENCE SOUTH 50 DEGREES 50'29" WEST 134.39 FEET TO A POINT; THENCE SOUTH 71 DEGREES 28'48" WEST 120.54 FEET TO A POINT; THENCE SOUTH 82 DEGREES 45'52" WEST 225.84 FEET TO A POINT; THENCE SOUTH 89 DEGREES 02'57" WEST 67.30 FEET TO A POINT; THENCE NORTH 89 DEGREES 10'41- WEST 825.06 FEET TO A POINT; THENCE NORTH 77 DEGREES 29'20" WEST 148.07 FEET TO A POINT; THENCE NORTH 89 DEGREES 10'41" WEST 160.40 FEET TO A POINT LYING 65.00 FEET EAST OF THE WEST BOUNDARY OF SAID SECTION 3; THENCE ALONG A LINE 65.00 FEET EAST OF AND PARALLEL TO THE WEST BOUNDARY OF SAID SECTION 3 NORTH 0 DEGREES 38'11" EAST 247.64 FEET TO A POINT; THENCE SOUTH 89 DEGREES 21'49" EAST 156.03 FEET TO A POINT; THENCE NORTH 45 DEGREES 03'16" EAST 163.61 FEET TO A POINT; THENCE NORTH 5 DEGREES 39'31' EAST 502.42 FEET TO THE POINT OF BEGINNING. LEGAL CONTINUED EXHIBIT "A" TO MEMORANDUM OF LEASE AGREEMENT • File Number: P183117 PAGE 4 PARCEL III -B A PORTION OF THE WEST HALF OF SECTION 3, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CORNER COMMON TO SECTIONS 4, 9, 10 AND THE SAID SECTION 3; THENCE NORTH.O DEGREE 38'11" EAST 2651.19 FEET TO THE QUARTER CORNER COMMON TO SAID SECTIONS 3 AND 4 AS SAME WAS REESTABLISHED BY LS 972 (CP & F INSTRUMENT NO. 7852146., RECORDS OF ADA COUNTY, IDAHO); FORM WHICH THE NORTHWEST CORNER OF SAID SECTION 3 BEARS NORTH 0 DEGREE 38'27" EAST 2697.49 FEET; THENCE NORTH 0 DEGREE 38'27' EAST 22.64 FEET TO A 5/8" IRON PIN; THENCE SOUTH 88 DEGREES 56'31" EAST 1977.72 FEET TO A 5/8' IRON PIN AND THE REAL POINT OF BEGINNING; THENCE SOUTH 0 DEGREE 30'15" WEST 413.59 FEET TO A POINT; THENCE NORTH 68 DEGREES 54'11" WEST 26.71 FEET TO A POINT; THENCE NORTH 68 DEGREES 54'11" WEST 26.71 FEET TO A POINT; THENCE NORTH 0 DEGREE 30'15' EAST 217.93 FEET TO A POINT; THENCE 211.88 FEET ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 249.75 FEET, A CENTRAL ANGLE OF 48 DEGREES 36'25' AND A LONG CHORD BEARING NORTH 23 DEGREES 47'57" WEST 205.58 FEET TO A POINT; THENCE SOUTH 88 DEGREES 55'31" EAST 109.62 FEET TO THE POINT OF BEGINNING. PARCEL IV•A A PORTION OF SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 3, TOWNSHIP 3 NORTH, RANGE i WEST, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CORNER COMMON TO SECTIONS 4, 9, 10 AND THE SAID SECTION 3; THENCE NORTH 0 DEGREE 38'11" EAST, 2651.19 FEET TO THE QUARTER CORNER COMMON TO SAID SECTION 3 AND 4 AS SAME WAS REESTABLISHED BY LS 972 (CP 8 F INSTRUMENT N0: 7852146, RECORDS OF ADA COUNTY, IDAHO); FROM WHICH THE NORTHWEST CORNER OF SAID SECTION 3 BEARS NORTH 0 DEGREE 38'27' EAST, 2697.49 FEET; THENCE NORTH 0 DEGREE 38'27" EAST 22.64 FEET TO A 5/8' IRON PIN; THENCE SOUTH 88 DEGREES 55'31" EAST, 379.53 FEET TO THE REAL POINT OF BEGINNING; THENCE NORTH 5 DEGREE 39'31" EAST, 290.28 FEET TO A POINT; THENCE 46.45 FEET ALONG THE ARC OF A NON -TANGENT CURVE TO THE RIGHT, HAVING A RADIUS OF 250.00 FEET, A CENTRAL ANGLE OF 10 DEGREES 38'46', AND A LONG CHORD BEARING SOUTH 49 DEGREES 22'43" EAST, 46.39 FEET TO A POINT; THENCE SOUTH 44 DEGREES 03'20" EAST, 136.41 FEET TO A POINT; THENCE SOUTH 8 DEGREES 18110' EAST, 165.80 FEET TO A POINT; THENCE NORTH 88 DEGREES 55'31' WEST, 182.65 FEET TO THE POINT OF BEGINNING, PARCEL IV -B A PORTION OF GOVERNMENT LOT 4 AND QUARTER OF SECTION 3, TOWNSHIP 3 MERIDIAN, ADA COUNTY, IDAHO MORE LEGAL CONTINUED THE SOUTHWEST QUARTER OF THE NORTHWEST NORTH, RANGE 1 WEST, BOISE MERIDIAN, PARTICULARLY DESCRIBED AS FOLLOWS: EXHIBIT "A" TO MEMORANDUM OF LEASE AGREEMENT File Number: P183110 PAGE 5 PACREL IV -8 (CONT.) COMMENCING AT THE CORNER COMMON TO SECTIONS 4, 9, 10 AND THE SAID SECTION 3; THENCE NORTH 0 DEGREE 38'11" EAST, 2651.19 FEET TO THE QUARTER CORNER COMMON TO SAID SECTION 3 AND 4 AS SAME WAS REESTABLISHED BY LS 972 (CP & F INSTRUMENT NO. 7852146, RECORDS OF ADA COUNTY) IDAHO); FROM WHICH THE NORTHWEST CORNER OF SAID SECTION 3 BEARS NORTH 0 DEGREE 38'27" EAST, 2697.49 FEET; THENCE NORTH 0 DEGREE 38.27" EAST 22.64 FEET TO A 5/8" IRON PIN; THENCE SOUTH 88 DEGREES 55'31" EAST, 834.71 FEET TO A POINT; THENCE NORTH 1 DEGREE 04'29" EAST, 77.45 FEET TO THE REAL POINT OF BEGINNING; THENCE 199.31 FEET ALONG THE. ARC OF CURVE TO THE RIGHT HAVING A RADIUS OF 270.00 FEET, A CENTRAL ANGLE OF 42 DEGREES 17'41" AND A LONG CHORD BEARING NORTH 65 DEGREES 12'11" WEST, 194.81 FEET TO A POINT; THENCE NORTH 44 DEGREES 03"20" WEST, 198.06 FEET TO A POINT; THENCE NORTH 37 DEGREE 38"05- EAST, 125.90 FEET TO A POINT; THENCE NORTH 4 DEGREES 26'20" WEST, 178.94 FEET TO A POINT; THENCE NORTH 49 DEGREES 13'43" WEST, 619.18 FEET TO A POINT; THENCE NORTH 89 DEGREES 21'33" WEST, 39.72 FEET TO A POINT; THENCE NORTH 0 DEGREE 38'27- EAST, 178.61 FEET TO A POINT; THENCE SOUTH 89 DEGREES 21'33" EAST, 104.94 FEET TO A POINT; THENCE NORTH 26 DEGREES 46'55" EAST, 463.73 FEET TO A POINT; THENCE NORTH 13 DEGREES 05'08- EAST, 186.18 FEET TO A POINT; THENCE SOUTH 89 DEGREES 23'04- EAST, 221.37 FEET TO A POINT; THENCE SOUTH 0 DEGREE 36'56" WEST, 30.00 FEET TO A POINT; THENCE NORTH 89 DEGREES 23'04- WEST, 114.43 FEET TO A POINT; THENCE SOUTH 10 DEGREES 38'11" WEST, 162.48 FEET TO A POINT; THENCE SOUTH 5 DEGREES 36'09" EAST, 160.95 FEET TO A POINT; THENCE SOUTH 48 DEGREES 58'55" WEST, 66.41 FEET TO A POINT; THENCE SOUTH 10 DEGREES 49'04" WEST, 123.62 FEET TO A POINT; THENCE SOUTH 12 DEGREES 00100' EAST, 85.00 FEET TO A POINT; THENCE SOUTH 53 DEGREES 26'21- EAST, 142.60 FEET TO A POINT; THENCE SOUTH 6 DEGREES 51'51" WEST, 151.05 FEET TO A POINT; THENCE SOUTH 41 DEGREES 14'14" EAST, 171.06 FEET TO A POINT; THENCE SOUTH 89 DEGREES 12'26' EAST, 122.33 FEET TO A POINT; THENCE SOUTH 43 DEGREES 03'05" EAST, 60.00 FEET TO A POINT; THENCE SOUTH 0 DEGREE 36'15" WEST, 671.50 FEET TO THE POINT OF BEGINNING. PARCEL IV -C A PORTION OF THE NORTHWEST QUARTER OF SECTION 3, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, MERIDIAN, AOA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CORNER COMMON TO SECTIONS 4, 9, 10 AND THE SAID SECTION 3; THENCE NORTH 0 DEGREE 38'11" EAST, 2651.19 FEET TO THE SAID SECTIONS 3 AND 4 AS SAME WAS REESTABLISHED INSTRUMENT NO. 7852146, RECORDS OF AOA COUNTY, NORTHWEST CORNER OF SAID SECTION 3 BEARS NORTH 2697.49 FEET; THENCE NORTH 0 DEGREE 38'27" EAST 22.64 FEET TO A 5/8" SOUTH 88 DEGREES 55'31" EAT, 1784.61 FEET TO A NORTH 1 DEGREE 04'29" EAST, 303.15 FEET TO THE THENCE LEGAL CONTINUED QUARTER CORNER COMMON TO BY LS 972 (CP & F IDAHO); FROM WHICH THE DEGREE 38'27' EAST, IRON PIN; THENCE POINT; THENCE REAL POINT OF BEGINNING; EXHIBIT "A" TO MEMORANDUM OF LEASE AGREEMENT File Number: P183110 PAGE 6 PARCEL IV -C (CONT.) NORTH 66 OEGREES 28'40" WEST, 157.70 FEET TO A POINT; THENCE NORTH 56 DEGREES 56'39" WEST, 717.37 FEET TO A POINT; THENCE NORTH 89 DEGREES 23'44' WEST, 36.12 FEET TO A POINT; THENCE NORTH 0 DEGREE 36'28' EAST, 5.00 FEET TO A POINT; THENCE 154.59 FEET ALONG THE ARC OF A NON -TANGENT CURVE TO THE LEFT, RADIUS OF 225.00 FEET, A CENTRAL ANGLE OF 39 DEGREES 22'00", CHORD BEARING NORTH 19 DEGREES 04'45" WEST, 151.57 FEET TO A NORTH 38 DEGREES 45'45" WEST, 39.00 FEET TO A POINT; THENCE NORTH 51 DEGREES 14'15" EAST, 110.00 FEET TO A POINT; THENCE NORTH 26 DEGREES 11'31" WEST, 134.78 FEET TO A POINT; THENCE NORTH 4 DEGREES 04'20" WEST, 277.45 FEET TO A POINT; THENCE NORTH 31 DEGREES 46'35" WEST, 241.56 FEET TO A POINT; THENCE NORTH 0 DEGREE 36'56" EAST, 132.59 FEET TO A POINT; THENCE NORTH 89 DEGREES 23'04" WEST, 110.00 FEET TO A POINT; THENCE NORTH 0 DEGREE 36'56' EAST, 30.00 FEET TO A POINT; THENCE SOUTH 89 DEGREES 23'04" EAST, 175.94 FEET TO A POINT; THENCE SOUTH 78 DEGREES 05'29' EAST, 71.13 FEET TO A POINT; THENCE SOUTH 63 DEGREES 13'16' EAST, 65.34 FEET TO A POINT; THENCE SOUTH 56 DEGREES 28'32' EAST, 79.07 FEET TO A POINT; THENCE SOUTH 53 DEGREES 15'09' EAST, 86.07 FEET TO A POINT; THENCE SOUTH 42 DEGREES 31'18" EAST, 70.53 FEET TO A POINT; THENCE SOUTH 35 DEGREES 28'22" EAST, 77.08 FEET TO A POINT; THENCE SOUTH 5 DEGREES 49'06" EAST, 249.89 FEET TO A POINT; THENCE SOUTH 8 DEGREES 16'07" EAST, 125.42 FEET TO A POINT; THENCE SOUTH 13 DEGREES 56'20" EAST, 266.06 FEET TO A POINT; THENCE SOUTH 42 DEGREES 43'29° EAST, 283.07 FEET TO A POINT; THENCE NORTH 61 DEGREES 49'13" EAST, 165.37 FEET TO A POINT; THENCE NORTH 11 DEGREES 00'42" WEST, 399.24 FEET TO A POINT; THENCE SOUTH 89 DEGREES 18'49' EAST, 398.40 FEET TO A POINT; THENCE SOUTH 79 DEGREES 02'15' EAST, 61,16 FEET TO A POINT; THENCE SOUTH 60 DEGREES 40'15" EAST, 164.39 FEET TO A POINT; THENCE SOUTH 85 DEGREES 10'18" EAST, 136.30 FEET TO A POINT; THENCE SOUTH 0 DEGREE 30115" WEST, 235.93 FEET TO A POINT; THENCE NORTH 89 DEGREES 29'45" WEST, 80.00 FEET TO A POINT; THENCE SOUTH 78 DEGREES 3349" WEST, 182.71 FEET TO A POINT; THENCE SOUTH 11 DEGREES 45'15" WEST, 185.77 FEET TO A POINT; THENCE SOUTH 0 DEGREE 30'15' WEST, 154.10 FEET TO A POINT; THENCE 288.86 FEET ALONG THE HAVING A AND A LONG POINT; THENCE ARC OF A NON -TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 425.00 FEET, A CENTRAL ANGLE OF 38 DEGREES 56'31", AND A LONG CHORD BEARING SOUTH 63 DEGREES 04'11" WEST, 283.33 FEET TO THE POINT OF BEGINNING. PARCEL IV -D A PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 3, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CORNER COMMON TO SECTIONS 4, 91 10 AND THE SAID SECTION 3; THENCE LEGAL CONTINUED EXHIBIT "A" TO MEMORANDUM OF LEASE AGREEMENT File Number: P183117 PAGE 7 PARCEL IV -D (CONT.) NORTH 0 DEGREE 38'11° EAST, 2651.19 FEET TO THE QUARTER CORNER COMMON TO SAID SECTIONS 3 AND 4 AS SAME WAS REESTABLISHED BY LS 972 (CP & F INSTRUMENT NO. 7852146, RECORDS OF ADA COUNTY, IDAHO); FROM WHICH THE NORTHWEST CORNER OF SAID SECTION 3 BEARS NORTH 0 DEGREE 38'27' EAST, 2697.49 FEET; THENCE NORTH 0 DEGREE 38'27" EAST 22.64 FEET TO A 5/8' IRON PIN; THENCE SOUTH 88 DEGREES 55'31" EAST, 1614.53 FEET TO THE REAL POINT OF BEGINNING; THENCE NORTH 10 DEGREES 33'50' EAST, 72.37 FEET TO A POINT; THENCE 129.52 FEET ALONG THE ARC OF A NON -TANGENT CURVE TO THE RIGHT, HAVING A RADIUS OF 600.00 FEET, A CENTRAL ANGLE OF 12 DEGREES 22'07-, AND A LONG CHORD BEARING SOUTH 56 DEGREES 49'29' EAST, 129.27 FEET TO A POINT; THENCE SOUTH 50 DEGREES 38'25- EAST, 4.33 FEET TO A POINT; THENCE NORTH 88 DEGREES 55'31' WEST, 124.84 FEET TO THE POINT OF BEGINNING. PARCEL IV -E A PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 3, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CORNER COMMON TO SECTIONS 4, 9, 10 AND THE SAID SECTION 3; THENCE NORTH 0 DEGREE 38'11: EAST, 2651.19 FEET TO THE QUARTER CORNER COMMON TO SAID SECTIONS 3 AND 4 AS SAME WAS REESTABLISHED BY LS 972 (CP 8 F INSTRUMENT NO. 7852146, RECORDS OF AOA COUNTY, IDAHO); FROM WHICH THE NORTHWEST CORNER OF SAID SECTION 3 BEARS NORTH 0 DEGREE 38'27- EAST, 2697.49 FEET; THENCE NORTH 0 DEGREE 38'27" EAST 22.64 FEET TO A 5/8" IRON PIN; THENCE SOUTH 88 DEGREES 55'31' EAST, 1977.72 FEET TO A 5/8" IRON PIN AND THE REAL POINT OF BEGINNING; THENCE NORTH 88 DEGREES 55'31" WEST, 109.62 FEET TO A POINT; THENCE 11.06 FEET ALONG THE ARC OF A NON -TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 249.75 FEET, A CENTRAL ANGLE OF 2 DEGREES 32'16', AND A LONG CHORD BEARING NORTH 49 DEGREES 22'17" WEST, 11.06 FEET TO A POINT; THENCE NORTH 50 DEGREES 38'25" WEST, 94.32 FEET TO A POINT; THENCE 60.45 FEET ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 680.00 FEET, A CENTRAL ANGLE OF 5 DEGREES 05'36', AND A LONG CHORD BEARING NORTH 53 DEGREES 11'13" WEST, 60.43 FEET TO A POINT; THENCE 30.13 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 20.00 FEET, A CENTRAL ANGLE OF 86 DEGREES 18'50", AND A LONG CHORD BEARING NORTH 12 DEGREES 34'36' WEST, 27.36 FEET TO A POINT; THENCE NORTH 30 DEGREES 34'50" EAST, 84.13 FEET TO A POINT; THENCE 269.77 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 375.00 FEET, A CENTRAL ANGLE OF 41 DEGREES 13'04", AND A LONG CHORD BEARING NORTH 51 DEGREES 11'21' EAST, 263.99 FEET TO A POINT; THENCE SOUTH 0 DEGREE 30'15" WEST, 369.89 FEET TO THE POINT OF BEGINNING. PARCEL V LOTS 1 AND 52 