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Home My WebLink AboutLake at Cherry LaneMAYOR Robert D. Corrie CITY COUNCIL MEMBERS Ron Anderson Keith Bird Tammy deWeerd Cherie McCandless January 22, 2001 HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 - Fax (208) 887-4813 City Clerk Office Fax (208) 888-4218 Idaho Power Company 10790 W. Franklin Road Boise, ID 83709 322-2000 388-2402 *Dena 388-2021 fax 388-6924 388-6532 fax 322-2032 Re: Street Lights for The Lake at Chevy Lane Subdivision #9 LEGAL DEPARTMENT (208) 288-2499 - Fax 288-2501 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 - Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 884-5533 - Fax 888-6854 The street lights have been installed by the developer in The Lake at Cheny Lane Subdivision #9. These are 100 watt high-pressure sodium lights on steel poles, owned by the City of Meridian with a maintenance agreement with Idaho Power. The six (6) street lights are located at: Lot 7 Block 29 W. Moon Lake Drive Lot 12 Block 29 W. Moon Lake Drive Lot 61 Block 2 W. Moon Lake Drive Lot 65 Block 2 W. Moon Lake Drive Lot 70 Block 2 N. Greenbelt Place Lot 88 Block 2 W. Moon Lake Drive Please use this letter as your authority to activate these street lights. See attached map for additional information. Sincerely William G. Berg, Jr. City Clerk Enclosures �I ": q ApRnOh per` I,9 0ic� 00 FR"O" T v �,e s° N gpgR'1tW % o �O cps, SFcn N , 0 0 ipgyo p 0 tif'Nr ?00 S 8148'58'W 16515 u �' \ r n49 •. ft _. �Y..`� Nc � wY rr• i ` DiP1G1AL8 WILLIAM G. BERG. JR.. City perk JANICE L SMITH, city Treasurer GARY D. SMITH. P.E., City ErVineer BRUCE D. STUART. Water W0*8 Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L STILES. P R 2 Adn**trator PATTY A. WOLPKIEt, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. BILL' GORDON. Poke Chief WAYNE G. CROOKSTON, JR„ Attorney MEMORANDUM: HUB OF TREASURE VALLEY PITYA Good Place to Live OF MER--MLtN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 8874813 Public Works/Building Department (208) 887.2211 Motor VehickMdvers License (208) 888-4443 ROBERT D. CORRIE Mayor To: Will Berg, City Clerk Bruce Freckleton, Assistant to City Engineer From: Harold Hudson, Electrical Inspector Re: STREET LIGHT ELECTRICAL INSPECTION I have inspe d and a roved the electrical lights in can now, proceed with the activation. Harold Hudson, Electrical Inspector = Qn "-MMW WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P R 2 COMMISSION JIM JOHNSON, Chairman MALCOLM MACCOY KEITH BORUP RON MANNING BYRON SMITH Date: % —l 8 —,:D associated components for street 9 . Idaho Power Co. RECEIVED JAN 18 2001 CITY OF MERIDIAN CA0FPK E1 P.MMO �. W r K �k$°YYN,�ffrPkd 3 -h rgr7"pf':>� it'yri'y amo35...v5 Y y� Q AV, k }$a r A'�Y`gt .` k� } � ,:ry-d � Y �,�� J`i.'`#, "i 1v'A,,° nth u; a� t " k = , c 4Iil.i i�vw f City of Meridian, Building Department 24 HOUR 200 E CarltoqWuite 100 /NSPECT/ON L/NE Meridian I17-83642 887-T ass PH 887-22111 FAX 887-1297 Elec-Commercial Permit Page 1 of 1 Permit Number: ELC2001-11 Printed: 1/16/2001 Applicant Parcel Number: PARC2001-11 Address: LAKE @ CHERRY LANE #9 MERIDIAN, ID 83642 Addition: Lot(s): Block: Contractors Phone: 344/2507 Electrician Alloway Electric" FAX: 343/8750permit Address: 1420 Grove St BOISE, ID 83702 Fees and Receipts: Number Description Amount FEE2001-782 Electrical -Commercial $136.00 Total Fees: $136.00 Other Fields: Value: 6600 Description: 6- 100 WATT H.P.S. streetlights located at: 61/2,65/2,70/2,88/2,7/29,12/29 Fees Due / Credit Info: su. ]R -EC -EMD JAN 1? 1001 onTor Z0 i i= d 44 h L J'�k Jkist f a 3r 3 f AMBROSE, FITZGERALD & CROOKSTON ATTORNEYS AND COUNSELORS GRANT L. AMBROSE (19154968) JOHN O. FITZGERALD, P.A. WAYNE G. CROOKSTON, JR., P.A. WILLIAM L. M. NARY Jack Niemann City Clerk S3 East Idaho Street Meridian, Idaho 83642 Dear Jack: 1530 WEST STATE - P. O. BOX 427 MERIDIAN, IDAHO 83642 THIS FIRM INCLUDES PROFESSIONAL CORPORATIONS FEBRUARY 28, 1989 TELEPHONE 888.4461 AREA CODE 208 Please find enclosed an originally executed copy of the Agreement To Indemnify and Hold Harmless, entered into between the City and the Nampa & Meridian Irrigation District. Please keep this executed original copy on file at City Hall and I will keep a copy of it here at my office. Very truly /yours, 114 WAYN G. CROOKSTON, JR. iniGC/mks enc. (1) AGREEI�NT TO INDEMNIFY AND HOLD uU►RMLESS This Agreement, made and entered into this day of I W, by and between CITY OF MERIDIAN, a municipal corporation organized under the laws of the State of Idaho (City), party of the first part,. and NAMPA & MERIDIAN IRRIGATION DISTRICT, an irrigation district organized under the laws of the State of Idaho (District), WIINRSS9ETU: City agrees that District shall not be liable to it, and shall indemnify and hold harmless District from the claims of any party or entity, for any damages caused by District which shall occur to any plants, trees, structures or any other natural growth or improvements of any kind or nature which shall grow upon or be placed or installed on District's easement area along Eightmile Lateral in Ada County, Idaho and which crosses what is commonly known as the Cherry Lane Village Golf Course, which is owned by the City of Meridian. The segment of Eightmile Lateral referred to extends north from the northern boundary of Lots 7 and 8, Block 5 of Cherry Lane Village No. 1 Subdivision to the termination of the second piped segment of Eightmile Lateral in Block 9 of Cherry Lane Village No. 2 Subdivision, Ada County, Idaho. The District's easement along the described segment is 50 feet in width: Provided, however, that the injuries and damages to which this indemnity and hold harmless agreement shall apply are only those that occur during the ordinary and necessary operations and maintenance, cleaning or repair of said Eightmile Lateral, and shall specifically AGREEMENT TO INDEMNIFY AND HOLD HARMLESS - Page 3. not apply to damages or injuries to said plants, trees, structures or any other natural growth or improvements of any kind or nature, due to the gross negligence, willful and wanton acts, or malicious or intentional acts of the District or its employees, agents or contractors. The. parties recognize that District's operations and maintenance may be of an emergency nature under certain circumstances. This indemnification and hold harmless agreement shall constitute a covenant to run with the running with the land described herein and shall be binding on the parties hereto and all parties claiming under them or any of them and the advantages hereof shall inure to the benefit of each of the parties hereto and their respective successors and assigns. IN WITNESS WHEREOF, the parties hereto by proper resolution have caused their names to be'subscribed herein below, all as of the day and year first above written. By ATTEST:. CITY OF MERIDIAN NAMPA &„ MERIDIAN /IRRIGATION DISTRICT By, ATTEST: o / AGREEMENT TO INDEMNIFY AND HOLD HARMLESS - Page 2 0 . We e'k STATE OF IDAHO ss: County of Ada Ifel On this day of 74n"4--! , -10", before me, the undersigne , a Notary lic in and for said State, personally appeared n f , /L 4 h and -Jt c /tl `� �+ acn , known to me to be the m4vat- and 6 v 1 e respectively, of CITY OF MERIDIAN, the corporation that executed the foregoing instrument, 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. Nota Publi for Sdaho Residing at��y fir' My Commission Expires:7-7 - STATE OF IDAHO ) ss: County of Canyon On this day of bei, 98f, before me, the undersigned, a Notary Public in and for said State, personally appeared iii .%4rtj and CHARLES E. YOST, known to me to be the President and Secretary, respectively, of NAMPA & MERIDIAN IRRIGATION DISTRICT, the irrigation district that executed the foregoing instrument, and acknowledged to me that such irrigation district 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. 71. Notary Public for the State of Idaho Residing at ,Idaho My commission expires: AGREEMENT TO INDEMNIFY AND HOLD HARMLESS - Page 3 3. I Mayor Kingsford Read; due to their failure to pay their water bill or present any valid reason why the bill has not been paid, their water shall be turned off on Cota:. 1.0,1984. In order to have their water turned back,`on there will be an additional fee of $10.00. Theyure hereby informed that they may appeal or have the decision of the City be reviewed by the Fourth Judicial District Court, pursuant of Idaho Code, even though they appeal the water will be shut off. The total amount overdue was $4,555.65 The motion was made by Giesler and seconded by Myers to approve the turn off of the delinquent customers. Motion Carried -All Yea (ITEM #4)- Bills Motion was made by Tolsma and seconded by Giesler to approve the Bills. Motion Carried- All Yea Mayor Kingsford stated that the council needed to approve the purchase of Lot 9 of. By The Lake at Cherry Lane Subdivision for a price of $17,000 which has been negotiated with the owner. The motion was made by Tolsma and seconded by Myers to approve this purchase. Motion Carrried- All Yea Mayor Kingsford complimented the Valley News and Mr . Gary--Sha€fdr-_for the oustanding job they were doing and aaked Mr. Shaffer to pass this on to Mr. Wherry. Therefore being there no further business to come before the council the motion was made by Myers and seconded by Tolsma to adjourn at 8:05P.M. Motin Carried- All Yea. ATTEST: MAYOR & COUNCIL P&Z COMM POLICE; FIRE ; JUB ATTY; KIEBERT; WARD; STUART; MITICH; HEIN; STATESMAN; VALLEY NEWS; APPROVED: ACRD; NMID; CDHD; ACC; APA; ACDZ; FILE (3) MAIL (J) M1 TO 142A (3-53) American Land Title Assocgin Commitment for Title Insurance -1966 0r ' � 9 Commitment No.I Effective Date of Commitment: Your No.: Lith' of F*ri6izr- Prepar d For, € ,in ver io izfir Citj' Ei I• Inquiries Should be Directed to: ;otic, 1. Policy or Policies to be issued: (a) ®ALTA Owners Policy — Form m 1970 Proposed Insured: A-Nly ot V.frvOin, (b) ®ALTA Loan Policy 1970 Proposed Insured: Amount 2. The estate or interest in the land described or referred to in this Commitment and covered herein is a Fee Simple. 3. Title to said estate or interest in said land is at the effective date hereof vested in: 4. The land referred to in this Commitment is located in the County of Pci State of Vit, and described as follows: LGt � 0 the for et C t;<".l; r 7 Licit';,, eccc_rc iuc, to ti,,e l ei U-krec , 1; 1 irf, sir =. oc USE WITH COMMITMENT FOR TITLE INSURANCE -ALTA -1966 -COVER NO. TO— CAT. NO. NN00446 ` TO 1585 (2-83) American Land Title Associ0 Commitment for Title Insurance -1966 .r 35chedule B I. The following are the requirements to be complied with: 1. Instruments necessary to create the estate or interest to be insured must be properly executed, delivered and duly filed for record. II. Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company: 1. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed Insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment. 2. Standard Exceptions: (a) Rights or claims of parties in possession not shown by the public records. (b) Easements, or claims of easements, not shown by the public records. (c) Encroachments, overlaps, boundary line disputes, or other matters which would be disclosed by an accurate survey or inspection of the premises. (d) Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. (e) Unpatented mining claims; reservations or exceptions in patents or in acts authorizing the issuance thereof; water rights, claims or title to water. (f) Taxes or assessments which are not shown as existing liens by the public records. 3. Special Exceptions: 1444 (2-75) Schedule (Continued) COMMITMENT NO. Poters is tite ots of to w -C i:I issessieris mr, sto, of rectim 4. Liens and jissessoents of, ttc_ frwv.,'kscistr'Ict itic tie rl;,.Vi mc povers thercivf es UrGvived 1-.0 Cie 3", irtcerc Its, zppeix Ir U -)v ccurity Recorcer% Nstrict: 'hirtVi,, icr)dizn 1rri(-z11,0P, Listrict i>ffcttlq, ejurtii,.x. of s0d aw for (fie t Lrrcsvrs sutcc' err cgra . Fcr ** povtr Usc�iccut 1A fzvcr 'off letLu, Poveir ip cGrI.oriticr, Pecoreec : Auf;,�,�vst 1�t ;556 Fi "et; In: E;ixk iS cf Visce Vim(xqis �*cQrcs it Fqc- TIze ext -0 IcUtler Of MAch is of riecorc. 6. Covesm.U. Uaneitjorks, Pcstrictioos e.oc 'Er., hcrcto zttichctL Vet c' -�Umc i"'.$ !CM ExccLiee bar: tetit C. bercey cror Uzrne; ,, imd viffe i�eccrd td : �-vrc k6, IrAsMment is : V,431640 9 7. UVE-Pirts. cof(Otiors, res trictions �.W, ease,m-rts zs sit fortt, cr, the fzc(-_� ot tbe r" i: t , n, Tia e S f C, 11 C �s - *The - ecumvents v ck, stW 1A it . me ret dej- ifcaec to Vie i L. -t ' le I itut ow r irtft tc, v4se sz,i d eeskaiv uts ire Ivr%Zy per pet t.,P 3 1 � rcsery er. f tx pw I ic U i pit cs me for other trees iit,desi,:�wtet) tt, xeorj. ro stmUres othtrr ttzr, ffjr ss" h WIU41 purCcses in to be trectc-6 vottzift the lires of st--Ilb s. Occks in this st;2 'ivislor shill cortem to Ut zppilci rirq., RcsL'Ictiors of the 0%of rr�,tridlllm. Enti 'et 4es stmvr, to r. shzsl beve � tep orot Ft-rwm&r-t �tjb'lic etiiit, 011 z,rfi crilm�,* eisemcct. Uch lot E's ktk 1, rwr- st"i'll beve., P five foct f-cra,iucct j.tblic Ltilit, irrit,z,tibn ird �rtlnf�e cisecxvt. 4 P1 I lots ere tiereb�6e,0cmte* is thzvirt�, i: pemimrit. polic Lt ft urzistg,E i"icairm aKA pLib I lic ri�,ft cI wj ecsei;�ut Gvcr Oe otter '*%C, feet of ccct I i C V S re 0 ct tit 'is �Wjiccttt zm6 p6rriell. 't. im� tret V,.it is edicitec, to Uiv Lse cS tfic ptul '�ic . Eavevcr, tbis she, t I rot Fret; iLrtc, the ccrstrvc0w; rf proper ttrd surface crivevjj<s for icctss to eia, mcivieLel i0t. Co Lots k zinc; 1,1, � the res` i4 i house stsi��A i rot te _�css tfizr%SCC , 1s11,irC! f C -et . CA, Lots em;, 4, tLe resicentlil t,evsc sLz,'i rot be ti 'i2(sc.czre feet Ln Lots 6, 7, C mw 10, tf)�A resic icrict, Wlusc shkl3 cot i�c �'Ess thir, scumfevt. UUA S� -is rncA inttem,a, to e c resideittiel ^ct inn firs no fcccss frcri, It 1.irid Lowt. 10s 4ct is 1,,:rt of tte Uierr�, Lerie, tr6f Lourse. ,1444 (2-75) Schedule - (Continued) COMMITMENT NO. 1p U41'i t A Lvmd of Trust to' secve a imebtetmss of VSL-ILLL.L( 'j crc �n� oti-Ji-tr emunts zs thereir, pqzble veder the tcrf-*lsl, conbitiom,. prcav is ions ilpt sr. trvLetims tkrevf . Latted: Zurm 1c9t Crmtor: Vent C. btrrc;s at vem ia. Trustee- Pioreer Tiltle Crm�-aq Irstravent W: &421,33tL AFFECTS TI -71 EVITIPE PLAT Urne3', MeD,,ML Ztl' Witt of Pdi% ccvnt�yt zr Wia,(i cerm--ritiGr� tna Lom S to secixt in incicit�tvi6vest of ae zny otter azvnts ins, therei I n �rovkea, paNiti,1c, Lnar the terms, covviticirs, ald stipuletias ft -U6 * rii IS, ISE2 it"'C' rt c v �fr�t C• aro kjx�.. i�. berrirv� , 4supo mL iiiff, I " gur: #. FartSqiee: SG2 lnstru-Emt w - U is. 1,4.11: kcord irqtc en instrtgett WO 'tine 1.1, 1,Sk-4 ii, *Arvvevit vo. the �ie,4 of slid Vartsic-t itcc st4�,,uroiwlev- to ti;c iier, pf tkat ccrtzin, instruvert Wec i,�s tic. AFFECTS W6 pre;*ises zr((t ether ice s.,. A Lv+o of Trvst to sEare in irdeOtetvess of Lp,. ctrer a therein p.rcvicce, widiEr vite5 oc , t vivi ions, prcv1S1',11r1rS .7,md_stipulztions� thereof. 6rintor Keri C.. Earne3, mi Nr y R. bz�rvev, husberiO tou wife Trustee; Cbicav Title CCVper3, of Itaic Lemficiixy: CIT Corrorition kecordEe*. leptereler '16,. 19U -Instrcrterit No.- U341.01 f!(,TE: kcavt- in to m instruMfrt f i 'IC -6 JmC 42L, sus instrwieil ru� t,4-'? 1;46U the lier of - scid [vto of 'Trust he's bm-n s 9 Lbordipeted to the 'ier of tha certz In instrtment fl iev, fs no . X43 1360. AFFECTS sic id premises jpr; ctf,�(-,r `F�pcs . s4 >7E There is rvo notict, cA recom am, UjErtiort, uo sezrch 1"t.s betr i#iae for i-rik U1114ZAO issess-&ents, ciit.rges or fees for scv�er, wter, �, i"isztion trid ather rossible utjiity services., U7E: If tl�E jT4DP,0'Et0 iMrct, U'l ' 3(4er tfle U61Cv to issL'zs t hzrk3 cuestions corcerning the covcrzt. or excIvsJons frtw ccverz>,*, tfie. rccrpai3 01s pleeset to previte 4n txplaittion. End of ExcelA iocs ® o o o O 10 m m \\ O s 1\1 / f c I \ O v I //r 9e o0 eo 4/ / }� O 90,0 —'2°{.�/ I 4 o v N � \ a rn rn oo•_ 32�ig m 9 d ao t / ffi _. � oo f' I I °p / D w .8 s . 150 00 soa \ J - z -� H - w c im m c W b 0- d CD CD U) � o � •: N ., CO 1 z € o� oa m D ® U)CL m Z m _ co () o A CD =` n W Y v N p Y O o I o gS 8 P 4 _J H431540 DECLARATION UP PkUTEtTIVE CUVENAUTS, LUNDITIUNS AND RESTRICTIONS AFFELTIur, THE LAVE AT LHEkkI LANE SUDDIVISIUN WHEREAS, kENi'r;, bARNEr 3n•] MARY k, 11AkNCr, herh,asG3n•f and uric elnatter referred to 3; 'Declarant• . is the owner of certalr. real Property situated In the Ctty of Mert.1 1 3n, State of laaho. «r,owr, 3, The Lake at Cherry 1.3r.e, 3r..] WHEkEH;, The Lake at Cherry Line Subdlvtsior. is 3 y recorded plat; and dul Cer rain WHEREAS, the I,ecI3r3r.t desires to declare of p,;t.11c Ieror•1 protective coreri ants, con.]rtlNr,•, ,r.d restrictions Ons u ownership of re31 property: p,,,, rn(• NOW, THEkEf'UkE, it, con,;r•Jer atror. of the foreyorn•�. t,", Declarant does hereby declare t hat the folloruny protective co., C, ts, cor"11"Or,s and rectr Ictions: 1 • 51-1311 become 3r(.1 3^e hereby made 3 part .I 31 J conveyances of block 1, Lots l througlr 11 tncluslve: within il re pl,t at Cherry L3,,e Of The Lake `,aG.]r vl ;toh, recor•]ed on tr,e • 194, In book•3ty of —01 Plats 3t Yagersr Ada County kecord er, A.1a County, s,t, rte of ld3no; and, :S. Shall Gy reterence become a part of any su,n ronver,nces of whatever ktrnf and sh3i1 apply thereto ,s tally ,nd inti, tn,- ,,me effect as If set forth it, full trn•r (1n ANI ICLE l ULF IN I'1' ItaNS 1,01 •Ilec13r3nt• sh311 mean Kent ',, birr,ey ;nd Mary k. 903rr,.y, hV9Gand af.d wlte, tn.,, 'iVcce55()r5 irr•] 1,02 •Uwner• shall mean the owner o1 recor•t, unetr.er 1-1— or 0Ore persons or entitles, ni 3 IPP°.tmpl� title to any lot. or •ultlple famlly dwelltn•] ,wilt, wr,lr,r is 3 part of The Likn ,t ,,.r•rr; Lane bubdrvlsror,, lr.el•a.11"I eont.r ret •el1(rs, l.Od "The Lake 3t t.lrerry Line' shall meal, ,li rHal h►(^Pert, •1- 0 now arrd hereat ter cant.ine.J u. the pl it• of The Lake at Cherry L r.e Subdl Vls i OF,. 1.04 •Lot• shall pears plats of 13nd designated for residential Use within The Lake it Cherry Lane Sut•divisiorr and ldentffled on the plats thereof by Aribir nsimer31s. 1.05 'Gott Course• shall mean all real property now and hereafter contained in the Cherry Lane Village golf course. 