IN BLOCK 5, AND LOT 11 IN BLOCK 9 OF CHERRY LANE VILLAGE NO. 1 SUBDIVISION, ACCORDING TO THE PLAT THEREOF FILED IN BOOK 44 OF PLATS AT PAGES 3537 THRU 3538, RECORDS OF ADA COUNTY, IDAHO. LEGAL CONTINUED EXHIBIT "A" TO MEMORANDUM OF LEASE AGREEMENT File Number: P18311 PAGE 8 PARCEL•VI LOTS 12 AND 21 IN BLOCK 9 AND LOT 4 IN BLOCK 11 AND LOT 53 IN BLOCK 5 OF CHERRY LANE VILLAGE NO. 2 SUBDIVISION, ACCORDING TO THE PLAT THEREOF, FILED IN BOOK 46 OF PLATS AT PAGES 3791 AND 3792, RECORDS OF ADA COUNTY, IDAHO. PARCEL VII LOT 83 IN BLOCK 5 AND LOT 14, IN BLOCK 13 CHERRY LANE VILLAGE NO. 3 SUBDIVISION ACCORDING TO THE OFFICIAL PLAT THEREOF FILED IN BOOK 58 OF PLATS AT PAGES 5473 THRU 5475, RECOROS OF ADA COUNTY, IDAHO. PARCEL VIII LOT 28 IN BLOCK 11 AND LOT 39 IN BLOCK 13 CHERRY LANE VILLAGE NO. 4 SUBDIVISION ACCORDING TO THE OFFICIAL PLAT THEREOF FILED IN BOOK 63 OF PLATS AT PAGES 6376 AND 6377, RECORDS OF ADA COUNTY, IDAHO. PARCEL IX LOT 9 IN BLOCK 1 OF RECORD OF SURVEY NO. 802 OF ADJUSTED LOT LINES FOR LOTS 8, 9 AND 10, IN BLOCK 1 OF THE LAKE AT CHERRY LANE, ACCORDING TO THE PLAT THEREOF, FILED IN BOOK 52 OF PLATS AT PAGES 4569 AND 4570, RECORDS OF ADA COUNTY, IDAHO. PARCEL X LOT 5 IN BLOCK 1 AND LOT 13 IN BLOCK 2, THE LAKE AT CHERRY LANE NO. 2, ACCORDING TO THE PLAT THEREOF, FILED IN BOOK 54 OF PLATS AT PAGES 4882 AND 4883, RECORDS OF ADA COUNTY, IDAHO. PARCEL XI LOT 24 IN BLOCK 2 OF THE LAKE AT CHERRY LANE NO. 3 SUBDIVISION ACCORDING TO THE OFFICIAL PLAT THEREOF FILED IN BOOK 70 OF PLATS AT PAGES 7167 AND 7168, RECORDS OF ADA COUNTY, IDAHO. PARCEL XII LOT 19 IN BLOCK 1 AND LOT 46 IN BLOCK 2 OF THE LAKE AT CHERRY LANE NO. 4 SUBDIVISION, ACCORDING TO THE OFFICIAL PLAT THEREOF, FILED IN BOOK 74 OF PLATS AT PAGE 7674 AND 7675, RECORDS OF AOA COUNTY, IDAHO. END OF LEGAL DESCRIPTION EXHIBIT "A" TO MEMORANDUM OF LEASE AGREEMENT ** TOTAL PAGE.09 ** AGREEMENT OF LEASE AGREEMENT Made this 3rd day of October, 1978, by and between the CITY OF MERIDIAN, a municipal corpor- ation of the State of Idaho, party of the first part, hereinafter called "Lessor," and CHERRY LANE RECREATION, INC., an Idaho corporation, party of the second part, here- inafter called "Lessee." 1. LEASE. Lessor hereby leases to Lessee the following described real property situate in Ada County, City of Meridian, State of Idaho, which property is des- cribed and set forth on Exhibit "A" attached hereto and incorporated herein. 2. TERM OF LEASE. The term of this lease shall be twenty-five (25) years, commencing on the 3rd day of October, 1978, and terminating on the 2nd day of October, 2003, both dates inclusive, unless extended or terminated as herein provided. 3. RENTAL. In lieu of paying any monetary rental until the second nine -hole golf course is constructed and leased to Lessee, Lessee shall, at its own.costs, and with- out any obligation, liability or indebtedness of Lessor, and within a reasonable time, operate, conduct and carry on a golf club upon the leased premises for the use and bene- fit of the public generally in accordance with the objects or purposes of its incorporation. Lessee shall pay the sum of Six Thousand Dollars ($6,000.00) per year, in advance, as rental. This annual payment shall first become due on the 1st day of October next following the date upon which an additional nine -hole AGREEMENT OF LEASE - P. 1 golf course shall have been constructed by or on behalf of Lessor and leased by it to Lessee herein on substan- tially the same terms and conditions as contained in this agreement. 4. USE OF LEASED PREMISES. (a) Lessee may use and occupy the leased premises for the purpose of operating, conducting and carrying on a golf course for the use and benefit of the public generally; build, own, operate and conduct a clubhouse restaurant, including the dispensing and sale of foods and beverages; and build, own, operate and conduct amusement enterprises such as tennis court and racquet club for the use and bene- fit of the public generally. (b) Lessee agrees, insofar as it is economically possible, to promote and encourage use of the leased premises for the entertainment, instruction and social opportunities for children, pursuant to scheduling and rules and regula- tions adopted and promulgated by Lessee. Lessee further agrees to cooperate and work with the Recreation Committee of Lessor in developing city recreation programs for the youth of the community. 5. TAXES AND UTILITIES. Lessee shall pay all taxes and assessments upon the leased premises and upon the buildings and improvements to be constructed thereon, which may be assessed during the initial term or any extended term of this lease, and it shall also pay all charges for gas, electricity, light, heat, power and telephone or other communication service used, rendered or supplied upon or in connection with the leased property, agreeing to indemnify Lessor against any liability, claims or damages for failure AGREEMENT OF LEASE - P. 2 9 0 to pay and discharge such taxes, utility charges, and any other expenditure incurred or assumed in the construction, operation and conduct of a golf club and related uses, as specified in Paragraph 4 above. 6. POSSESSION. Lessee shall be given possession of the above described property at the time of executing this Agreement of Lease in order to build, own, operate and conduct for the uses herein provided, make a master plan of the premises showing the layout of the intended improvements, and make preliminary plans and specifications for the improvements to be constructed, installed and erected upon the above described premises. 7. IMPROVEMENTS. Lessee shall have the right to make such alterations and improvements in and upon the leased premises as shall be reasonably necessary or appro- priate by which to possess and enjoy the leases premises for the uses herein provided. Lessor agrees to execute any and all easements for the purposes of constructing any utility, including, but not limited to, sewers, power, tele- phone, water and gas. All such buildings, improvements and appurtenances in, on or within the leased premises and which have been erected, installed or affixed during the term of this lease shall not be removed by Lessee without the con- sent of Lessor, it being the intent of the parties hereto that such buildings, improvements and appurtenances at the termination of this lease shall become the property of Lessor, free of any and all liens and encumbrances except as assumed by Lessor, 8. MAINTENANCE. Lessee agrees to keep and main- tain the golf course in sufficiently good condition that the AGREEMENT OF LEASE - P. 3 Lessor is not in violation of its agreement with Nu -Pacific Company, Inc., dated October 3, 1978, A copy of the Nu - Pacific agreement is attached hereto, and Lessee agrees to perform each obligation of Lessor contained therein, Lessor further assigns to Lessee the right of participation in its right of review and approval of the plans for the additional nine -hole golf course contained in that agreement, together with all other rights of the Lessor, 9. DEFAULT. If Lessee shall fail to build, operate, conduct and carry on a golf course in accordance with the use herein granted and in accordance with its purposes and objects of incorporation within one (1) year from the date of this agree- ment, Lessor shall, without notice in writing, have the right to declare this lease forfeited and cancelled. After Lessee has submitted to Lessor for approval, which approval shall not be unreasonably delayed or withheld, plans and specifications for the construction and improvement of the leased premises for the purposes herein provided, Lessee shall diligently pursue such work to completion so that said golf course shall be open for business not later than the 1st day of June, 1979, except as such date may be extended by the number of working days lost by reason of strikes, fire, acts of God or other events beyond the control of Lessee. Further, if Lessee is in default of any terms and conditions of the agreement of lease and fails or refuses after thirty (30) days' written notice to perform or correct the con- ditions in which said lease is in default, then this agreement shall be deemed terminated and forfeited and all rights of Lessee in and to the leased property shall thereupon be terminated, subject to the provisions of Paragraph 13 of this lease. If, within five (5) years of the date of this agree - AGREEMENT OF LEASE - P. 4 0 merit{ an additional nine -hole golf course has not been con- structed by or on behalf of Lessor, and leased to Lessee upon substantially the same terms and conditions as contained here- in, then Lessee may at its option terminate this lease without further obligation of either party to the other. Such addi- tional nine -hole golf course must be in such close proximity to the premises leased herein as to enable Lessee to operate the two as an eighteen -hole golf course. No additional ren- tal shall be payable by reason of the lease of the additional nine -hole golf course. 10. DISCRIMINATION. Lessee, in the use of the lands herein leased, will not, on the grounds of race, color, or national origin, discriminate or permit discrim- ination to any person.or group of persons in any manner. To indulge or permit such discrimination shall constitute a breach and default of this agreement and may be cause for termination as provided herein. 11. INDEMNIFICATION AND INSURANCE. Lessee shall indemnify and save and hold harmless Lessor from and for any and all losses, claims, actions or judgments for damages or injury to persons or property and losses and expenses caused or incurred by Lessee, its servants, agents, employees, guests and other business invitees. However, Lessor cove- nants and agrees to indemnify and save and hold harmless Lessee from and for any and all losses, claims, actions, indebtedness. or judgments if, after.making the improvements as provided in Paragraph 7, peaceable possession of Lessee of the leased premises is terminated and caused by a defect in title and ownership of any portion of the leased premises as herein described, it being understood by both parties to this lease that Lessor's title to Tract 2 is contingent upon AGREEMENT OF LEASE - P. 5 Nu -Pacific Company, Inc.'s conveying to the City of Mer- idian per the agreement between those parties dated �ciobeY , 1978. 12, COMPLIANCE WITH LAW. Lessee, at its sole expense, shall comply with all laws, orders and regulations of federal, state and municipal authorities, and, at its sole expense, shall obtain all licenses or permits which may be required for the conduct of its business within the terms of this lease, or for making of repairs, alterations, improve- ments or additions, and Lessor, where necessary, will join with Lessee in applying for all such permits. 13. SURRENDER AND TERMINATION. Lessee shall, on the expiration, or the sooner termination as herein provided, of this lease, surrender to Lessor the leased property, including all buildings, replacements, additions and improve- ments constructed or placed by Lessee thereon, with all equipment in or appurtenant thereto, free from all liens, encumbrances and subtenancies and in good condition and repair, reasonable wear and tear excepted. Upon termination of this lease, Lessee, its suc- cessors and assigns, shall at all times execute, or cause to be executed, all necessary documents required to surrender leased property, including all buildings, replacements, addi- tions and improvements constructed or placed thereon by Lessee, its successors and assigns, with all equipment in or appurtenant thereto. 14. ASSIGNMENT AND SUBLETTING, Lessee shall not assign, transfer or sublet this lease, or any portion thereof, or any privilege hereunder, either voluntarily or involun- tarily, without the prior written consent of Lessor, which AGREEMENT OF LEASE - P. 6 0 consent shall not be withheld unreasonably; except that Lessee may assign its right, title and interest in and to this lease agreement with right of reassignment, to its lender and to a Meridian local development company. 15. RENEWAL. Lessee shall have the option to renew this lease, on the same terms and conditions, for an additional term of thirty (30) years, provided Lessee is in full compliance with all of the terms of this lease at the time notice of intent to renew is given Lessor. Such notice of intent to renew shall be in writing and mailed to Lessor at the City Hall, Meridian, Idaho, on or prior to April 1, 2003. At the conclusion of such renewal term, Lessee shall have the further right to renew this lease, on terms and con- ditions agreeable to each party hereto, for successive addi- tional terms of ten (10) years each, provided Lessee is in full compliance with all of the terms of this lease at the time notice of intent to renew is given Lessor. Such notice intent to renew shall be in writing and mailed to Lessor the City Hall, Meridian, Idaho, on or prior to six (6) iths prior to the end of any term. 16. GREENS FEES. Lessee agrees that it will not :er the greens fees charged the public without first con - .ting the authorized representatives of Lessor, it being intent of both parties to the lease that greens fees the leased premises shall at all times be competitive :h similar public facilities. 17. BINDING EFFECT. This Agreement of Lease is ding upon the successors, assigns and.subtenants of both ties. .EEMENT OF LEASE - P, 7 IN WITNESS WHEREOF, the parties have caused this Agreement of Lease to be executed by their duly authorized officers the day and year first above written, CITY OF MERIDIAN ATTEST; Z�f 4—L - CI CL RK MAYO ATTEST: SECRETARY STATE OF IDAHO "LESSOR" CHERRY LANE RECREATION, INC. "PRESIDENT "LESSEE" 1 ss. COUNTY OF ADA ) On this day of , 1978, before me, the undersigne , a Notary Public in and for said State, personally appeared DON M. STOREY, known to me to be the Mayor of the CITY OF MERIDIAN, whose name is subscribed to the with- in instrument, and acknowledged to me that he executed the same on behalf of the City of Meridian, and was duly authorized so to do. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. No ary Pub c for State of Idaho, Residing Meridian, Idaho. AGREEMENT OF LEASE - P. 8 STATE OF IDAHO ) ). ss. COUNTY OF ADA ) A On this _,4�: day of ®� , 1978, before me, the undersigned, a Notary Public in and for said State, personally appeared WALLACE D. LOVAN, known to me to be the President of CHERRY LANE RECREATION, INC,, whose name is subscribed to the within instrument, and acknowledged to me that he executed the same on behalf of the Cherry Lane Recreation, Inc., and was duly authorized so to do. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. OF LEASE - P. 9 c No ry Pub c for Stat of Idaho, Residing t 9sice, Idaho. 1. J`'U—B ENGINEERS, IN `^03 Franklin Road • 0olta, Idaho 83705 Project: 7543-18 Date: September 8, 1977 DESCRIPTION FOR CHERRY LANE VILLAGE GOLF COURSE NO. 11 A PORTION OF THE N 1/2 SE 1/4, SECTION 3, T.3N., R.1W., B.M., MERIDIAN, ADA COUNTY, IDAHO A parcel of land lying in a portion of the N 1/2 of the SE 1/4 of Section 3, T.3N., R.1W., B.M., Meridian, 'Ada County, Idaho and more par- ticularly described as follows: Beginning at a point marking the Northeast corner of the said SE 1/4 of Section 3; thence South 61°14'35" West 499.02 feet to a point, also said point being the REAL POINT OF BEGINNING; thence South 31°00100" East 100.00 feet to a point; thence South 54000'00" West 180.00 feet to a point; thence South 66000'00" West 200.00 feet to a point; thence South 83030'00" West 433.26 feet to a point; thence South 79045'00" West 260.25 feet to a point; thence South 57000'00" East 20.00 feet to a point; thence South 83015'00" West 400.00 feet to a point; thence South 65023'33" West 78.68 feet to a point; thence North 19036'38" West 100.00 feet to a point; thence North 69000'00" East 15.08 feet to a point of curve; thence Northeasterly along a curve to the left 200.57 feet, said curve having a central angle of 33018'35", a radius of 345.00 feet, tangents of 103.21 feet and a long chord of 197.76 feet bearing North 52020'43" East to a point of ending of curve; thence South 54018'35" East 73.51 feet to a point; thence North 65000'00" East 78.00 feet to a point; thence South 57000'00" East 20.00 feet to a point; 1y EXHIBIT "A" J :U -e ENGINEERS, IN 5903 Franklin Road • Ool.a, Idaho 83705 Project: 7543-18 Date: September 8, 1977 Page: 2 - Cherry Lane Village Golf Course No. 11 thence North 77°00'00" East 325.00 feet to a point; thence North 82°00'00" East 390.00 feet to a point; thence North 76"30'00" East 305.00 feet to a point; thence North 65°15'00" East 145.00 feet Fo the point of beginning, comprising 5.03 acres, more or less. Prepared by: J -U -B ENGINEERS, Inc. Gary L. Rodenspiel, L.S. EWW/JAP:na 0 J' U -B ENGINEERS, IN 5en7 Franklin Roaa • eolte, iaano a77o3 Project: 7543-18 Date: September 8, 1977 DESCRIPTION FOR CHERRY LANE VILLAGE GOLF COURSES 12 & 13 A PORTION OF THE E 1/2 SE 1/4, SECTION 3, T.3N., R.1W., B.M., MERIDIAN, ADA COUNTY, IDAHO A parcel of land lying in a portion of the E 1/2 of the SE 1/4, Section 3, T.3N., R.1W., B.M., Meridian, Ada County, Idaho and more particularly described as follows: Beginning at a point marking the Northeast corner of the said E 1/2 of the SE 1/4 of Section 3; thence South 36°05'29" West 623.99 feet to a point, also said point being the REAL POINT OF BEGINNING; thence South 38°00100" West 305.00 feet to a point; thence South 32°00'00" West 205.00 feet to a point; thence South 29°45'00" West•175.00 feet to a point; thence South 8°30'00" West 220.00 feet to a point; thence South 0e00'00" East 400.00 feet to a point; thence South 87°00'00" East 185.00 feet to a point; thence South 1°00'00" West 194.39 feet to a point; thence South 21°15'00" West 109.02 feet to a point of curve; thence Southeasterly along a curve to the left 207.80 feet, said curve having a central angle of 158°45'00", a radius of 75.00 feet, tangents of 399.79 feet and a long chord of 147.43 feet bearing South 79°22'30" East to a point of tangent; thence North 0e00'00" East 40.00 feet to a point; thence North 22°15100" West 110.00 feet to a point; thence North 6°00'00" East 320.00 feet to a point; thence North 88°00100" West 145.00 feet to a point; thence North 6°30'00" East 150.00 feet to a point; C ' J -U -B ENGINEERS, IN '903 Franklin Road • Bole, Idaho 83705 ' 1 Project: 7543-18 Date: September 8, 1977 Page: 2 - Cherry Lane Village Golf Courses 12 6 13 i :i thence North 19°00100":East 180.00 feet to a point; i thence North 3°00'00" East 260.00 feet to a point; thence North 35°30100" East 250.00 feet to a point; thence North 22°45'00" East 265.00 feet to a point; • thence North 65045'00" West 60.00 feet to the point of beginning, comprising 4.96 acres, more or less. Prepared by: J -U -B ENGINEERS, Inc., I ' SIERED I I 0 c�_o � l Q. C F 9�y[. ROOE���� EWki/JAp:na Gary L. Rodenspiel, L.S. a I I i Q: J -.0-'B ENGINEERS, IN `07 Franklin ao•a . Bolt., la.no a»os Project: 7543-18 Date: September 8, 1977 DESCRIPTION FOR CHERRY LANE VILLAGE GOLF COURSES 14 THRU 17, A PORTION OF THE SE 1/4, SECTION 3, T.3N., R.1W., B.M., MERIDIAN, ADA COUNTY, IDAHO A parcel of land lying in a portion of the SE 1/4 of Section 3, T.3N., R.1W., B.I.I., Meridian, Ada County, Idaho and more particularly described as follows: Beginning at a point marking the Southeast corner of the said SE 1/4 of Section 3; thence North 43°59'32" West 622.10 feet to a point, also said point being the REAL POINT OF BEGINNING; thence South 86°28'00" West 143.88 feet to a point; thence South 83008100" West 328.98 feet to a point; thence North 85022'00" West 165.85 feet to a point; thence North 73058'00" West 145.93 feet to a point; thence North 62040'00" West 156.09 feet to a point; thence North 52038'00" West 154.62 feet to a point; thence North 67052'00" West 168.57 feet to a point; thence North 58010'00" West 89.42 feet to a point; thence North 28037'00" West 100.04 feet to a point; thence North 14000'00" West 125.00 feet to a point; thence North 87019100" West 125.00 feet to•a point; thence South 35000'00" West 78.00 feet to a point; thence South 16030'00" West 110.00 feet to a point; thence South 35000'00" West 156.91 feet to a point; thence South 61043'00" West 315.50 feet to a point; thence South 49021'00" West 157.00 feet to a point; J -U -B ENGINEERS. IN —03 Franklin Road. Ool,a. Idaho 63705 Project: 7543-18 Date: September 8, 1977 Page: 2 - Cherry Lane Village Golf Courses 14 thru 17 thence South 80018'00" West 80.78 feet to a point; thence North 37047'00" West 79.68 feet to a point; thence North 0009'00" East 171.92 feet to a point; thence North 32050'00" East 231.74 feet to a point; thence North 30003'39" East 225.00 feet to a point; thence North 44015'00" East 137.90 feet to a point; thence North 54045'00" East 283.52 feet to a point; thence North 41011'55" West 106.78 feet to a point; thence South 66045'00" West 166.25 feet to a point; thence North 57012'00" West 68.36 feet to a point; thence North 29000'00" West 92.78 feet to a point; thence North 61000'00" East 86.26 feet to a point of curve; thence Northeasterly along a curve to the left 93.20 feet, said curve having a central angle of 23043'56", a radius of 225.00 feet, tangents of 47.28 feet and a long chord of 92.53 feet bearing North 49008'02" East to a point of ending of.curve; thence South 58021'00" East 100.63 feet to a point; thence North 81034'29" East 389.33 feet to a point; thence South 44047'48" East 41.29 feet to a point; thence South 20030100" East 80.00 feet to a point; thence South 13053'29" West 148.29 feet to a point; thence South 11015'00" East 25.46 feet to a point; thence South 43059'35" East 152.65 feet to a point; thence South 69030'00" West 20.00 feet to a point; thence South 1000'00" West 100.00 feet to a point; 0 0 J -U -B ENGINEERS, IN F --'J Franklin Road • Boha, Idaho 83705 Project: 7543-18 Date: September 8, 1977 Page: 2 - Cherry Lane Village Golf Courses 14 thru 17 thence South 19°30'00" East 145.00 feet to a point; thence South 61°35'49" East 650.00 feet to a point; thence South 78°30'00" East 250.00 feet to a point; thence South 83°06'42" East 328.97 feet to a point; thence South 4°30'00" East 34.77 feet to the point of beginning, com- prising 17.32 acres, more or less. Prepared by: J -U -B ENGINEERS, Inc. EU 44. �7 r Gary L. Rodenspiel, L.S. EWW/JAP:na i • 0 J -U -B ENGINEERS, IN Franklin Assad • Bois:, loano 83705 Project: 7543-18 Date: September 8, 1977 Revised: April 14, 1978 REVISED DESCRIPTION FOR CHERRY LANE VILLAGE LAKE AND CLUBHOUSE AREAS AND GOLF COURSES 10 AND 18 PORTIONS OF THE S 1/2 N 1/2 AND N 1/2 S 1/2, SECTION 3, T.3N., R.1W., B.M., MERIDIAN, ADA COUNTY, IDAHO A parcel of land lying in portions of the S 1/2 of the N 1/2 and the N 1/2 of the S 1/2 of Section 3, T.3N., R.N., B.M., Meridian, Ada County, Idaho and more particularly described as follows: Beginning at a point marking the Northwest corner of the said N 1/2 of the S 1/2 of Section 3; thence South 89°25'06" East 2,077.73 feet along the Northerly boundary of the said N 1/2 of the S 1/2 of Section 3 to a point, also said point being the REAL POINT OF BEGINNING; thence South 0°29'44" West 335.18 feet to a point; thence South 51°45'00" East 580.00 feet to a point; thence South 35°00'00" East 285.33 feet to a point; thence South 22°15'00" West 60.05 feet to a point; thence South 43°58'10" East 238.75 feet to a point; thence South 29000100" East 110.00 feet to a point; thence North 61000'00" East 81.19 feet to a point of curve; Chance Northeasterly along a curve to the left 147.14 feet, said curve having a central angle of 48010'23", a radius of 175.00 feet, tangents of 78.23 feet and a long chord of 142.84 feet bearing North 36054'46" East to a point of ending of curve; thence North 56030'00" West 151.38 feet to