1.06 •These coyern3nts, shall mean the Protective Covenants. Conditions, and kestrict.fons as set forth in this Declaration with respect to The Lake at Cherry Lane, together with the Architect -J!'31 Control Committee rules as set forth its Article 1V nereot, as the sloe ■ay be amended and supplemented from time to time ire accordance with the provisions of this Isec°larition. ARTICLE t1 I'NUPLRTY 1XIIALT TO THEbE COVENANTS 2.01 lniti31 development. Declarant hereby declares that all of the real property •described at,ove is held and shall be held, conveyed, hypothecated, encumbered, used. occupied and improved Sub "et. to these coven3r1ts. The above property toghether with other real property fro■ time to time 3nne::ed thereto and made subject to these coversarsts shall consr.itute The LiPe it Cherry Lane. L.U?. Anne::atior. of aubspquent phases of The Lake it Chcrry Lane. Declarant may from time to time inneic to The Lake at Cherry Lane any adjacent real -property now or hereafter acquired by it. The annen3tion of such 3ddit3On31 phases of The Late at Cherry Lane shill be accomplished as follows: A. The Declarant shall recor•1 3 declaratinn which shall be ecuted by Declarants, and snall. among other things, .!rscrlt.e the real property to be anhpred. establish any additional or ditterent 11m1tsttons, restrictions# covehints and/or randitlons whirls are intended to be applicable to surh property, ani declare that such property 1s herd and shall be held. conveyed, hypotherated, ?_ r P T r cr 04 Le co co of Ad of off Nair more 6111 t i Lane a encumloredt used. occupied and improved sub1fet to theae rnvPn.3..ts... Is. The property included by any such annexation shall thereby become a part of these covenants. C. Notwithstanding any provision apparently to the contrary, a declaration with: respect to any annexed area may: 1. Establish new land classifications and such limitations, restrictions. covenants and conditions with respect thereto as Declarant may dee■ to be appropriate for the development of the annexed property; and 2. With respect to enisting land classifications, establish such additional or different limitations. restrictions, covenants and conditions with respect thereto as Declarant may dee■ to be appropriate for the development of such anneued property. ARTICLE 111 kESIDENTIAL COVENANTS 3.01 Land use and building type. No lot shall be used except for residential purposes. No building shall be erected, altered, placed or permitted to remain ars any lot other than one detached single family dwelling not to exceed two and one -halt (2-1/2) starts% in* height, •and a private garage for not less than two car►. The foregoing provisions shall not exclude construction of a private greenhouse, storage unit. private swimming pool or a shelter or port 4 for time protection of such swimming pool. or or the storage of a boat and/or camping trailer Vept,for personal use. provided that the location of such structure is in conformity with the applicable i Ounicapal regulations, Ind is compatible In design and decoration with the residence constructed on such lot. and has been approved by the Architectural Control Committee. The provisions of this section shall not be deemed to prohibit the right of any homebuilder to construct residences on any let, to store construction materials and egaipoont or. said lots in the raormal Course of canbtraiction and to use any single family resi'iences as a sales office or model home for the purposes of sales in the Lake -3- nSi YI I sub) real idel herr Coni rest Coni may the all con% subs real thea Land Lane annd be � . oq real limit ante prop 11 at Cherry Lane. 3.02 Lwelling same. The ground floor area of a one story dwelling constructed an lots 5,6,798.9 .and 10, el•=clusave 0i open porches and garage shall be not less than 1,300 square feat. The ground tloor area of a one story dwelling constructed on lots 1,3 and 4, exclusive of open porches and garage shall be not less than 1,200 square feet. The ground floor area of a one Story dwelling constructed on lots 2 and ll, exclusive of open porches and garage shall be not less than 1,100 square feet. In the case of a two;story dwelling constructed on lots 9,6,7,8,9 and 10. the lower or ground floor level shall be not less than 1,000 square feet. In the case of a two story dwelling constructed on lots 1,3 and A, the lower or ground floor level shall be not less than 925 square feet. Jn the case of a two story dwelling constructed on lots 2 and 11, the lower or ground floor level shall be not less than 850 square feet. In the went of a multi-level dwelling constructed on lots 9,6.7,8,9 and 10, the area of the one story portion and the area of the upper level of the two story portion shall constitute a minimum of 1,300 square foot. In the event of a multi-level dwelling constructed on lots 193 and 4, the area of the one story portion and the area of the upper level of the two story portion shall constitute a minimum of 1.300 square feet. In the event of a multi-level dwelling constructed an lots 2 and 11. the area of the one story portion and the area of the upper level of the two story portion shall constitute a.mtinamum of 1.100 square toot. A split entry or split foyer type home and a daylight basement home constructed an lots x,6,7.8,9 and 10, shall have s main floor area of not less than 1,900 square feet. A split entry or split favor type home in -1 a d:iy1sgot basars,-:nt hnoa constructed pan lots 1.3 and 4, shall have a main floor area at not less than "; ) squire foot. -4- 11 ' I •nCuebered thereby be contrary, lisitatton thereto as the annoxs establish covenants be appropi oucept to altered. detached stories a the toreg greenhous for the p and/or ca location municipal the resso Archttecl prohibit lot, to a normal cr as a Sall 0 -, - U El A split entry ar spirt ruy,!r type- home ar..) 3 .13y11,1"t 0>tieeeht home conStr,3cte-I on lots ! 3na 11. sh3!1 have 3 m31r, floor 4lrea of hot less thsn y!,U .,(1+3.3re t eet.. 3.03 buxlOxnq sett.)cis, No b411133n13 shall t.e locat..i 4►Y lot nearer then twenty-11ve 125, feet to the front lot line; hesl'er than twenty-tive 13$) feet to the rear lot line. Or nearer tn3h lave ISl feet to s side lot line. on corner lots the side yar•i shall be a elinxaual of twenty-five t25i feet on the side at.utt1n1 the street. bush building setbacl,.s shall be 'r' effect with the e::ceptror, of the m'011owing: A. All odd rn3mt.ered lots 36 designated an the plat At'abic numerals. and with the e::CePt"r, of 0.1.1 ra3mberedcornPr._,l lots. s11311 have a !tont SPLDaCR of at least thirty (30) feet unless speeafaeally waived in wrttxn3 by the Architectural Control Committee. All odd nuebered corner lots sh313 have sett. Ick restrrctluns as set forth in Section 3.03 it.ove. H. For the purposes of setbac► determin3tlons, all lots which are bordered on one side t.y 3 public street and or, an 3.iJ3cent Sade by a cul-de-sac ('tee• type) shall be considered corner lots. C- All lots which have a Coemor, lot line with the golf course shall cOaSIder srrch Side as the rear yard 3r.d theretore no structure shall be located within .a thirty 430) foot rear yard setb3CN Of such lot line. unless specifically waived in writing by the Architectural Control Committee. The Archltectur.al Control CQpmlttee, upon application, may in Its deseretion waive any violationof this Subsection which It finds to have been lnadvsrtent, pr•ovx-led the same would not const,s-r,c s violation of 10031 governmental ordinir,ces. 3.04 Casements. 94semtents for ir,st'011 "Or' -M-3 rft utxittxe� .ares° dr zx, shown an t, r a. r#Matn W''_ •illlnt -. ti 11 ot.qAtruct or Pet 1.1 1114, flow "1 w u r. t he u•••Ill dP Olt, I )p . ,1 11.10.1'. t o r. hi• easements. The elc.pml>f.1 are1 of p.rh lut Sial 111 li,provement shall t•e maant iane•i rur.tln.Jr1'"j. ' 1•V t+le owner nt tr.p lot v::rt .r. for those lmproVeeer.ts for whlrtl l p•.l•11C )'It. 11l1r sty Or nt1111•J Cnml•rf•y 25 responsit•le. Easements to permit Irr'p'•`• lur the St J,.•Ilr l ill ay .'JI goif during regulir .tiyll•tht flc.ifs r.n rnp 'toll raurse )•ftJrer.t t.J t..17 lot• which are sul•)ect to these rpsir•.r tau,,•, ire hereGy qr inte•r 1.,q establishe•l. These arts •.7.ill ihrl•J•ip. h'It root I•e II'Blte.3 recovery of golf I'll 1s from e•„h lots, the fli,tht ..1 golf t•311•. o,e, trod upon Such I(Its. the vsu,l ,n.1 I'ummun noise level crplte.1 toy rhe Playing of the I)me of -jolt, toy.•tt.er wltl• 31[ toil oil.pr rommr,n )rot USU31 activity 3ssot•1Jte•1 with fhp ut '40 It 9. V` Temporary str.Jrtolrp•,. Nu structure of 1 ten,a..Jr Jr• nature, t at ler, R)sement, tophi, •.h )cV, q,r a•,p, hirr. or ••stipl outt.ui191r.g shall be o,sw•1 on any Int tt Je.y temp ,. ) ap�.a•1i.,.._F. either temporary o; perm3nrot. J•06 1rr114atIor. . In arcor.1Ince witn the provlsior, of Idaho Lode, Section 3l -3HOt,. the Ifecl )r ir,t assumes r.o responslbl Illy for providing water for Irrt•13t1or. purposes other tll)eo Lhra•r'gh the domestic system, grill the p.irrhaspr grl.howledges the tnllowfr.q: A. That irrigatton water deliveries have flat been pruvi•ied by the becl3r3rlt; b. That the purchaser of the lot must remain sub,lect to 311 assessments leva,•d by the irrt']ation entity; C. That the purch35e1. 