a -point; thence North 41030'00" West 203.92 feet to a point; thence North 17015'00" West 94.14 feet to a point; thence North 22015'00" East 147.00 feet to a point; thence Ncrth 65050'00" East 45.00 feet to a point; 0 0 0 J -U -B ENGINEERS. INC. ^i Franklin Hoad • Oolsa, Idaho 8.3705 Project: 7543-18 Date: September 8, 1977 Revised: April 14, 1978 Page: 2 - Cherry Lane Village Lake & Clubhouse Areas and Golf Courses 10 & 18 thence South 87°20'00" East 78.40 feet to a point; thence South 68°00'00" East 61.48 feet to a point; thence South 71033'25" East 88.05 feet to a point; p thence South 60°00'00" East 108.33 feet to a point of beginning of curve; thence Northeasterly along a curve to the right 139.32 feet, said curve having a central angle of 25°35'19", a radius of 311.95 feet, tan- gents of 70.84 feet and a long chord of 138.16 feet bearing North 56°12'20". East to a point of tangent; thence North 69°00100" East 115.08 feet to a point of curve; thence Northeasterly along a curve to the left 125.75 feet, said curve having a central angle of 24"25'22", a radius of 295.00 feet, tangents of 63.84 feet and a long chord of 124.80 feet bearing North 56°47'19" East to a point of ending of curve; thence North 44°00'00" West 79.63 feet to a point; thence North 67°45'00" West 160.00 feet to a point; thence South 65°50'00" West 244.67 feet to a point; thence North 50°30'00" West 114.35 feet to 'a point; thence North 44°00100" East 90.00 feet to a point; thence North 17°00'00" West 175.00 feet to a point; thence North 12°00'00" East 280.00 feet to a•point; thence North 77°30'00" West 170.00 feet to a point; thence South 68°00'00" West 265.00 feet to a point marking the Northeast corner of the SW 1/4 of the said Section 3; thence North 75°30'00" West 190.00 feet to a point;. thence North 40000'00" West 40.00 feet to a point; thence South 75°59'31" West 70.00 feet to a point; J -U -B ENGINEERS. INC. 103 Franknn Road . Bolsa. Idaho 87700 Project: 7543-18 Date: September 8, 1977 Revised: April 14, 1978 Page: 3 — Cherry Lane Village Lake & Clubhouse Areas and Golf Courses 10 & 18 thence South 25000'00" West 64.19 feet to a point on the said Northerly boundary of the N 1/2 of the S 1/2 of Section 3; thence North 89025'06" West 254.51 feet along the said Northerly boundary of the N 1/2 of the S 1/2 of Section 3 to the point of begin- ning, comprising 17.75 acres, more or less. Prepared by: J -U -B ENGINEERS, Inc. \SIERE�D A, /i ��V .i' 9E� I,/►D�O EWW/JAP:na IT, Gary L. Rodenspiel, L.S. OCT 'l 19Iu AC AGREEMENT MADE THIS Jay of1(1 1978, between the CTTY OF MPRID-rAM, TDAIIO, n III,,,-.jcip,7,j corpora,7 tion, herein rufcrr(,d to ar; City and MuPACTI"TC COM.I'MY, an corporation, having itr; principal place of J)jjsj.jj0.sS at portla:,I, Oregon, herein referred to an Grantor. RECITAT,S Grantor. is (--11(-2 mvncr incl OPtLOI) II()Id('I-- Of certain real pr(-,.r)orty in UIC! "it" Of Mor.idian, Ad,-, County, T,Iaho, thc.,. description of which J.:; ai:t,-jcjj(.:d hereto as Fxhibit: A. Said real property is currently lx�inq developed, an,'! plan!-, for further development are, con'tPnIl)1,)t'ctI, Hic ontirety of which shall. be known zi.,; Cherry Lane V11.1ago. As a part of and within Cherry Vi Ij,-jq,, the has substantially completed the construction of a mine-Tole course, and a second nine -hole extension ()II course is planned for later development.. :.City and Grantor have executed a Mr-'i.IOPANDUM OF U-NDFI.,- STANDING, a copy of which is attached horoto as Exhibit D, urloior which the coordination and design of the inii-Jal nine holes of the crolf. course, along with an under.-,tandi.nq as to the transfor of the ownership and maintonance of such an ii ijiLin.ir ,i[,,Ij qo1f course, is -set forth. Undcr. 01` Lilt., Grantor. has. submitted the.p.lans for the fil-st. rl-inc, holes of the golf course to o the Ci ty, and in t,irn the City has approved such plans for construction and eventual Lransror. The City and Grantor now wi:;Ii to onh,r into this Agreement for the trannfor of all of the ..-iture .golf course property, anrl I -et forth the: cilits ancl oblitr;:t ions under such transi-r of owner., --,hip. For the reasons set forth above, and in consideration of the promises of the parties hereto, and other good and valuable consideration, the receipt of which is acknowledged, the parties agree as follows: First nine 11ol.es--Transfer. Immediately following the second cutting of the initial nine holes of the golf course; and following written acknowledge- ment to both parties hereto by. JUB Engineers, Inc. that the plans and specifications have been substantially complied with, Grantor shall transfer by quit claim deed and City shall accept title to the initial nine holes of the golf course property, the legal description of which is attached hereto as Exhibit C and made a part hereof by this reference, for thL, City's ownership and maintenance as a public municipal golf course. In the event JUB Engineers specifies that a defect exists in the construction which does not substantially impair the use of the property as a golf course the transfer of ,title shall occur.and Grantor shall immediately correct such defect at no cost to the City. .JUB Engineers shall be the final and bind- ing arbitrator with.regard to any dispute or determination made under this clause. Second nine Iloles--Transfer. As provided in the section below entitled "Contingency", Grantor currently intends to design and construct nine additional hulo:s wlii.ch tAlal..l ho W11.11 t.li': I r •: ,:n C. �Ic�1.1' cuur;,u prol5erty as described in Exhibit C. Such additional holes will specifically, be designed and constructed in such a manner that such property, together with the initial nine -hole golf course, shall become one eighteen -hole golf course. Such additional. nine holes shall be designed and con- structed at no cost to the City, and upon completion of the second cntti.ng, as set forth below, the Grantor shall transfer by quit- (71aim Mood, and t:)c Cil:y shn.l.l accept title, said additional -2- golf course property to be owned and maintained by the City; and further., together with the initial nine hole:, shall be owned and maintained as an eightcon-hole public municipal golf course. Second Nine llo.les--Planning. Grantor shall submit drawings and plans to the City for the construction of the additional nine holes. Within thirty (30) days of its receipt of these drawings and plans, City shall review them and approve the drawings and plans in whole or in part. In the event of partial approval, and within such thirty (30) day period, the City shall suhmit- to Grantor written proposals for changes in the drawings and plans. Within thirty (30) days; of the submission of these proposals for changes, the Grantor shall review them and approve the proposals of the City in whole or in part. In the event of Grantor's partial approval of the proposals for changes, the matters which tlio parties are unable to agree upon shall be submitted to JUI3 Engineers who shall review the unresolved matters and make a final decision. Within a reasonable time thereafter Grantor shall enter into a contract, in the manner required by law and at no cost or liability to the City, for the construction and development of the remainder of the golf. course in accordance with the drawings and plans. Snr.ond Nino Iknl(,n--rnitjal Managoinonl- Isom the period oC :i.niL.iol cr:n .:Lruction of the addition- al golf course property until the completion of the second cutting of said property, Grantor shall maintain and manage the additional golf course property. Upon completion of the second cutting of the additional golf course property and before the property is deeded to the City, JU13 Engineers shall make a final inspection -3- Lr) in;urn that the golf course, mecLs the ronr;l-.ruction s;pec.ifi- cations. All co.rrecLi.ons which are deemed to lug cieccsr;ary to bring the golf course into conformance wit:.lt tlic construction specifications shall be made and paid for. by Grantor prior to the transfer of the golf course to the City. In the event JIM Engineers specifies that a defect exists in the construction which docs not substantially impair the use of the property as a part of the golf course the transfer of title shall occur and Grantor shall immediately correct such defect- at no cost to the City. JUD Engi.neor.; shall be the final and binding arbitrator with .regard to any dispute or determi- nation they make under. this Agreement. Contingency. Nothing in this Agreement shall be construed in any manner as to compel the Grantor to design and/or construct such additional nine holes for the �jolf course. Provided, however, that if Grantor exercir;es its final option for the purchase and development of the property encompassing Cherry Lane Village, as described in Exhibit A, it shall be under ate absolute obligation to construct and transfer said second nine holes. Furthermore, if such second nine holes are designed and constructed by Grantor at any time in the future, and provided that City is not in default. under the terms of this Agreement, this Agreement shall - so bind Grantor to transfer to the City, and the City to accept, such property. Managcment and Maintenance Oblication. ].ollowing the transfer to the City of any or all of the property under. this Agreement the City shall be wholly and com- pletely responsible for the management and maintenance of the golf course property, including any buildings constructed thereon, at no expense to the Grantor. As such th,e City may contract with -4- 0 any third party or parties for such management and/or mainte- nano', but: shall remain solely responsible to the Grantor for such and the Grantor may look exclusively to the City for any breach or default. Furthermor.o, the City agrees, at no cost to the Grantor, that such management and maintenance of the proporty shall. be at a standard of quality consistent with similar public municipal golf courses throughout the country. In that: regard the City will cooperate with some individual, golf agency or association, to be 'agreed upon by the parties, for the inspection and review of the management and maintenance of the golf course, and to make certain recommendations to insure that such aforementioned standard of quality is met. Such inspection and review shall take place from time to time as deemed necessary by those con- ducting the review, but shall.not occur less than annually. In the event the parties cannot reach an agreement on the identi- fication of the alternative individual, agency or association, BOB BALDOCK AND SONS, the architect primarily responsible for the design of the golf course, shall make .:such designation and it shall be binding upon the parties unless otherwise mutually agreed. The City acknowledge: that failure to maintain the golf couc property at the above set forth standard of quality may have a direct and detrimental effect: upon the value of the Grantor's surrounding( property. As: a consprtiir.nco Grantor retains the right to have the yol.f course maintained at the standard of quality so determined. Any recommendation .by such designated individual, agency or association with respect to management and/or maintenance shall. be Considered necessary to maintain the standard of quality intended by this Agreement unless the parties -5- • 0 mutually agrcc otherwi.so, and any failure on tho part of the City to so maintain the property, following notice of: nuc11 by the Grantor, may be deemed a breach of contract by the Grantor. After providing notice to 4:110' City that such maintenance is below the ctesi.gnatcd quality, Hin Grantor may, as set forth below under the section entitled "Default", enter upon the property to un(ler- take any such maintenanco activity; or., may declare the City in breach of contract, in whi.ch case the title to the property shall be revested in the Grantor. Insurance'. During the period the City is responsible for the main- tenance and operation of the golf course under the terms of this Agreement, the City shall. obtain and maintain at their sole expense, a policy of liability insurance for the joint and separate protection of the City and Grantor in the minimum amount of $500,000 for bodily injury or death of any one person and $1,000,000 for bodily injury or death of two or more persons in any one accident or event, and in the minimum amount of $200,000 for damage to property resulting from any one accident. The City shall also carry fire insurance on all structures in the amount that it would cost to replace such structures. Certified copies; of the above-described insurance policies and all certificates thereof shall he furnished to-the- Grantor. o the• Grantor.. Term. ]except as provi.dod in the section entitled "Assignment and Itepur.chase--Terms" herein, the term of this Agreement shall be for as long as the Grantor or any transferee of Grantor, owns any property in the residential development known as Cherry Lane Villago in Meridian, Ada County, Idaho or, any property annexed or contiguous to Cherry Lane Village, and may be terminated any time earlier by mutual written -consent of the parties. For purposes -6- o` this,ser_tio"' no roncl running within the properties shall act to render any of the properties nonconticluOus. Waiver of Breach. The waiver by a party of any brear_h of any term con- tained in this Agreement: shall not he cl,-�emed to be a waiver of such term for any subsequent or continuing breach of the same or any other term. Default and BrOach of Contract. _ -_ -- _ _ _ Should the City fail .in any respect: to comply with the terms of this Agreement with respect to the management and main- tenance of the golf course property as Set forth above; and further, should the Grantor notify the ' Y City in writing specifying the default asserted; and, Should the City fail to take proper action to cure such default within thirty (30) days thereafter, the Grantor shall, at .its sole discretion, retain the right to enter onto the golf course property to undertake proper mainte- nance, and/or may declare the City in breach of its contract and demand immediate return of the title to all such property theretofore conveyed to the City under the terms of this Agreement. If the Grantor declares such breach of contract the City shall immedi- ately convey the property, free and clear of all encumbrances, to the Grantor, and any obligation on the part of Grantor to trans- for any further properties under this Agreement not theretofore transferred shall be extinguished. Mod i f i ra h i -11S. This Agreement may only be amended or modified by mutual written consent of both parties. T3uildings . Nothing in this Agreement shall be construed or act to limit the City's right to construct, own, and/or operate, or allow such construction, ownership and/or.operation of any build- ing on the subject property--in the area allocated for such on -7- tho recorded plat --for any purpose con si.stent with the ownership, operation and maintenance of: the golf courr,e. This right sha.il include, but not be .limited to, the construction and operation of maintenance buildings, clubhouse facilities, restaurant, pro shop, driving range, or other .recreational facility. Assignment and Repurchase--Term-s_. Except as provided above in the section entitled "Management and Maintenance", unless agreed to .in writing by Grantor --or any transferee of Grantor --the City may not assign, gift, sell, hypothecate or in any manner transfer title of any of the property subject to this Agreement; and, furthermore, may not use, operate or maintain such property for primarily any use other than a public municipal golf course during the term of this Agreement. Following such period of time and for fifteen years thereafter the Grantor shall. have a richt of first refusal to purchase any or all of such property from the City if the City chooses to sell or transfer such property in any manner. The purchase price shall be determined by any verified bona fide offer to purchase,by an .independent third party or at the then • current market price based upon the Grantor's MAI appraisal. Grantor shall notify the City of its intent to exercise such right of first refusal within sixty (60) days of notice and verification of such offer or receipt by Grantor of such appraisal . Grantor may assign any or all of its rights and obli- gations under this Agreement, and notice of such shall be sent to the City. This Agreement ,hall be binding upon all adminis- trators, successors, heirs, assigns and transferees of any kind of the parties. -8- idoticcs. Any notice required under. this Aclreement given by one `he other shall be in writing and shall be deemed given _red personally with a cony by certified mail or when :entified mail to the following addressee, or other :he parties so designate in the manner set forth in m: ntor.: NuPacific Company, Inc. P. O. Box 1847 . Bellevue, tVA 98009 Y: Clerk of, the City Council. City of Meridian Meridian, ID 83642 ttorne Fc : - I any action, suit or proceeding to enforce this - by reason of breach thereof, the prevailing party titled to recover reasonable attorney's fees to be court, including fees on appeal. gal Description. legal description or any exhibits to this Agreement s, incomplete, or not attached at the time of execu- Agreement-, .it is understood and agreed that it is f the Grantor to transfer property as afore described tat of Cherry Lane Village in Meridian, Idaho encompass - eighteen hole golf course and appurtenant property. ascriptions or exhibits may be attached at any time .fe of t:h i.:; Agreement. 'la A<�lrecnuanL. ept as otherwise stated, all of the terms and con - is Agreement: between the parties hereto are stated representations or inducements have been made by other than those herein set forth. -9- IN WITNESS Wlir-mr.,op, the Grantor has caused this ciocu- mer.t to be executed in .i.tc, name by its proper and fully authorized Officers, and the City of Meridian has caused the same to be duly executed by its author.i.zed representatives, the date and year first above written. GRANTOR: N�yPACIFIC COMPAy Y, INC, S'PAT'E OF By:ev ��2e�V C• ����Y.d u ice h!sj4 County of -4jl.i� On this day of ! personal)<y ap1978 before me be the • ear d ('or/���_C_rL;•El �/ to me known, to �l� r�13� of Nvi'ACYFIC 0 .NY that executed the within and foregoing ins tr.ument, and acknowledged the said instru- ment to be the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned, and on oath stated, that he/she was authorized to execute said instrument. IN WITNESS WIif:RI:OF, I have hereunto set my hand and official seal the day and y.,r first a ve rirt. ii offr r Prb iF i an, othe Stt ae. hof �i5._..... Residing at. �— CITY OF MERIDIAN, IDA110, a Cnic pal Corporat on Y V1 Attest: C r}; of the Cit Counci 1 -10- EXHIBIT. B MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding by and between NuPacific Company, Inc. (hereinafter referred to as "Developer") and the City of Meridian, Idaho (hereinafter referred/to as "City") -is intended to set forth the understandin g between the parties relative to the design construction, ownership and maintenance of a golf course to be constructed on Developer's property in Meridian, Idaho known as Cherry Lane Village. The Developer intends to design and construct a nine hole golf course as a part of its Cherry Lane Village Development in Meridian, Idaho. The entire cost of such design and construction, through the second cutting of such golf course will be born by the Upon completion of the second cut of the golf course the Developer will deed the golf course property over to the City for its ownership and maintenance as a public municipal golf course. The City intends to maintain the course at its own expense and at a standard of quality consistent with similar courses throughou the country. In that regard the City will cooperate with a certain golf agency or association, to be designated at a later date, to insure that the course is inspected and maintained at such afore- mentioned standard of quality. .The configuration and design of the golf course has been 4 .dictated.by the placement of the lots within the development and approved by the City. The Developer intends to submit to the City the drawings and plans for•• h °. p ysical construction of the golf course within the near future. The City respects the Developer's con- struction schedule and therefore agrees to review and approve the plans and designs within ten days following their receipt. -1- a 1� In the event the City wishes to suggest r. rnn� n i n l.h�r ()r>1 f eclat;>c� r,u<:11 rlr.uu ,. , construction Icy I will be ;;ubmittcd prig to the end of the ten days review . period 1 The developer may then either incorporate such changes into the plans or object. If objection is made by the Developer to suggested changes by the City, the matter will then be submitted to JUB their determination. Engineers for JUd shall be the final arbitrator for any such change suggestions which are objected to by the Developer. Upon completion of the second cutting of the golf course, and before the property is deeded to the City, JUB Engineers shall make a final inspection to insure that the course meets the con- struction ;specifications. JUB shall be the final inspector prior to such deeding over by the Developer, and the City will not be respon- sible for maintenance until any defects are corrected by the Dev- eloper to JUB Engineer's satisfaction, or to the specifications of the design. Following the City's assumption of the golf course owner- ship the Developer will retain the right to have the course main- tained its proper standard ofualit 4 y and will be allowed to enter on to the property to undertake such maintenance at the Cit's y expense ip the event the City to do fails so following reasonable ngticr! of Developer's intent to undertake Such action. It is both parties intent that this memorandum of under- standing act as the agreement between the parties until such time as a formal contract document is executed -by them. NuPacific Company, Inc City Of -Meridian By. Date: -2•- P—U—B ENGINEERS, INf 07 Franklin Rosa • on�tie, ia.no $.7705 Project: 7543-06-1 Date: September 3, 1975 Revised: October 7, 1977 Revised: October 14, 1977 Revised: March 1, 1978 EXHIBIT A REVISION III DESCRIPTION FOR CHERRY LANE PLANNED COL%L%Mk ITY. OF KENT G. & MARY R. BARNEY AND JAMES W. & LOIS J. FULLER PROPERTY EXCLUDING FULLER'S AND BARNEY'S HOUSE PROPERTIES A PORTION OF SECTION 3, T.3N., R.1W., B.M., ADA COUNTY, IDAHO; A parcel of land lying in Section 3, T.3N., R.1W., B.M., Ada County, Idaho, and more'particularly described as follows: Beginning at an iron pin marking the Southeast corner of the SE 1/4 of the said Section 3, also said point marking the intersection of Cherry Lane and Ten Mile Road; th�:.nc.e North 89°16'13" West 210.00 feet along the Southerly boundary of the. -said SE 1/4 of Section 3, which is also the centerline of Cherry Lane, to an iron pin, also said point being the REAL POINT OF BEGINNING; . thence continuing North 89°16'13" West 2,439.62 feet along the Southerly boundary of the said SE 1/4 of Section 3, which is also the centerline of Cherry Lane, to an iron pin marking the Southwest corner of the said SE 1/4 of Section 3; thence North 89°14'51" West 330.63 feet along the Southerly boundary of the SW 1/4 of the said Section 3, which is also the centerline of Cherry Lsne, to an iron pin marking the Southwest corner of the E 1/2 of the F. 1/2 of the SE 1/4 of the said SW 1/4 of Section 3; thence North 0°28'53" East 1,329.03 feet along the Westerly boundary of the said E 1/2 of the E 1/2 of the SE 1/4 of the SW 1/4 of Section 3 to a point marking the Northwest corner of the said E 1/2 of the E 1/2 of the SE 1/4 j of the SW 1/4 of Section 3; thence North 89°19'58" West 330.12 feet along the Southerly boundary of the E 1/2 of the NE 1/4 of the said SW 1/4 of Section 3 to an iron pin marking the Southwest corner of the said E.1/2 of the NE 1/4 of the SW 1/4 of Section 3; thence North 0°30'11" East 1,334.22 feet along the Westerly boundary of the said E 1/2 of the NE 1/4 of the SW 1/4 of Section 3 to an iron pin; thence North 88°55'29" West 1,977.76 feet to an iron pin on the Westerly boundary of the NW 1/4 of the said Section 3; -U -B ENGINEERS, IN03 F(anklln Road • Sol%@.land 83705 6. 