511311 toe responsible to pay such legal assessments; U. That the assessments are 3 lien on the lanai within the purview of the irrigation entity af,d as provided for by law; and L. That the Declarant is not now, nor will it be an the future, responsible for the maintenance at any e)sistirrg or future irri3stion systems, canals, or pipe. either running through The Lswe at Cherry Lane or any individtaal lot. —6— L] r'yc„ 3r.-, any 1 ror,re f l . or be a buen lint In Ar 3t. I( shall specif At l 0.1 tortr. which si•11e t•• course struct.. of such Archite in its . finds to a violas i 1 I Of utile shown on fence, p remain w maintena flow of C 3.0v ieares. No fence shall exceed fix Ibl feet in height from the tinashed lot grade. In no event shall side yard fence% fro,Iect beyond the front walls of any dwvlling or garage. Chain-link fences are hereby prohibited on any residential. Tet• except where required by the Ueclarant or any public agency in order to secure utility sites, irrigation or drainage facilities or Other "Ile use .as deemed necessary. Medges or other soled screen pl-inting say be used as lot lane barraere subject to the same height restrictions as fences. i prOVlded. however that no such fence or hedge shall be permitted along the front of a lot or dwelling structure. both fences and hedges located on the lot lines in common with the golf course shall Include a gate for means of access to and from the golf course and shall be erected directly on the lot line. and all fencing shall be of a grape -stake design and construction. No � fence or hedge intersecting a lot line which is In common with the '1! golt course shall exceed six I61 feet 10 height. 3.00 Often Save activity. No noxious or offensive activity %h•all be carried on upon any lot, nor shall anything be done thereon which may be, or may become :an annoyance or a nuisance to the neighborhood. 3.09 business and commercial uses. No trade, craft. business, protesslon. commercial or similar activity of any kind shall be conducted on any lot, not shall any goods, equipment, vehicles, materials or supplies used in connectioh with any trade. service or bUslness be kept or Stored an any lot. excepting the right of any h,---tuildrr and the Declarant to construct residences or, any lot, to store construction materials and equipment on said lots .and the normal course at said can%truction. PtOvtAed, however, that notlblng art theso eeverlant% shill oreveat the declarant, or any aSSI9nk'9, froft'the -FA the t•us►nerz conduLt coraT-,ectwj Witt, a ;K, ,,' ,r..wr�n,a! ",r+k• coUn'try c1131D. ' U obstruct i e3seseul shall be those is response dur l" r Which sr, establasl recovery and upon playing a usual ace nature, t outbuildi gather to Idaho Codi for pravie domestic I by the bee assessment 1e9#1 asset purview of i i^uLur�e _. red 9 "l - M forty-five (15) .lays of the compiettan of the rest.lence, antes., :otherwise approved an writing toy ttie Arohttectural Control Cummtttee. qq In the ev.nt of undue hardship due to weather conditions. this g provision may be extended for a reasonable length of tree .jpord writer@ approval of the Arcnttect@Jral Control Loeetttee. 3.16 Antennas and service facilities. E::terror antennas shall not be permitted to be placed upon the roof of any structure or. any lot so as to be visible fro• the street in front of said lot. Clothes lines and other facilities shall be screened so as not tobe viewed from the street. 3.17 Trees. Each builder, or property owner within torty.-five (45) days from the d,te of final yard gra.itng of the residence, shall plant at least two 1-1/3 Inch caliper, five 9311or. ornamental trees adjacent to the street right-of-way It. the front yard. In the case of corner lots such trees shall be planted so that each side fronting on a street contains at least one tree. Such trees shall be placed its a manner equidtst3nce trom each other and from the adjacent lot lines. unless otherwise approved art writing by the Architectural Control Committee. 3. it Water supply. rlo Individual water supply system shall be permitted on any resrJentt31 lot. 3.19 L.terior finish. The exterior of 311 cof.StruClron or. any lot shall be destined. Guilt, and maintained to such a m,nner as to blend in with the natural surroundings, existinj structures and landscaping within The Labe at Cherry Lane. Exterior colors shall t•e of the flat,, non -gloss type and shall be limited to subdued tones. Exterior colors must be approved by the Architectural Control Committee to accrodance with the pro'J'slor.s of this Article. L.A ertor trimp fences, doors, r )I llr.gs. decl ., elves. !'latter S. dnd the p0Pr BrJr finish of garages and other acceaury h•nldings e,ha!l be desigr.e•1. built and maint.atned to t•e compatible with tyre or -::tenor of the structure they 34jain. 3,34 Roofing- Only nl@ake nr the roofing ,hall t.p ..sed an -9- M forty-five (15) .lays of the compiettan of the rest.lence, antes., :otherwise approved an writing toy ttie Arohttectural Control Cummtttee. qq In the ev.nt of undue hardship due to weather conditions. this g provision may be extended for a reasonable length of tree .jpord writer@ approval of the Arcnttect@Jral Control Loeetttee. 3.16 Antennas and service facilities. E::terror antennas shall not be permitted to be placed upon the roof of any structure or. any lot so as to be visible fro• the street in front of said lot. Clothes lines and other facilities shall be screened so as not tobe viewed from the street. 3.17 Trees. Each builder, or property owner within torty.-five (45) days from the d,te of final yard gra.itng of the residence, shall plant at least two 1-1/3 Inch caliper, five 9311or. ornamental trees adjacent to the street right-of-way It. the front yard. In the case of corner lots such trees shall be planted so that each side fronting on a street contains at least one tree. Such trees shall be placed its a manner equidtst3nce trom each other and from the adjacent lot lines. unless otherwise approved art writing by the Architectural Control Committee. 3. it Water supply. rlo Individual water supply system shall be permitted on any resrJentt31 lot. 3.19 L.terior finish. The exterior of 311 cof.StruClron or. any lot shall be destined. Guilt, and maintained to such a m,nner as to blend in with the natural surroundings, existinj structures and landscaping within The Labe at Cherry Lane. Exterior colors shall t•e of the flat,, non -gloss type and shall be limited to subdued tones. Exterior colors must be approved by the Architectural Control Committee to accrodance with the pro'J'slor.s of this Article. L.A ertor trimp fences, doors, r )I llr.gs. decl ., elves. !'latter S. dnd the p0Pr BrJr finish of garages and other acceaury h•nldings e,ha!l be desigr.e•1. built and maint.atned to t•e compatible with tyre or -::tenor of the structure they 34jain. 3,34 Roofing- Only nl@ake nr the roofing ,hall t.p ..sed an -9- any structure constructed Of, a lot unless approved otherwise are forty-five 44s1 writing, by the Architectural Control Committee beforehand. Otheramse apps 3.31 Hard It, Upon completion of a residential In the evAnt o1 structure a yard light shall be installed in a location nmore than � provision may tot seven (7) lett from the inside of the si9ewalk, and adjacent to. the approval of the driweaay at such premises. Said yard light shall be of a standard six 3.16 (6] toot height and the location and type shall be shown on all plans shall not be pe for construction of each particular structure, and be subject to s any lot so as t approval, and submitted to the Architectural Control Committee Clothes lines i pucsu•ant,to section 4.04 herein. viewed from the 3.17 ARTILLE !V ANL'HISECTU&AL CONTROL COMMITTEE forty-five 445) residence, shal 9.01 Membership: appointment and removal. The ornamental tree ----------- ----------- ---------- i yard. Its the c Architectural Control Committee. hereinafter referred to ie the each side iron( Committee, shall consist of as many persons. not less that. three. a> f shall be places the Declarant may from time to time appoar.t. Declarant may remove any I adjacent lot U member of the Committee from otfete it any time. in-1 may appoint new Architectural t or additional members at any time. Ieeclarant shall Peep on the at 3.1b its princip.31 office a list of names and addresses of members of the Committee. She powers and duties of such Committee shall cease it. one be permitted or year, or prior at Declaraht's sole descrelmonst abate completion of 3.19 construction of all the single family dwellings, and the sale of said any lot shall 1 dwellings to the initial ownerlocceipmr.t on ill of the buildanq sates •I to blend in wit within She Lake at Cherry Lane and properties subsequently jnne::ed I landscaping wit thereto. ) Of the tilt, n, 4.03 Procedures. In the event the Losmittee fiats to Luterior colors _--------- { approve or disapprove wmthan 30 days after plans and specafic'taon9 }' Committee an at have been submitted to at. or an 396Y -Vver.ts, at not suit to enlr,iu the tram. tenets. Construction has been !commenced prior to the completion thereat, finish of g3ri! approval will not t+t required and the related covenants shalt be built and glint deemed to have R+tett fully cr»+splar.i wafts. structure they 4.03 Action. E=-.`ep# ys otherwise provided herein, any two 3.Z0 7-. r; vi siequantly �rnra;�en praportics an9 a ftW '_'-ems of the Architectural Control Committee shall have power to act. On behalf of the Committee.° without the necessity of meeting and without the necessity of consulting the remaining members of the Committee. The Committee Sty render its decision only by written Instrument setting forth the action. taken by the members consenting thereto. 4.04 Approval of plans by Architectural Control Committee. -------- -- ----- -- ----------------------------- i. No building or structure, including swimming pools. animal runs and storage units shall be commenced. erected, placed or altered on any lot until the construction plans and specificiations, and a plan showing the nature, shape, height, materials, colors, together with detailed plans showing the proposed location of the same on theI particular building Site have been submitted to and approved in writing by the Committee. All plans and specifications for approval by the Committee oust be submitted at least twenty 1201 days prior to the proposed construction starting date. 4.05 Nonwaiver. Consent by the Committee to any matter proposed to it and within its jurisdiction under these covenants shall be deemed to constitute a precedent or waiver impairing its rights to withhold approval at to any similar matter thereafter proposed or submitted to it fon consent. 4.06 Liability. Neither the Committee nor any member thereof shall be liable to any owner, occupant, builder or heclarant for any damage, loss of prejudice suffered or claimed on account of any action or failure to act of the Committee or a member thereof. provided only that the member has, in accordance with the actual knowledge possessed by his, acted to good faith. ARTICLE V CENU AL PHOVISIONS it 6.01. Term. These covenants hall run with the land with respect to all property within. The I ,Me at Cherry Lane 3r ---J any -1% 411 be biniin^ on al: pirtie 11 - any strut writan3, structur seven 47 driveway 461 toot for cons approval pursuant Atehites Committr the bee; •ember i or adds, its prii Comeitt, year, m censtru, dwellin within thereto approve hate ba constro, approve deemed and all, persons claI&Ing under rhes until amended or evok.ei ifr ci�4 „ manner. provided in section. 5.08. 5.03 Severabxlaty. Invalidation of any one of theme ------------ ccvenants Uy judgment or court order shall in no way affect any of the other provisions which shall remain in full force and effect. In the event the provisions of those covenants are declared void by a court by reason of the period of time herotnstated for which the same shall be effective, then in that event such terms shall be reduced to a period of time which shall not violate the rule against suspension of alienation as set forth in the laws of the State of Idaho. 5.03 Standing., Should any person violate or attempt to violate any of the provisions of these covenants, the declarant, or any other person or persons owning any real property embraced within the plat, at its or their option, shall have full power and authority to prosecute any proceedings at law or in equity against the person or persons violating or attempting to violate any of the said covenants, either to prevent the doing of such or to recover damages sustained by reason of such violation.' Should the Declarant employ council ,to enforce any of these Covenantep conditions or rrstructions, by yreason of Ouch violation, all costs incurred in such enforcement, including a'Ireasonable fee for Counsel, shell be paid by the owner of such lot or lots and the declarant shall have alien upon such lot or lots to secure payment of all such accounts. 5.0+' Effect of ,'breach. The breach of agy of these covensntsp conditions, or restrictions shall not doteat or,'render Invalid the ,lien of any mortgage or Saeed of trust, made in,'good faith for value 4% to any lot or lots or portions of'lot,� in such premiss%, but these covenants, enndttions, reservations, 3n4 lrestr4ctions shall be'bi'nding upon the effective against any such enrt-jagee or truate•°ae owner thereof, whose title thereto or whose titles is or >4 -ss acquir*4 by foreclosure, trustee*'.% isle, or othwrviae. 5.05 Oelay. We delay or on the pert of the rJoelatont or ) n -, lr,Inrt, e>trLi 11 D D irry rights, power, ur remedy Isere alips* uva•1NJ. an the event oe is.y breach of the cevenants, conditions. or restrictions hereincootairsed, shall be construed as a waiver thereof or acquiesence therein, ami fir.) right of action shall accrue or shall any action be brought or maintained by anyone whatsoever against the Ueclar3nt for or on account of the failure to bring any action on account of any breach of these covenants, conditions. or restrictions. or for imposing restrictions herein which may be unenforceable by the declarant. 5.06 Extent of remedies. These covenants, conditions and ------ -- -------- restrictions, are cumulative, and all remedies provided herein for breach are in addition to any rising remedies provided by local or state laws, and not art lieu thereof. 5.07 Approvals. Approval by a city or county governing board, vested with the responsibility of reviewing planning and mom ng having jur.tsdictions over this subdivision, of an application made by the Declarant which is an conflict with any covenants. conditions or restrictions of these Covenants shall an no way affect or invalidate these Covenants. but these Covenants shall remain in full force and effect, and subject to enforcement and remedies for violation hereof, subject to the right of the Declarant to change the land use designation as provided ir• Article 11 herein. 5.08 Amendment and repeal. These Covenants or any provision thereof, is from time to time an effect with respect to all or any part of The Lake at Cherry Lane Subdivision may be amended or repealed only by duly recording an instrument which contains an agreement providing for teraan3tions of revocation or amendment which as signed by the Uwners,df not less than severity -five percent (75X) of the Lots. -�^ IN WITNESS YHEkEllf, we have set our hanj this day of �.tialiA° - .. 1984. -13- 11 stab# on bi wathi Coact inst that no t %toe lot shoe deV par - Uri by the pre be Ya# Sul th fa an pr kn N0014pil- Wily 411,0t- or tile rooiarvt ,islit i ed or$ 40ft A 400 fly $2616 of IDAHO) County of Ada tksay of 1984, before we a Uri this Notary Public in and for the State of ld3ho, personilly appeared Rent 0, barney and Mary 1k. Barney, known to me to be the persons whose flames are subscribed to the foreqolnj lnviitrojeerst. and 3ckF60wl0d)ed 10 me that they executed the same. I A Wq Notary Public for Idaho Residing at bolsO, Idaho My bond-ei:pxres: Re N f REAL E ATE PURCHASE AND SALE AGREEMENT Red. 11-81 (with Earnest Money Provision) THIS CONTRACT CONTROLS THE TERMS OF SAL F THE PROPERTY. READ CAREFULLY BEFORE SIGNIN ANY QUESTION, CONSULT YOUR ATTORNEY. ,A�ii"'�fi r1P� Idaho _ +wraptmbar i i 19 834 agrees to purchase, and the undersigned Seller agrees to sell the following described real estate hereinafter referred to as "premises" located in County of Ada State of Idaho, commonly known as legally described as: I-ot f-9 of the-I-ake At Me= Zane S b.diViSiAn (A FULL AND COMPLETE LEGAL DESCRIPTION MUST BE INSERTED, ATTACHED OR WRITTEN ON THE REVERSE HEREOF PRIOR TO EXECUTION BY SELLER. Buyer hereby authorizes broker to insert over his signature the correct legal description of the premises if unavailable at the time of signing, or to correct the legal description previously entered if erroneous or incomplete.) I. TOTAL PURCHASE PRICE IS Severteen Thousand DOLLARS( i % ,M)II_00 ) payable as follows: A. Earnest Money. (a) Buyer hereby deposits and a receipt is hereby acknowledged of Dollars ($ ) B. evidenced by: ❑ Cash, ❑ Personal Check, ❑ Cashiers Check, ❑ Note Due, or paid or delivered as earnest money in part payment of the purchase price for the premises. (b) Earnest Money to be deposited in trust account upon acceptance by all parties. (c) All Earnest Money shall be held by _ Uri ght. Patterson Real Estate for the benefit of the parties hereto, and CFaw Jq IJ iJ;t `J:prgCr1 (Broker) shall hold the completely executed broker's copy of this agreement. Balance of purchase price to be paid as follows: Atavan to nay in mash at closing remaining ha innw _ r'TO RAM N 2. Buyer's offer is made subject to the acceptance eller on or before 12:00 o'clock midnight of r n!t "1ITL1 r 21, US If Seller does not accept this agreement within the time specified, the entire Earnest Money shall be refunded to Buyer on demand. 