0 Project: 7543-06-1 Date: September 3, 1975 Revised: October 7, 1977 Revised: October 14, 1977 Revised: March 1, 1978 Page: 2 - Excluding Fuller's and Barney's House Properties thence North 0°38'27" East 2,021.05 feet along the Westerly boundary of the said NW 1/4 of Section 3, which is also the centerline of Black Cat Road, to an iron pin; thence South 89°23'04" Fast 1,042.02 feet to a point on the centerline of Eight Mile Lateral; thence South 56°28'32" East 248.22 feet along the centerline of Eight Mile Lateral to a point of curve; thence Southeasterly along the said centerline of Eight Mile Lateral along a curve to the right 132.85 feet, said curve having a central angle of 13°07'25", a radius of 580.00 feet, tangents of 66.72 feet and a long chord -of 132.56 feet bearing South 49°54'49" East to a point of tangent; tAenc(l South 43021'07" East 398.04 feet along the said centerline of Eight _ISile'La.t;eral to a point; thence South 37032'35" East 273.07 feet along the said centerline of Eight Mile Lateral to a point on the Northerly boundary of the SE 1/4 of the sai� NW 1/4 of Section 3; thence South 89018'58" East 834.67 feet along the said Northerly boundary of the SE 1/4 of the NW 1/4 of Section 3 to ad iron pin marking the Northeast corner of the said SE 1/4 of the NW 1/4 of Section 3; thence South 89002'00" East 1,321.04 feet along the Northerly boundary of the SW 1/4 of the NE 1/4 of the said Section 3 to an iron pin marking the Northeast corner of the said SW 1/4 of the NE 1/4 of Section 3; thence South 0026'04" West 1,053.70 feet along the Easterly boundary of the said -SW 1/4 of the NE 1/4 of Section 3 to an iron pin; thence North 89033'56" West 94.59 feet to a point; thence South 0026'04" West 202.46 feet along a line Westerly of and para- llel to the said Easterly boundary of the SW 1/4 of the NE 1/4 of Section 3 to a point; thence South 89033'56" East 74.59 feet to a point; thence South 0026104" West 87.02 feet along a line Westerly of and parallel to the said Easterly boundary of the SW 1/4 of the NE 1/4 of.Section 3 to a point; J -U -B ENGINEERS. IN* - OJ rrankiln Road • Oolte• Idaho 83705 0 Project: 7543-06-1 Date: September 3, 1975 Revised: October 7, 1977 Revised: October .14, 1977 Revised: March .1, 1978 Page: 3 - Excluding Fuller's and Barney's House Properties thence South 88°55'29" East 90.42 feet along a line Southerly of and. parallel to the Northerly boundary of the said SE 1/4 'of Section 3 to a point; thence South 5°22149" East 187.88 feet to a point; thence South 88°16'49" East 181.64 feet to a point; thence North 0°19'11" East 208.75 feet along a line Westerly of and parallel to*the Easterly boundary of the. said SE 1/4 of Section 3 to a point on the said Northerly boundary of the SE 1/4 of Section 3; thence South 88°55'29" East 1,051.00 feet along the said Northerly boundary of the SE 1/4 of Section 3 to an iron pin marking the Northeast corner of the said SE 1/4 of Section 3; thence South 0019'11" West 1,075.14 feet along the said Easterly boundary of the $E 1[4 of Section 3, which is also the centerline of Ten Mile Road, to an iron pin; thence North 89040'49" West 487.61 feet to a point on the centerline of k6tledge Lateral; thence South 71015'16" East 63.15 feet along the said centerline of Rut- ledge Lateral to a point; thence South 70035151" East 357.24 feet along the said centerline of Rutledge Lateral to a point of curve; thence Southeasterly along the said centerline of Rutledge Lateral along a curve to the left 18.41 feet, said curve having a central angle of 8018'20", a radius of 127.00 feet, tangents of 9.22 feet, and a long chord of 18.39 feet bearing South 74045'01" East to a point of tangent; thence South 78054'11" East 73.61 feet to a point on the Easterly boundary of the said SE 1/4 of Section 3; thence leaving the said centerline of Rutledge Lateral South 0019'11" West 117.32 feet along the said Easterly boundary of the SE 1/4 of Section 3 to an iron pin; thence South 89058'55" West 255.90 feet to an iron pin; thence South 0019111" West 170.11 feet along a line Westerly of and parallel to the said Easterly boundary of the SE 1/4 of Section 3 to an iron pin; c J -LJ -B ENGINEERS. IN� 103 Franklin Road • 130114. Idaho 87705 0 Project: 7543-06-1 Date: September 3, 1975 Revised: October 7, 1977 Revised: October 14, 1977 Revised: March 1, 1978 Page: 4 - Excluding Fuller's and Barney's House Properties thence North 89058155" East 255.90 feet to an iron pin on the said Easterly boundary of the SE 1/4 of Section 3; thence South 0°19'11" West 805.32 feet along the said Easterly boundary of the SE 1/4 of Section 3 to an iron pin; thence North 89°16'13" West 210.00 feet along a line Northerly of and parallel to the said Southerly boundary of the SE 1/4 of Section 3 to an iron pin; thence South 0019111" West 320.00 feet along a line Westerly of and parallel to the said Easterly boundary of the SE 1/4 of Section 3 to the point of beginning, comprising 330.16 acres, more or less. Prepared by: J-U-B'ENGINEERS, Inc. Gary L. Rodenspiel, L.S. DMP/JAP:na Froject: 7543-18 Date: September 8, 1977 Revised: April 14, 1973 EXHIBIT C REVISED _ DESCRIPTIOS FOR C11ER.RY LANE VILLAGE LADE AND CLUBHOUSE ARLAS AND GOLF COURSES 10 AND 13 PORTIONS OF T11� S 1/2 N 1/2 AND N 1/2 S 1/2, SECTION 3, T.3N., R.11i., B.M., MERIDIAN, ADA COMITY, IDAHO A parcel of land lying in portions of the S 1/2 of the N 1/2 and the N 1/2 of the S 1/2 of Section 3, T.3N., R.1W., B.M., Meridian, Ada County, Idaho and more particularly described as follows: Beginning at a point marking the Northwest•corner of the said N 1/2 of the S 1/2 of Section 3; .I thence South 89°25'06" East 2,077.73 feet along the Northerly boundary of the said N 1/2 of the S 1/2 of Section 3 to a point, also said point 'being the REAL POINT OF BEGINNING; tiihce South 0029'44" West 335.18 feet to a point; thence S66th 51°45'00" East 580:0`0 feet.to a point; . t'Aence Outh 35°00'00" East 285.33 feet to. a point; ih%iice South 22'15'00" West 60.05 feet to a point; . thence South 43'58'10" East 238.75 feet to a point; thence South 29°00'00" East 110.00 feet to a point; thence North 61`00'00" East 81.19 feet to a point of curve; thence Northeasterly along a curve to the left 147.14 feet, said curve having a central angle of 48°10'23", a radius of 175.00 feet, tangents of 78.23 feet and a long chord of 142.84 feet bearing North 36°54'46" East to a point of ending of curve; . thence North 56°30'00" West 151.38 feet to a point; thence North 41°30'00" West 203.92 feet to a point; thence North 17'15'00" West 94.14 feet to a point; thence North 22°15'00" East 147.00 feet to a point; thence Ncrth 65°50'00" East 45.00 feet to a point; U -LJ l:NLA1NL'LHLj, IIN1..;. !.903 F'ranklln Road • O0110. Idaho 63703 i Project: 7543-13 Date: Septondler 8, 1977 Revised: April 14, 1978 J• Page: 2 - Cherry Lane Village Lake b Clubhouse Areas and Colf Courses 10 b 18 thence South 87°20'00" East 78.40 feet to a point; thence South 68°00'00" East 61.48 feet to a point; thence South 71°33'25" East 88.05 feet to a point; thence South 60°00'00" East 108.33 feet to a point of beginning of curve;' thence Northeasterly along a curve to the right 139.32 feet, said curve having a central angle of 2535'19", a radius of 311.95 feet, tan- gents of 70.84 feet and a long chord of 138.16 feet bearing North 56°12'20" East to a point of tangent; thence North 69000'00" East 115.08 feet to a point of curve; thence Northeasterly along a curve to the left 125.75 feet, said curve having a central angle -of 24025'22", a radius of 295.00 feet, tangents of 63.84 feet and a long chord of 124.80 feet bearing North 56°47'19" East to a"pbint of ending of curve; O� thence North 44°00'00" West 79.63 feet to a point; ,n thence North 67°45100" West 160.00 feet to a point; thence South 65°50'00" West 244.67 feet to a point; thence North 50°30100" West 114.35 feet to a point; thence North 44'00'00" East 90.00 feet to a point; thence North 17°00'00" West 175.00 feet to a point; thence North 12 00'00" East 280.00 feet to a point; thence North 77'30'00" West 170.00 feet to a point; thence South 68°00'00" West 265.00 feet to a point marking the Northeast corner of the S14 1/4 of the said Section 3; thence North 75"30'00" West 190.00 feet to a point; thence North 40000'00" West 40.00 feet to a point; thence South 75059'31" Weat 70.00 feet to a point; Project: 7543-13 Date: September 8, 1977 Revised: April 14, 1978 Page: 3 -Cherry Lane Village Lake & Clubhouse Areas and Golf i Courses 10 S 18 thence South 25000100" hest 64.19 feet to a point on the said Northerly boundary of the N 1/2 of the S 1/2 of Section 3; I thence North 89025906" West 254.51 feet along the said Northerly boundary of the N 1/2 of the S 1/2 of Section 3 to the point of begin- ning, comprising 17.75 acres, more or less. i Prepared by: J -U-$ ENGINEERS, Inc. Cary L. Rodenspiel, L.S. Mi/JAY : na Project: 7543-18 Date: September 8, 1977 DESCRIPTION FOR CHERRY LANE VILLAGE GOLF COURSE NO. 11 A PORTION OF THE N 1/2 SE 1/4, S1CTION 3, T.3N., R.1W., B.M., MERIDIAN, ADA COUNTY, IDAHO A parcel of land lying in a portion of the N 1/2 of the SE 1/4 of Section 3, T.3N., R.1W., B.M., Meridian, Ada County, Idaho and more par- ticularly described as follows: Beginning at a point marking the Northeast corner of the said SE 1/4 of Section 3; thence South 61°14'35" West 499.02 feet to a point, also said point being the REAL POINT OF BEGINNING; thence South 31°00100" East 100.00 feet to a point; n tIenee South 54000100" West 180.00 feet to a point; therice South 66°00100" West 200.00 feet to a point; thence South 83°30100" West 433.26 feet to a point; `thence South 79'45'00" West 260.25 feet to a point; thence South 57°00100" East 20.00 feet to a point; thence South 83°15'00" West 400.00 feet -to a point; thence South 65°23'33" West 78.68 feet to a point; thence North 19°36'38" West 100.00 feet to a point; thence North 69°00100" East 15.08 feet to a point of curve; 'hen tnence Northeasterly along a curve to the left 200.57 feet, said curve having a central angle of 33°18'35", a radius of 345.00 feet, tangents of 103.21 feet and a long chord of 197.76 .feet bearing North 52°20'43" East to a point of ending of curve; thence South 54918135" East 73.51 feet to a'point; thence North 65000100" East 78.00 feet to a point; thence South 57°.00100" East 20.00 feet to a point; 11 i .