3.Title of Seller is to be conveyed by warranty deed, unless otherwise provided, and is to be marketable and insurable except for rights reserved in federal patents, state or railroad deeds, building or use restrictions, building and zoning regulations and ordinances of any governmental unit, and rights of way and easements established or of record. Liens,. encumbrances or defects to be discharged by Seller may be paid out of purchase money at date of closing. Any liens, encumbrances or defects which are to be discharged or assumed by Buyer or to which title is taken subject to (not otherwise set forth above) are: L*c o prel urinary title report. 4. The Seller shall, within a reasonable time after closing, furnish to the Buyer a title insurance policy in the amount of the purchase price of the premises from a title insurance company showing marketable and insurable title subject to the liens, encumbrances and defects elsewhere set out in this agreement to be discharged or assumed by the Buyer. Prior to closing the transaction, the Seller shall furnish to the Buy r a preliminaryport or commitment made by a title insurance company showing the condition of the title to said premises. The parties agree that ti rl-1isf6t' i'i Title Company shall provide said title policy and preliminary report or commitment. It is agreed that if the title to said premises is not marketable, or cannot be made so within thirty (30) days after notice containing a written statement of defects is delivered or mailed to the Seller, or if the Seller, having approved said sale fails to consummate the same as herein agreed, such failure shall constitute a default and the Earnest Money shall be returned to the Buyer and Seller shall pay for the cost of title insurance, escrow and legal fees, if any. Buyer's acceptance of the Earnest Money does not constitute a waiver of other remedies available. 5. It is hereby agreed that the "closing agent" for this agreement shall be corroniea i th Title Co. L�ht Patterson P40 Estate is the broker responsible for the closing. Where not otherwise provided by law, the parties shall each pay one-half of said closing agent's fees. The closing date shall be�r'� 6. On or before the closing date, Buyer and Seller shall deposit with the closing agent all funds and instruments necessary to complete the sale. 7. Seller shall deliver possession to Buyer on or before Or-Mblor 11, 11980 and taxes and water assessments (using the last available assessment as a basis), Wntp, in sur nce prem'urn interest and reserves on liens, loans or obligations assumed or taken subject to, and utilities shall be prorated as of .Rr orf t 3S i except as follows: Buyer shall pay for fuel in fuel tank, the amount to be determined by the supplier at Seller's expense. 8. The parties agree that this agreement contains the following additional terms and conditions: 9. The following items of property now on the premises are specifically excluded from the sale: The following items of personal property are specifically Included In the sale: 10. IMPORTANT: THE REVERSE OF THIS AGREEMENT CONTAINS IMPORTANT PROVISIONS WHICH ALSO CONSTITUTE PART OF THE AGREEMENT. Each of the parties acknowledges reading this agreement in full. Listing Agency: Selling Agency: tir1rht Patterson P rai Estates Wrinht Patterson Real Estate ¢� / „i � s By. C1_ tisU-pattersrn BUYER A u ,vim ( r :.r I �r ersA tees ,rte; f A 4 1".9�.�w>: r' Fi.t f t. as �"I ' BUYER - Bayer's hone ±, On this date,` =1_ , I / We hereby app/,(va end accept th sale set forth in the above agreement and agree to carry out all he termsthereof on the part of the Seller, and the undersigned Seller tk tier agrees to fgay a commission of of selling price or DOLLARS ($ ) to the above named broker(s) for services. IT Pfurthep�cknowie a repeip of a true copy of this agreement with the comFfplete legal description of the premises inserted and signed by both parties. .,,-,� �`,y' A•_,..r c -,f ,,.R' 7 -SELLER• - senate AOdresa . SELLERSener'a Phone A true copy of the foregoing agreement, signed by the Seller and containing the full and complete legal description of the premises, is hereby re- ceived on this day of 19 BUYER STATE OF IDAHO f County of On this LL- ` - day of�" 1, ,_before me, the undersi£ appeared known to me to be *e persons) who signedTeFegoirrg`ms r motif as Seller and acknowledged to IN WITNESS WHER OF, I have hereunto s6 my hand and affi ed my seal the day afid vear firsf abia - r LLER'S ACCEPTANCE Notary Public in and for said State, personally _he_ exectod the same. REAL E ATE PURCHASE AND SALE AGR MENT Rev.R11-81 (with Earnest Money Provision) THIS CONTRACT CONTROLS THE TERMS OF SALEOF THE PROPERTY. READ CAREFULLY BEFORE SIGNIN ANY QUESTION, CONSULT YOUR ATTORNEY. Meridian , Idaho SP12teirher 11 19 44 Buyer") agrees to purchase, and the undersigned Seller agrees to sell the following described real estate hereinafter referred to as "premises" located in an , County of (oda State of Idaho, commonly known as legally described as: jott 99 of t6 lake At Cherm lanp Stlhilirrisien (A FULL AND COMPLETE LEGAL DESCRIPTION MUST BE INSERTED, ATTACHED OR WRITTEN ON THE REVERSE HEREOF PRIOR TO EXECUTION BY SELLER. Buyer hereby authorizes broker to insert over his signature the correct legal description of the premises if unavailable at the time of signing, or to correct the legal description previously entered if erroneous or incomplete.) 1.TOTAL PURCHASE PRICE IS A. Earnest Money. (a) Buyer hereby deposits and a receipt is hereby acknowledged of ($ 171=11-00 ) payable as follows: Dollars ($ ) evidenced by ❑ Cash, ❑ Personal Check, ❑ Cashiers Check, ❑ Note Due, or paid or delivered as earnest money in part payment of the purchase price for the premises. (b) Earnest Money to be deposited in trust account upon acceptance by all parties. _' (c) All Earnest Money shall be held by Wizi ght Patterson eal Estate for the benefit of the parties hereto, and t'� t1S W. a otarn-g n (Broker) shall hold the completely executed broker's copy of this agreement. B. Balance of purchase price to be paid as follows: 214ypr to aw� n cash at closing r6'rr'a i n i n{0 balance- Buyer al as ce — Atter and Siller to nay rpsnpf•tive C S�il� (THIS PURCHASE TO AAIB EROM FEDERAL T+T+'iFG'NUE SH -WRING FUMS)- 2. Buyer's offer is made subject to the acceptance of Seller on or before 12:00 o'clock midnight of S@-ptP.rnh.A.r 20y 11124 If Seller does not accept this agreement within the time specified, the entire Earnest Money shall be refunded to Buyer on demand. 3.Title of Seller is to be conveyed by warranty deed, unless otherwise provided, and is to be marketable and insurable except for rights reserved in federal patents, state or railroad deeds, building or use restrictions, building and zoning regulations and ordinances of any governmental unit, and rights of way and easements established or of record. Liens, encumbrances or defects to be discharged by Seller may be paid out of purchase money at date of closing. Any liens, encumbrances or defects which are to be discharged or assumed by Buyer or to which title is taken subject to (not otherwise set forth above) are: Sugjac+ to preliminary title report 4. The Seller shall, within a reasonable time after closing, furnish to the Buyer a title insurance policy in the amount of the purchase price of the premises from a title insurance company showing marketable and insurable title subject to the liens, encumbrances and defects elsewhere set out in this agreement to be discharged or assumed by the Buyer. Prior to closing the transaction, the Seller shall furnish to the Buyer a prelimina r pport or commitment made by a title insurance company showing the condition of the title to said premises. The parties agree that C nliBilPfit�Snr3ft Title Company shall provide said title policy and preliminary report or commitment. It is agreed that if the title to said premises is not marketable, or cannot be made so within thirty (30) days after notice containing a written statement of defects is delivered or mailed to the Seller, or if the Seller, having approved said sale fails to consummate the same as herein agreed, such failure shall constitute a default and the Earnest Money shall be returned to the Buyer and Seller shall pay for the cost of title insurance, escrow and legal fees, if any. Buyer's acceptance of the Earnest Money does not constitute a waiver of other remedies available. 