�-U- B ENGINEERS, IN 5903 Franklin A04d • 00116, 1d&no 03703 • I Project: 7543-18 Date: September 8, 1977 Page: 2 - Cherry Lane Village Golf Course No. 11 thence North 77°00'00" East 325.00 feet to a point; thence North 82°00'00" East 390.00 feet to a point; thence North 76°30'00" East 305.00 feet to a point; thence North 65°15'00" East 145.00 feet to the point of beginning, comprising 5.03 acres, more or less. EWW/JAP:na I Prepared by: J -U -B ENGINEERS, Inc. Gary L. Rodenspiel, L.S. .J -U- B ENGINEERS, I# 5903 F,anknn Road • 901sa, Idaho 63705 Is Project: 7543-18 Date: September 8, 1977 Revised: September 27, 1978 REVISED j DESCRIPTION FOR CHERRY LANE VILLAGE GOLF COURSES 12 & 13 A PORTION OF THE E 1/2 SE 1/4, SECTION 3, T.3N., R.1W., B.M., MERIDIAN, ADA COUNTY, IDAHO A parcel of .land lying in a portion of the E 1/2 of the SE 1/4, Section 3, T.U., R.1W., B.M., Meridian, Ada County, Idaho and more particularly described as follows: Beginning at a point marking the Northeast corner of the said E 1/2 of the SE 1/4 of Section 3; thence South 36005'29" West 623.99 feet to a point, also said point being the REAL POINT OF BEGINNING; thence South 38000100" West 305.00 feet to a point; tea' --=a South 32000100" West 205.00 feet to a pont; thence South 29045100" West 175.00 feet to a point; thence South 8030'00" West 220.00 feet to a point; thence South 0000'00" East 400.00 feet to a point; thence South 87000'00" East 185.00 feet to a point; thence South 1000100" West 194.39 feet to a point; thence South 21015100" West 109.02 feet to a point of curve; thence Southeasterly along a curve to the left 263.44 feet, said curve having a central angle of 201015'00", a radius of 75.00 feet, no tangents and a long chord of 147.43 feet bearing South 79022'30" East to a point of tangent; thence North 0000'00" East 40.00 feet to a point; thence North 22015'00" West 110.00 feet to a point; , i thence North 6000'00" East 320.00 feet to a point; thence North 88000'00" West 145.00 feet to a point; thence North 6030'00" East 150.00 feet to a point; 100 J -U -B -.ENGU,IEERS, INC. 5907 Road • sola, Idaho 83705 • 0 Project: 7543-18 Date: September 8, 1977 Revised: September 27, 1978 Page: 2 - Cherry Lane Village Golf Courses 12 b 13 thence North 19000100" East 180.00 feet to a point; thence North 3000100" East 260.00 feet to a point; thence North 35030'00" East 250.00 feet to a point; thence North 22045100" East 265.00 feet to a point; thence North 65045100" West 60.00 feet to, the point of beginning, comprising 5.37 acres, more or less. Prepared by: J -U -B ENGINEERS, Inc. Gary L. Rodenspiel, L.S. ,I sgoJ r i.nwnn iiosa • uoHe; iav aims 1 Project: 7543-18 Date: September 8, 1977 DESCRIPTION FOR CIERRY LANE VILLAGE GOLF COURSES 14 THRU 17, A PORTION OF THE SC 1/4, SECTION 3, T.3N., R.1W., B. M. 11ERIDIAN, ADA COUNTY, IDAHO A parcel of land lying in a portion of the SE 1/4 of Section 3, T.3N., R.1W., B.M., Meridian, Ada County, Idaho and more particularly described as follows: Beginning at a point marking the Southeast corner of the said SE 1/4 of Section 3; thence North 43°59'32" West 622.10 feet to a point, also said point being the REAL POINT OF BEGINNING; thence South 86°28'00" West 143.88 feet to a point; thence South 83°08'00" West 328.98 feet to a point; tbencd North 85°22'00" West 165.85 feet to a point; theiiee North 73058'00" West 145.93 feet to a point; thence North 62040100" West 156.09 feet to a point; thence North 52038'00" West 154.62 feet to a point; thence North 67052'00" West 168.57 feet to a point; thence North 58010100" West 89..42 feet to a point; thence North 28037'00" West 100.04 feet to a point; thence North 14000100" West 125.00 feet to a point; thence North 87019'00" West 125.00 feet to•a point; thence South 35000'00" West 78.00 feet to a point; thence South 16030'00" West 110.00 feet to a point; thence South 35000'00" West 156.91 feet to a point; thence South 61043'00" West 315.50 feet to a point; thence South 49021'00" West 157.00 feet to a point; V—LJ-LLD t_ I VL711 VCu.r-i , n V 3YVJ rranw in noxa • uone, jo8no sJ/va Project: 7543-18 Date: September 8, 1977 Face: 2 - Cherry Lane Village Golf Courses 14 thru 17 thence South 80°18'00" West 80.78 feet to a point; thence North 37°47'00" West 79.68 feet to a point; thence North 0009'00" East 171.92 feet to a point; thence North 32°50'00" East 231.74 feet to a point; thence North 30°03'39" East 225.00 feet to a point; thence North 44°15'00" East 137.90 feet -'to a point; thence North 54°45'00" East 283.52 feet to a point; thence North 41°11'55" West 106.78 feet to a point; thence South 66°45'00" West 166.25 feet to a point; thence North 57°12'00" West.68.36 feet to a point; thence North 29°00'00" West 92.78 feet to a point; --enc.- thence enc..thence North 61°00100" East 86.26 feet to a point of curve; thence Northeasterly along a curve to the left 93.20 feet, said curve having a central angle of 23°43'56", a radius of 225.00 feet, tangents of 47.28 feet and a long chord of 92.53 feet bearing North 49°08'02" East to a.point of ending of curve; thence South 58°27'00" East 100.63 feet to a point; thence North 81°34'29" East 389.33 feet to a point; thence South 44°47'48" East 41.29 feet to a point; thence South 20030'00" East 80.00 feet to a point; thence South 13'53'29" West 148.29 feet to a point; thence South 11°15'00" East 25.46 feet to a point; thence South 43°59'35" East 152.65 feet to a point; thence South 69'30100" West 20.00 feet to a point; thence South 1°00100" West 100.00 feet to a point; a 7. 1 ■ uulse. 104ho 87705 Project: 7543-18 Date: September 26, 1978 TEMPORARY INGRLSS-ECRL .SS EAS UtENT NO. 1 USCRIPTION FOR CHERRY LANE VILLAGE A PORTION OF THE UE 1/4 SE 1/4, SECTION 3, T.3N., R.1W., B.M., ?IERIDIAN, ADA COUNTY, IDAHO . A 40 -foot temporary ingress -egress easement lying 20.00 feet Southwesterly of and 20.00 feet Northeasterly of and adjacent to ,the following described cen- terline; Beginning at the Southeast corner of the SE 1/4 of Section 3, T.3N., R.N. B.M., Meridian, Ada County, Idaho; , thence North 0'19111" East 2,643.15 feet along the Easterly boundary of the said SE 1/4 of Section 3 to a point marking the Northeast corner of the said SE 1/4 of Section 3 thence South 50°21144" West 578.49 feet to a point. also said point being the Rka POINT OF BEGINNING; - thence South 24043118" East 162.73 feet to the point of ending of the above descri6e*&-eecfl rline. -e-_Z.0e0 _Pn. Prepared by: J -U -B ENGINEERS, Inc. 2 ql�i '7 gin` �rI• ROD�y/ Gary L. Rodenspiel, L.S. J -1 -J -B ENGINEERS, INIQ 590,1 F,ankUn Hoag • 80lte, Idaho 8j705 Project: 7543-18 Date: September 26, 1978 TMPOURY INGRESS-1-M,11:SS EASC4LNT ;10. 2 DtiSCRIPTI0;1 FOR CHERRY L VIE VILLAGE PORTION OF THE NW 1/4 SE 1/4, SECTION 3, T.3y., R.1W., B.M., MERIDIAN, ADA COUNTY, IDAHO A 40 -foot temporary ingress -egress easement lying 20.00 feet Southwesterly of and 20.00 feet Northeasterly of and adjacent to the following described cen- terline; Beginning at the Northeast corner of the SE 1/4 of Section 3, T.3N., R.1W., B.M., Pteridian, Ada County, Idaho; thence North 88'55'29" West 2,643.29 feet along the Northerly boundary of O the said SE 1/4 of Section 3 to a Point marking the Northwest corner of the said Si`144 of Section 3;'eC 1 thence South 13028'47" East 1,258.43 feet to a point, also said point being the REAL `7,QINT OF BEGINNING; 2" thence South 37001151" East X0.50 feet to the point of ending of the above dascr be —8eAerlina. ssec�s'je,J -en Prepared by: J -U -B ENGINEERS, Inc. Gary L. Rodenspiel, L.S. , E'.4W/KFR : dm —U-8 ENGINEERS, INC0 5903 Fl.nknn Ro.e • Bolts, 111eho 83705 0 Project: 7543-18 Date: September 26, 1978 TMIFO.4ARY INGUSS-EGRESS F.ASUMENT NO. 3 DESC,UrTION MI. C 1E;:RY LANE VILLAGE PORTION OF T11r 11F.4 1/4 SL.1/4, SECTION 3, T. 3'N. , R. 1W. , B -M. , HERIDIAIN, ADA COU:JTY, IDAHO A 40 -foot temporary ingress -egress easement lying 20.00 feet Southwesterly of and 20.00 feet 'northeasterly of and adjacent to the following described cen- terline; i Beginning at the Northeast corner of the SE 1/4 of Section 3, T.31., R.lW., B.M., Ada County, Idaho; thence Horth 88"55'29" West 2,643.29 feet along the Northerly boundary of 0 the said SE 1/4 of Section 3 to a point marking the Northwest comer of the said SE 1/4 of Section 3; uth 51'00'07" East 960.70 feet to a point, also said point being the RZ&L POINT OF BEGINNING; _��h�yceeSouth 31003101" East 50.82 feet to the point of ending of the. above described centerline. Prepared by: J -U -B ENGINEERS, Inc.. FRED 14 o v y0.. aoA �✓�JP� c�qF Of 10L)\r 1. RO�E�S Gary L. R.odenspiel, L.S. E'aW/RFK : dm J-Lrl-B ENGINEERS, 1 6 . 590.1 Franklin Road • Bolse. Idaho 83705 Froject: 7543-18 Date. September 26, 1978 TMPORARY INGRESS -EGRESS EASMENT NO. 4 DESCRIPTIOV FOR CHERRY I-Aj E VILLAGE PORTION OF TILE SE 1/4 SE 1/4, SZCTION 3, T.3ti., R.1W., B.M., MERIDIAN:, ADA COUNTY, IDAHO A 40 -foot temporary ingress -egress casement lying 20.00 feet Southwesterly of and 20.00 feet Northeasterly of and adjacent to the following described cen- terliae; Beginning at the Northeast corner of the SE 1/4 of Section 3, T.U., R.1W., B.M., Meridian, Ada County, Idaho; thence South 0'19'11" West 2,643.15 feet along the Easterly boundary of. the said SE 1/4 of Section 3 to a point marking the Southeast corner of the as'Yd `'SE 1/4 of SectiE `3; ra7 ...1Jl thence North 46x07'05" West 708.95 feet to a point, also said.point being the R ,: E'Y&NT OF BEGINNING; •^4t O` ,ie thence North 19'33'52" West 57.18 feet to a point of ending of the above described `Iied`�'>?erline. Jes r . zd cer Prepared by: J -U -B ENGINEERS,.Inc. • �• s��l�E Y� N Z 9 nC C 1. ROO��S� Gary L. Rodenspiel, L.S. EWW/KFR:dm i=NGiNEERS, 1 5703 Franknn Road • f3olse. Idaho 83705 Project: 7543-18 Date: September 26, 19103 TUIPORARY ACCESS km FAI'.KING EAMIEYT DESCRIPTION FOR GUERRY LANE VIL!a%GE PORTION OF THE N 1/2 S 1/2, SECTION 3, . T.3i1., R.111., B.M., MERIDIX4, ADA COUNTY, IDAHO A temporary access and parking easement lying in the N 1/2 of the S 1/2 of__S.ection 3, T.3N., R.1W., B.M., Meridian, Ada County, Idaho and more parti- cularly described as follows: Beginning at the Northeast corner of the said S 1/2 of Section 3; thence North 38855'29" West 2,643.29 feet along the Northerly boundary of the said S 1/2 of;:Section 3 to a point marking the Northwest corner of the SE 1/4 of the said Section 3; �,:ahence South 59'37'17" West 651.55 feet to a point, also said point being the REXL POINT OF BEGINNING; thence_South 0°29'44" West 110.21 feet'to a point; `ri^9 fin. thence South 68'54'11" East 169.56 feet to a point of curve; ..-thence Southeasterly along a curve to the right 59.46 feet, also said curve having a.ceatral angle of 34'04110", a radius of 100.00 feet, tangents of 30.64 feet and a long chord of 58.59 feet bearing South 51°52'06" East to a point of tangent; thence South 34°50'01" East 451.00 feet to a point; thence South 56'00100" West 245.82 feet along a line 60.00 feat Northerly of and parallel to the Northerly boundary of Cherry Lane Village Pio. 1 Subdi- vision, as filed for record in the office of the Ada County Recorder; Boise, Idaho, in Book 44 of Plats at pages 3537 through 3539 to a point; thence South 34°00100" East 60.00 feet to an angle point on the said Northerly boundary of Cherry Lane Village No. 1 Subdivision; thence North 56000100" East 305.46 feet along the said Northerly boundary of Cherry Lane Village No. 1 Subdivision to a point marking the Northeast cor- ner of Lot 2 of Block 9 of the said Cherry Lane Village No. 1 Subdivision; thence South 43'58'10" East 75.57 feet along the Northeasterly boundary of the said Cherry Lane Village No. 1 Subdivision to a point; cNCGINEERS. INC. 5901 Frankiin Noaa • Oolse, Itlaho 8 705 Project: 7543-13 Date: September 26, 1978 Page: 2 - Temporary Access & Parking Easement for Cherry Lane Village thence North 22'15'00" East 60.05 foot to a point; thence North 35°00'00" West 285.33 feet to a point; thence North 51'45'00" Fest 530.00 feet to the point of beginning," comprising 1.93 acres, more or less. Prepared by: J -U -B ENGINEERS, Inc. ni I�RO Iq, / V\S Q . .• /7 c4 00 \�.. �I• ROOt\�S / Gary L. Rodeaspiel, L.S. %W/M: : dm P104- R TITLE COMPANY vs, OF ADA COUNTY tp 821 West State Street / Boise, Idaho 83702 (208) 336-6700 888 North Cole Road / Boise, Idaho 83704 (208) 377-2700 P-13685 JB SPACE CORRECTION QUITCLAIM DEED s�ol6aJC PIONEER TITLE v. U,. ..... ..,i J.. `0jSL io FOR RECORDING DATA FOR VALUE RECEIVED JAMES W. FULLER and LOIS JEAN FULLER, AKA LOIS J husband and wife, do hereby convey, release, remise and forever quitclaim unto CITY OF MERIDIAN, an Idaho municipal corporation, whose address is: 33 East Idaho Avenue, Meridian, Idaho 83642 the following described premises, to wit: See the Attached Exhibit "A" for legal description, which by this reference is incorporated herein. !MzZ? Uak 03'k 0�1 FULLER, THIS CORRECTION QUITCLAIM DEED IS FOR THE PURPOSE OF CORRECTING THE LEGAL DESCRIPTION FOR CONVEYANCE OF PROPERTY, WHICH WAS RECORDED UNDER THAT CERTAIN SPECIAL DEED, RECORDED JUNE 7, 1994, UNDER INSTRUMENT NO. 94053196.. THIS CORRECTION QUITCLAIM DEED HAS BEEN REVIEWED AND ACCEPTED BY THE CITY OF MERIDIAN. B together with their appurtenances. Dated: March 13, 1995 �� V gamesW. uller o e5r�u er r STATE OF Idaho Ada County of ss ^� On this �3 �� day of March in the year of 1995 before me persotfaBYaPp�ed,`..'''"'' James W. Fuller and Lois Jean Fuller anotarypubfic, kno ' otldepiified to.tne to bethe petson(s) whose names) are subscribed to the within �7 =>> isnj. ,'acknowledged to me that t he Y executed the same. Notary Pub wt .. t.,;r; • r` ? ' Residing at: My Commission Expires: /y9S 'n+ r7(iL! 1'C L.1[191i(SOP (�pFjOi� LQir1[��t� L Ll Cly l fit") '� L1 n'LfL�CIi'ISYtIVi>��t'��It�OiV1 12f 0i)irl�[11?L101) %.EMGIyF�pOn . HUBBLANGINEERING, INC. 9550 Bethel Court ■ Boise, Idaho 83709 208/322-8992 ■Fax 208/378 -0329 910 SURVEyOPy Project No. 93082 January 13, 1995 Ashford Greens Golf Course \ CORRECTED CHERRY LANE . GOLF COURSE PARCEL (BOUNDARY REVISED AND RIGHTS-OF-WAY OMITTED) A portion of SW1/4 of the+NWN114 of Section 3, T.3N., RAW., B.M., Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the corner common to Sections 4, 9, 10 and the said Section 3; thence North 0038'11" East, 2651.19 feet to the quarter corner common to said sections 3 and 4 as same was reestablished by LS 972 (CP & F Instrument No. 7852146, records of Ada County, Idaho); from which the Northwest corner of said Section 3 bears North 0038'27" East, 2697.49 feet; thence North 003827" East 22.64 feet to a 5/8" iron pin; thence South 88°55'31" East, 379.53 feet to the REAL -POINT OF BEGINNING. Thence North 5°39'31" East, 290.28 feet to a point; thence 46.45 feet along the arc of a non4angent curve to the right, having a radius of 250.00 feet, a central angle of 10038'46", and a long chord bearing South 49°22'43" East, 46.39 feet to a point; thence South 44003'20" East, 136.41 feet to a point*,. thence South 8018'10" East, 165.80 feet to a point; thence North 88055'31" West, 182.65 feet to the Point of Beginning. Containing 0.82 acres, more or less. AND ALSO: A portion of Government Lot 4 and the SW1/4 of the NW1/4 of Section 3, T.3N., RAW., B.M., Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the corner common to Sections 4, 9, 10 and the said Section 3; thence North 0038'11" East, 2651..19 feet to the quarter corner common to said sections 3 and 4 as same was reestablished by LS 972 (CP & F Instrument No. 7852146, records of Ada County, Idaho); from which the Northwest corner of said Section 3 bears North 0 ° 38'27" East, 2697.49 feet; thence North 0 ° 38'27" East 22.64 feet to a 5/8" iron pin; thence South 88°55'31" East, 834.71 feet to a point; thence North 10 04'29" East, 77.45 feet to the REAL POINT OF BEGINNING. Page 1 of 6 0 • Thence 199.31 feet along the arc of a curve to the right having a radius of 270.00 feet, a central angle of 42°17'41" and a long chord bearing North 65012'11: West, 19.4.81 feet to a point; thence North 44003'20" West, 198.06 feet to a point; thence North 37038'05" East, 125.90 feet to a point; thence North 4026'20" West, 178.94 feet to a point; thence North 49013'43" West, 619.18 feet to a point; thence North 89°21'33" West, 39.72 feet to a.point; thence North 0°38'27" East, 178.61 feet to a point; thence South 89 °21'33" East, 104.94 feet to a point; thence North 26046'55" East, 463.73 feet to a point; thence North 13005'08" East, 186.18 feet to a point; thence South 89023'04" East, 221.37 feet to a point; thence South 0 ° 36'56" West, 30:00' feet to a point; thence North 89°23'04" West,. 114.43 feet to.a point; thence South 10 ° 38'11" West, 162.48 feet to a point; - - thence South 5 ° 36'09" East, 160.95 feet to a point; .. thence South 48°58'55" West, 66.41 feet to a point; thence South 10 049'04" West, 123.62 feet to a point; thence South 12 ° 00'00" East, 85.00 feet to .a point; thence South 53°26'21" East, 142.60 feet to a point; thence South 6051'51"West, 151.05 feet to a point; thence South 41014'14" East, 171.06 feet to a point; thence South 89012'26" East, 122.33 feet to a point; thence South 43003'05" East, 60.00 feet to a point; Page 2 of 6 0 • thence South 0°36'15" West, 671.50 feet to the point of beginning. Containing 10.64 acres, more or less. AND ALSO: A portion of the 'NW_1:/4�of Section 3, T.3N., R.1 W., B.M., Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the corner common to Sections 4, 9, 10 and �Ke said Section 3; thence North 0038'11" East, 2651.19 feet to the quarter corner common to said sections 3 and 4 as same was reestablished by LS 972 (CP & F Instrument No. 7852146, records of Ada County, Idaho); from which the Northwest corner of said Section 3 bears North 0038'27" East, 2697.49 feet; thence North 0 ° 38'27" East 22.64 feet to a 5/8" iron pin; thence South 88 °55'31" East, 1784.61 feet to a point; thence North 1004'29" East, 303.15 feet to the REAL POINT OF BEGINNING. Thence North 66°28'40" West, 157.70 feet to a point; thence North 56°56'39" West, 717.37 feet td -a point; thence North 89°23'44" West, 36.12 feet to a point; _ thence North -0°-36'28" East, 5.00 .feet to:a point; ..: . thence 154.59 feet along. the arc of a non -tangent.. curve to the : left, --.having a.... radius of 225.00 feet, a central angle .of 39022'00",.and -a; long. chord. bearing North 19°04'45" West; 151.57 feet'to a point; thence North 38 045'45" West, 39.00 feet to a. point thence North 51014'15" East, 110.00 feet to a point;. -.-- thence North 26011'31"West, 134.78 feetto a -point; thence North 4004'20" West, 277.45 feet to a point; thence North 31046'35' West, 241.56 feet to a point; thence North 0036'56" East, 132.59 feet to a point; thence North 89°23'04" West, 110.00 feet to a point; thence North 0036'56" East, 30.00 feet to a point; thence South 89023'04" East, 175.94 feet to a point; thence South 78°05'29" East. 71.13 feet to a point; Page 3 of 6 thence South 63013'16" East, 65.34 feet to a point; thence South 56 028'32" East, 79.07 feet to a point; thence South 53015'09" East, 86.07 feet to a point; thence South 42031'18" East, 70.53 feet to a point; thence South 35028'22" East, 77.08 feet to a point; thence South 5°49'06" East, 249.89 feet to a point; thence South 8016'07" East, 125.42 feet to a point; thence South 13056'20" East, 266.06 feet to a point; thence South 42043'29" East, 283.07 feet to a point; thence North 61049'13" East, 165.37 feet to a point; thence North 11000'42" West, 399.24 feet to a point; thence South 89018'49" East, 398.40 feet to a point; - thence South 79002'15" East, 61.16 feet to a point; thence South 60040'15" East, 164.39 feet to a point; thence. South 85010'18" East, 136.30 feet to a point; thence South 0030'15" West, 235.93 feet to a point; thence North 89029'45" West, 80..00 feet to a point; thence South 78033'49" West, 182.71 feet to a point; thence South 11045'15" West, 185.77 feet to a point; thence South 0030'15" West, 154.10 feet to a point; thence 288.86 feet along the arc of a non -tangent curve to the left, having a radius of 425.00 feet, a central angle of 38056'31", and a long chord bearing South 63004'11" West, 283.33 feet to the Point of Beginning. Containing 19.29 acres, more or less. Page 4 of 6 AND ALSO: A portion of the SE1/4 of the!NW114of Section 3, UN., RAW., B.M., Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the corner common to .Sections 4, 9, 10 and the said Section 3; thence North 0038'11" East, 2651.19 feet to the quarter corner common to said sections 3 and 4 as same was reestablished by LS 972 (CP & F Instrument No. 7852146, records of Ada County, Idaho); from which the%orthwest corner of said Section 3 bears North 0038'2711 East, 2697.49 feet; thence North 0038'27" East 22.64 feet to a 5/8" iron pin; thence South 88055'31" East, 1614.53 feet to the REAL POINT OF BEGINNING. Thence North 10033'50" East, 72.37 feet to a point; thence 129.52 feet along the arc of a non -tangent curve to the right, having a radius of 600.00 feet, a central angle of 12022'07", and a long chord bearing South 56149'29" East, 129.27 feet to a point; thence South 50038'25" East, 4.33 feet to a point; thence North 88°55'31"West, 124.84 feet to the Point of Beginning. Containing 0.11 acre, more or less. AND ALSO: A portion of the SE1/4 of theNW1-Xof Section 3, T.3N., RAW., B.M., Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the corner common to Sections 4, 9, 10 and the said Section 3; thence North 0°38'11" East, 2651.19 feet to the quarter corner common to said sections 3 and 4 as same was reestablished by LS 972 (CP & F Instrument No. 7852146, records of Ada County, Idaho); from which the Northwest corner of said Section 3 bears North 0038'27" East, 2697.49 feet; thence North 0038'27" East 22.64 feet to a 5/8" iron pin; thence South 88055'31" East, 1977.72 feet to a 5/8" iron pin and the REAL POINT OF BEGINNING. Thence North 88055'31" West, 109.62 feet to a point; thence 11.06 feet along the arc of a non -tangent curve to the left, having a radius of 249.75 feet, a central angle of 2032'16", and a long chord bearing North 49022'17" West, 11.06 feet to a point; thence North 50°38'25" West, 94.32 feet to a point; thence 60.45 feet along the arc of a curve to the left, having a radius of 680.00 feet, a central angle of 5°05'36",and a long chord bearing North 53°11'13"West, 60.43 feet to a point; Page 5 of 6 • • thence 30.13 feet along the arc of a curve to the right, having a radius of 20.00 feet, a central angle of 86°18'51",and a long chord bearing North 12°34'36"West, 27.36 feet to a point; thence North 30034'50" East, 84.13 feet to a point; thence 269.77 feet along the arc of a curve to the right, having a radius of 375.00 feet, a central angle o%41 013'04", and a long chord bearing North 51011'21 " East, 263.99 feet to a point; thence South 0030'15" West, 369.89 feet to the Point of Beginning. Containing 1.42 acres, more or less. The above described parcels containing a total of 32.28 acres. Prepared by: NUBBLE ENGIqEE4RING, INC. 4431 49r�'OFIpP ter. �i DTP/vw/des.734 D. Terry Peugh, P.L.S. Page 6 of 6 NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 p.m. on June 15, 1999 for the purpose of reviewing and considering the application of Cherry Lane Recreation Inc. for a conditional use permit for a golf course clubhouse and parking lot with temporary clubhouse facilities, which is generally located at 4200 Talamore Blvd. A more particular description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. DATED this 24th day of May, 1999. PUBLISH, May 26 and June 9, 1999 Of SWAM w EE4 INX ........... ................ ................. ................. ** TX CONFIRM& REPORT ** DATE TIME TO/FROM 03 05/24 13:05 208 888 1097 AS OF MAY 2410 13:05 PAGE.01 CITY OF MERIDIAN 0 MODE MIN/SEC PGS CMD# STATUS EC --S 00'29" 001 251 OK NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 p.m. on June 15, 1999 for the purpose of reviewing and considering the application of Cherry Lane Recreation Inc. for a conditional use permit for a golf course clubhouse and parking lot with temporary clubhouse facilities, which is generally located at 4200 Talamore Blvd. A more particular description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. DATED this 20 day of May, 1999. PUBLISH, May 26 and June 9, 1999. WILLIAM G. BERG, JR.�Cl CLERK NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:00 p.m. on May 11, 1999 for the purpose of reviewing and considering the application of Cherry Lane Recreation Inc. for a conditional use permit for a golf course clubhouse and parking lot with temporary clubhouse facilities, which is generally located at 4200 Talamore Blvd. A more particular description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. DATED this 19'' day of April, 1999 PUBLISH, April 21& May 5, 1999.