5. It is hereby agreed that the "closing agent" for this agreement shall be Commonwealth Title Co. Kartyht Patterson Real Estate is the broker responsible for the closing. Where not otherwise provided by law, the parties shall each pay one-half of said closing agent's fees. The closing date shall be vCtJ;(3tJfar 7 7 s 7 984 6. On or before the closing date, Buyer and Seller shall deposit with the closing agent all funds and instruments necessary to complete the sale. 7. Seller shall deliver possession to Buyer on or before Qfrto hpr ] ] , 1 C)R4 and taxes and water assessments (using the last available assessment as a basis), ants, insurnce re ums, interest and reserves on liens, loans or obligations assumed or taken subject to, and utilities shall be prorated as of f f l � 0?T' ii?' ins -t ng except as follows: Buyer shall pay for fuel in fuel tank, the amount to be determined by the supplier at Seller's expense. S.The parties agree that this agreement contains the following additional terms and conditions: 9.The following items of property now on the premises are specifically excluded from the sale: The following items of personal property are specifically Included in the sale: 10, IMPORTANT. THE REVERSE OF THIS AGREEMENT CONTAINS IMPORTANT PROVISIONS WHICH ALSO CONSTITUTE PART OF THE AGREEMENT. Each of the parties acknowledges reading this agreement in full. Listing Agency: Selling Agency: Estate - Wright Patterson Real Estate �6ir �7 s W. Pa; �.rsrn B 6 6srd y/r�tA lr': /8 By: BUYER Buyses Address BUYER BuyePs Phone On this date, i/ We hereby approve and accept the sale set forth in the above agreement and agree to carry out all the terms thereof on the part of the Seller, and the undersigned Seller further agrees to pay a commission of % of selling price or DOLLARS ($ ) to the above named broker(s) for services. I / We further acknowledge receipt of a true copy of this agreement with the complete legal description of the premises inserted and signed by both parties. Seller's Address SELLER - - Seller's Phone A true copy of the foregoing agreement, signed by the Seller and containing the full and complete legal description of the premises, is hereby re- ceived on this day of , 19 . STATE OF IDAHO County of On this _ 8s day of , 19 , before me, the undersigned, a Notary Public in and for said State, personally appeared known to me to be the person(s) who signed the foregoing instrument as Seller and acknowledged to me that _he_ executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal the day and year first above written. NotatyPublic for Idaho Residing at BUYER'S RECEIPT V WARRANTY DEED 8675016 FOR VALUE RECEIVED KENT G. BARNEY AND MARY R. BARNEY, husband and wife the Grantor s , do hereby grant, bargain, sell and convey unto CITY OF MERIDIAN the Grantee ,whose address is 728 Meridian Road, Meridian, Idaho 83642 the following described premises, to -wit: Lot 5 in Block 1 and Lot 13 in Block 2 of THE LAKE AT CHERRY LANE NO. 2, according to the plat thereof, filed in Book 54 of Plats at Page 4882-4883 records of Ada County, Idaho. TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee , its heirs and assigns forever. And the said Grantor s do hereby covenant to and with the said Grantee , that he the owner in fee simple of said premises; that said premises are free from all encumbrances except easements of record and general taxes and irrigation assessments for the year 1986 which are not yet due and payable, and that they will warrant and defend the same from all lawful claims whatsoever. Dated: August ,1986 t��i=V1/7/i/tom ACKNOWLEDGMENT - Individual STATE OF Idaho , County of Ada as. On this ddAvnf Augustin the year. .19 • 6•' ; before me th e . .ii n d e r sl g n e -d , a notary public, pereonaUy.,UQ K e ri t G. Barney a n d —b M a rV ,R . r n ey , known or identifi4tAk 6 be t"he Sersonss whose named a r e subscribed`to the and acknowledg me that' ,ex'the same r Marys R. Barney STATE OF IDAHO, COUNTY OF Cel&&_ I hereby certify that this instrument was filed for record at the request of fgk Q at A0 minutes pas _ 1 o'clock A m., this 15#% day of C)&je , 19&, in my office, and duly recorded in Book of Deeds at page 1 JOHN BASTIDA Ex -Officio Recorder Deputy. otsry ruouc: . _ - .....Fees $ 13,esi g at: M e x An I t Mail to: My mm fi s s i o n expires 9/ 1 PIONEER TITLE COMPANY OF ADA COUNTY 821 W. State Street Boise, Idaho 83702 — 208 336-6700 Representing Ticor Title Insurance Company . .. v7 � r: �'r, �ii� �i `,' _:fr�')r,' )'i � iii- �t� i/� �ir �� )�.. )_vl i�'�� t irf. 1 •_ � �i ��i fir:. i� i J• c� ._.._i L:. . i_. . �_i_. .. . 11 C dL A I'll-, NIUJ's the V, flay J in the year of UUx, Wil toxic tilowaild Olt, blinilml and Y NWACIPIC OleANY, DiC. , are Corvcr�n co-purz= u -i, the ;art of fiat pert ar, CM tai' 10UMAN, a mimiciria.L curporatial, bic cartV Of t e wan,i part, Wi7m.s,,nJn, That file -4j;d party of tll�f ra't part' f.ar ar'.1 in F'( One dollar and other valuable consideration- - - - - - - - - - - - - - - - - L7,),zars. r',iPacifi.: in fi.in I ry i,yt -ii I party f 1, V steond furl, the re'vipt WECittif is hemby 16rs j,Tan;(..-L Ll: t-'3% " Ja Sd ani -1 cor. ec}ci, an:i b} lh�e prc�onlF dues grant, bargain. fc;l an+l e�nvev ur1t�� tl,r Faid hart}' r�4 t'Ic s*_sntl Mir, and I i its heir and ar-Agns, forever, all certain piece S or parcel 9 of land situ'de. lying and being at the (ounty of Ada and State of Wah, llarticularly,ic-ribed xx« "Aows, to -wit: A portion of Gection 3, Township 3 Norlb, Ranjo I Bois,? i(I P -1a Camty, Idaho, rwre particularly descriL,-I in Fxh;bit "A" attack" hereto ;"i �x=,.pur.:ited Iverain &,, this reference. MGM I R Wrni tetriporary eazaTLmts over the pmW- r+,, ia L Jiibi ts, C, Do E, F alio C- 6-- r;(;, anal arc, _ ii4i ea-,mrP_nt_, are for inUress and eqrrsss to and from_U._,c _tj*1 f cfTar , - __ a�h i-- to ea when the land amp -red by said easements is platted. Exlubits f iiun all a -W singular the tencinemb, hereditaments and upl,orlenanv(4 thi-zeunto belo4ng or in upn ning, and the reversion and reversions remainder atA remain-lers, rt -11U,. is, , i and P ru fits all the emate, right, title, interest property, Possminn, b a of the (iii part, of in or to tl. I whatsoever. as well in lw,-w in equity. of the rid 1) T, tl IV, I every part and Barrel thereof, with the alqoirtengnee;. Wer k• AN:_)TO'Roco. All anit singiiiar the said premim-,, i-v,-kber with llw appur[Olan"t-, ""to the part WWI to Ill il - and iw.4si,n. f(irtiter. Alk -'Al.,art of Or first pi -T has 8wTeiwj q i0, hRni yMr fj"t AV.1iP written "C 2 Ej Y le 0 r7§117 4ATE (W_ IDAHO, Or'. thLq, day Of in the year Iq before me Notary Public in and for Wd State. personally apmamd kwwn to m to be the pawn whose name subscribed to the within instrument, and Mcrimledpd to we that he executed the same. IN Wmma Wmr", I have hereunto set my hand and affixed my official seal, the day and year in thiz, =Ufkate &A AQVC written. STAT TA . OF f., Notary Public for the State of Idaho. r. for said state perrim. C 4 1 , Residing at Idaho. ]y apprared C., . a-., 4.4z"^ "I" 447�-r— T. Wiown to me to be the eje4 Ittildent—WA—� A'Zz-of the corpora• tion that exeCoLed thi.% inSirsim-1, or ;he 1"50113 who "e- 0 Cuted the instruirent, an behalf of said c,r tion and eeknowledged to me that sueb coTpor&t1nn%'e".UA it. asma. IN WITNESS W11FRIPOP. I bare brve Sam and affixed my official seat, t) -.e day and trLifiesto first above wiittev. "Z Notary 11.6h�c jj Comm Expires Qar E 11 M one *-,I a a pt&7p A -crr__ Tr.= C, D, Oget her 4 knertel'..1 CUtint , riaA ;V(.m 1'0r If Aaid Icirt 1.4 It and &rld a of id tan - '12'20" id curve its of Fast le Prot°sts 7543 -IS ~ Date: Septeamber A. I'M reviNed: .lprll i4. 1975 Ia:Vi:;FO nr.scRlrllo•1 rt�r, Cit£rRY Lk X V I LLAC:E LAKE AND Cl,11ll1!011 ,r AND GOLF COV!.05LS 10 A:::± l3 PORTIO;:S OF 11". S 1/2 1/2. A: -;y N 1/;'. S !/2, ''•1.CTMI:7 3. T. Ja. , F'•. 1N. , li,!1. . HERI1)IAN. ADA COUNTY. ID -01'3 A parcel of land lying; in Portions of tite 5 1/2 '�f the n 1/2 and the N 1/2 of the S 1/2 of Section 3, R.IW., R.`:., a;:ctdian. Ada Councy, Idaho and more particularly described as follows: Beginninr, at a point larking the Northwest corner of the said N 1/2 of the S 112 of Section 3; theace South 69'25'OG" East 2.077.73 feet along the Northerly boundary, of the said It 1/2 of the S 1/2 of Sc:tion 3 to a Pont, also said point boing the REAL POINT OF BEGINNING; thence South 0'29'44" West 335.19 feet to a point; thence South 51.45'00" East 580:00 feet to a point; thence South 35'00'00" Fast 285.33 feet to a.point; thence South 22°15'00" West 60.05 feet to a point; thence So•-th 43'38'10" Fast 235.75 feet to a point; thence South 29°00'00" East 110.00 feet to a point; thence 1,ort11 61`00'00" East 81.19 fejt to a point of curve; Uthruce Wortbeasterly 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, tang;entr. of 78.23 ftrt and a long chord of 142.84 feet bearing North 36'54'46" Cast to a point of ending of curve; thence North 56'30'00" M st 151.38 feet to a point; thence Horth 41'30'00" West 203.92 feet to a point; thence North 17'15'00" gest 94.14 feet to a point; thence North 22'15'00" Fast 147.00 feet to a Point; thence Ncrth 65* 50'00" 1:W5t 45.00 feet to a point; 11 0 ..yi ra. •.,i On!", - ®id state, F, kn-3w,% to m, ac'.s nm: -�,!¢q lt; V* c -r certificate 6 STA rE of f- +e L fort z^e, CU -1 i6e i a: tie:n�'_•_'y s a me �tn !T a �,a rt, F , •� iit.,.f•�r a' C—,_ F. _ . . OakAlm — . • 1"r.r�rFC: Date: tlevl•. -d: Iij 11 A P.— 1. 112 o: c Idaho r $CLlf of the c 1 Vl thy... of the .al being the tltctal then, Liken, Chen 111 then, Liken Vjl ttic�u 101! then having :t 78.21 fc, [O a poi„ Cher then thel thet thci � Iur11t111•r ~s.^ tc+rrtralft.-u � x.» .Y..' t u project: 7543-18 Septeniver S. 1777 • Date: Revised: Aprfi 14. 197N tinct Colf L:mr Village take S clubtlouse Arean Page: 2 -Cherry coutses 10 b 18 87':0'00" f;,SL 78.40 feet to a cotnt; • thence South thence South 68"00'010" last 61.41 feet tc. a ,••t^t; South 71"33'25" Fist 13"15 feet tc• a ,^••!'?t; thence 6{1'00'00" fast 103.3? feet to a i'oint of beginning of thence South CptVC: to the rif.'+- 139.32. feet, said thence Northeasterly along a curve a:efl: of 25'35'19". a radium of '111.95 feet, tan - t:ortlt 56"12'20" curve having a eenttal of 70.54 feet and a lonv chord of 13`8.16 feel bearing gents East to a point of tangcat; thence North 69°00':,%1" 1Ast 115.08 feet to a point of curve; curve thence Northoa�terly 31-4-,a curve to the left 1?5.75 feet, told 295.03 feet• tangents of a central angle of ?1t"25°•'�"• a radi.+rs of having feet Dearing t:orth 5b'47'19" Fast 63•G4 feet and a ]t,nF. chord of 124.8() to a point of endin^ of curve; thence North 4400'00" Wast 79.63 feet to a potnt; thence North 67°45'00" l:csL 160.00 feet to a point; thence South GS"S[ ,, p(I" 1:P fit 2.1,:1.67 feet to a poll'" thence taorth 50°30'1,0" West 114.35 feet to a point; thence North 44-00- 00" Fact 90.00 feet :1 a point; thence t.urth 17"00'00" Nest 175.00 feet to a point; f thence North 12"00'00" 1.•tst 280.00 feet to a point; thence North 77030'00" Wt•st 170.00 feet " a point; thence South 68"00'OW' hest 20.00 feet tc a point marking the 3; ttorthrast corner of tike stl 1/4 of Lite said Srctfon thenco North 75°30'00" Want 190.00 feet to a point: thence Nntth 4000'00" West 40.00 feet to o point; thence South 75'59431" !!tint 70.00 feet to a point: 11 A P.— 1. 112 o: c Idaho r $CLlf of the c 1 Vl thy... of the .al being the tltctal then, Liken, Chen 111 then, Liken Vjl ttic�u 101! then having :t 78.21 fc, [O a poi„ Cher then thel thet thci t'!• `•!.ALGD ANh ) .l.Il ,i .li 1'Hl::.t,!r`I. O}' t;}• C leen C jggelrQ�;i 3. e By: Eileen M. cilona Asslstur•t secretary trolccc. 554q-15 este. Sept,•mber a. i977 Revised: April .1.4. 1918 Pacts 3 - Cherry Line V111at;. S.,t:a S rIubjouse Arr.t and Calf Courses 10 i 39 i thctttr S+urh 25'00'00" ttrst L!,, jo tect to a pr�tnt 0- tllr sacci *rtherly boundary of the N 1/2 of the S 1/2 of Sectira 3„ thence Korth 39`25.06' 4;yst ',? feet alaa�g tLr said NortherlyIwun0lry of the N 1/2 of the S 17. `t.ctioaa 3 to eco= point of beF1n- a2rC, comprising 17.75 acre.. w:e 05s. r Prepared by: E w 3 -ti -8 e'a:GINFERS, Inc. b��'aLa�o !•!� dT z _ k r lllt T�yt. eow, t Cary L. Roden.piel. L.S. e 1WtI/.IA1,!na f m En N Uh a br-5CRIPTIMN IMI CREERY U�':E VILLACL t�,-r mr.sr %o. ii M If 1.12 SE I f.4, fe-MON 3. T.)%., R.14.. A-4., HMDIAX, ADA cv�,=, A parr*1 of twl IyIft imk a port1cm of the I I/Z of the St 114 of Sectlea 3. T—V.. R.M. f�&, W3 Counry. T"ho and wore par- tIewlarly Aescribed al" (011mrs: IWZfmdn& at a poist m=k.ffn tkA! :;ortheast corner of the &aid SE 114 of Sectim 3; t6eme Smut 61*14'35" West 499.02 feet to a polot. also said point U4" the ILAL POIN Or RWINVING; t%ew-e South 31000,w" rAst 100.00 feet to a point. the=* South 54'00'00" West 180.00 fei-t to a rc�int; tbeme SO,-th *Ooloo" vesL 2W.00 feet rb a Point" tbmce South 83*30'QW' ;;Cst 43�.26 feet ", a point" Lbence Sout'i 79*45*00" We,% t 2W.25 feet to a point; thence South 57*00'00** k:4st 20.00 feet to a roint; theuco South 63*15'OV' West 400-00 feet to a point! theace South 65*23'33" West 76.64 feet to a point thence North 19*36*38" Ve s t 100-00 fect to * point; thence Iforth 69*00'00" List 15.08 fact to a point 440orm'. th"ce Northe.isterly aloijg a curve to the left 2M.'#Weet, sald curve having a central 4tij;Ie of 31*18'35". a radius of 345-00 fact. tlnttcntA of 103,21 feet and a lonG chord of 197.76 feet bearing North 52*20'43' gait I t to a p6int of ending of curve; thence South 54*18'35" tost 73.51 foot to a point; 011 thence Nort1w 65*0'W tast 78.00 foot *Vm, "A thence South 57000,00" vast 20-w"Oeet t# 0 P*$,A*J 4 Project: 7541 Va t C: st-pe Rcvlr�cJ: Aprh race: 3 - thence T.- Kcrtherly boun t1wncr No b^undary of t1i vin,,, comprl:sii C, 0 WW/JAP:na P w N J -U -L3 vwCOAA 4V,�W'4 Paget Z Chelly Zine 1;111.-C the=C S"r.b 7"*CO'W Last 1.3.Dc !ert to a thence T;zrth az*oo'Dcr r-' 3- ffe'- to 2 thente North 776*31:'00' Fa"t 305.-V, thmee &-rth 65'I3'OC" F-2st I CouplIsil-S 5.r�3 tr less. Trer-kre.-I !, N lacy ptdenrViel. L.S. E6V/JAP:na A t th th th th th th a Point th th th IW C11 11 -._ h y Bair: epic-lbi r h, 1977 ReV1sPd: SOPCCMIAr 17, 197,e -- Page, 2 - cherry Lane VI 11,1p Golf coursrs 12 6 13 thence North, 190Oo'O(r, East 180.00 feet to a part, k+n 3i ounce North 3000'00" Last 260.00 feat to a point: iViarxy thence North,35.30'0Gr' East 250.00 Ftet to rAid SE IA thence North '22°d5'OO" fast ?65.00 feet to a pOfat; thence North 6514,)'OG`r t�er,t 6U.ijo feet CO tiAc l.,:t�r>. of b ginnirE, comprly*.�R 5.31 acres, more or less, ¢1d point rrc•pared l,y: J�Ir-a et:cl�c��s, inc. t=fcD 1.1. r, �. Gary L. floden-afrl, L.S. r EWWIJA@:cc , S 1 ; e, OEM -«-, 4W 0 Y rz<�aa��r� r�aawa D4tem Septc*ew 26, 1971 1F 11csR i1K �i rR1:,"' -fG�:! S, FAilwtP-T NO, i !tF 54R1P7tO:1 4'aik C11 11 — - maw 111W -- - .. TiNX 117, stl r F-z�, fact Sep_, _. fERIti1AN !!fyn. ..(��^:i•, ,� I.1 t9)t.^.r_e ...az:i A patrol of lard Wag In porti.nn of tl�r �t; I, t. T.3N,, tt.1W., B.ri yier.Yd#,ysa, 'a, ,� t v 1, 4 of Scc.tIc-ii 3, unty, Milli) and roar yzatt+cularlr described as failrtrs: i Beginning at a point w.2rkingthe outlicast c„tr�G.r of the cp11 114t:•se^r-e Sorr` Of Section 3; s ;i r: thence North ::3'5732” Vast 622.10 fretto a y �iretp al.-a raid poErt `e.37 acres, acre being the UAL Min op BECININ;xG; thence South 85.28'0®" great 143.8%3 fc^_t to a point; [l thence So.ath A3't,8'00" Wraa 329.98 feet to , pc,ta,t; thence North 85.22'Ots" 1+1^lst 165.85 feet to a Ooiut; thence Vortiz 73158`Lrtl" t,,OL 145.93 Fest to a thence North ('2*40'CO" h'cat i56.09 fer_t to a point; ( P thcn+ce North "*38'00" West 154.62 feet Lo a point; i c � thence North 67•52400" West 168.57; t to 3 Point; S+( tyacnce North 58'10R60" 4Je.st 83.42 feat to a point; t (f EWV/J.kP:cc thence Worth 28.37'00" West, 1Ct©.0 i feet to a point; thence North 14"00'g0" w(� st 125.00 feet to a point; • c thence North 9.19'00" „est 125.00 feet to a point; M thence Sonat 35a0fS'Olti" hest 78.00 fent to a point; thence Sonth 16.3+0100" hes;. 110.00 test to a point; thenTe South 35'00'00" ;lest 156.41 feet to a point; thence South 61'43100" West 315.50 feet to n point; thence South 49'21'00" Vest 157.00 feet to a yooint; i J.:-U-8 A y Il f�iiNhl' Hh� Project: 7541-18 Carr September 26„ 1.474 "ar, -J- . U-ta CNCi1NC:1=f1X TNG, swoa #_4_ ,,e • Min, 144M altos F?311I3IT "A' CXmiNttf•I) Project: 7543-14 Date: September 8, 1917 Revised September 27. 1978 REVISED DESCRIPTION FOR CHERRY LANE VILLAGE GOLF COURSES 12 b 13 A PORTION OF THE E 1/2 SE 1/4, SECTION 3, T.3N., 11.114., 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.314., R.1W.. B.M.. Meridian, Ado 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; -hence South 36'05'29" West 623.99 feet CO s point, aisa sn_d point being the u£A\L FOIHT OF BEGINNING: ( thence South 38"001OW, West 305.00 feet to a point; thence South 32.00'00" West 205.00 feet to a point; r thence South 29.45100" West 175.00 fa�•t to a point; thcncv South 8.30'00" West 220.00 feet to a point; thencc South 0®00'00" past 400.00 feet to a point; thence South 87•r,a'00" t.Agt 185.00 feet to a point; EhaenCe 509th 1.00'00" West 194.39 feet to a point; titettet South 21.15100" Went 109.02 feet to a point of curve; tPsertc� Soattc-asterly 010n8 a curve, to the left 263.44 feet, sold curve hawing a central .angle of MOWN", a radius of 75.00 feet, no tangents and at 147,43 feet b44rinhg South 79'22130" East to a point of tangent; i, 'orttb FAst 40.00 ftaet to a point, WOP 110.0 fret to a Point; t to a 1,,,�: 5 aL1t/371 J r 5 aL1t/371 J J -U -t -T ------. j rrv�;�rtr:F f��:,. i:a ,.i -U t:3 �Y!1 p e , a±•�,+,o dk•,as . Ui.I.q 19a -.v bJY4^ J 4 j I ^ L:Of!bIfT "A' 1?17i'i[JLi�r ! ProjCct: 7543-18 cr Date: uCptCMher AJ, 1917 ragee 2 - Cherry L3ue. V111age Colf Course, 14 thru 17 thence South 19.30100" East lGS.fiD fcCt to a point; thence South (.1135149'° fast 650.60 feet to s point; thence South 7t]'30'00" Ease 250.(.0 feet to a p. -int; thence South 8.1'(:6'43" Fast 328.97 feet to a polnc; thence South V-10'00" East 34.77 Feet to tlIc p01,E. of Leg prlsing 17.32 acres, more or lace, ltin tng, eelrt- rreparcd Ly: J -U-1: ESC1t:EER'% Inc. �S1fP.fD � F 11 U Gary L. Lay. Rodenspicl, L.S. 47.; EhV/JAP:na to s �f i 1 1 f +:�"��"� !'P�f�ll•If [ �l�.,rif'd::. �i,it I.,.neu.. iQ„-„� ., .. ,., s�„-. ” C1711 n7T n�u. � I A -U -M rNr," I tri. q4c,, rrOJOcts 7543-13 Date: September 26, 1976 TVIPOURY Vxrurzf-,-EG11S' . LAMINTNO. I USCRIPT10:1 F0% MURY LANr VILUM A ?03'110"; OF THE NE 1/4 SE 1/4, BECTIC"; 3. T.3N., R.lv.. 8.1j. MRIDMI. ADA GOU14ry. iDAJI0 t descrIb, I FUJ A 40 -foot temporary Ugress-eerese easement lyj,jj, 20.09 fe't S, ,utfIves a t r-1, of and 20.00 feet Northeasterly of and adja,;ent to followj,•r 'Id CM rhr-, (;esrr,bed cfQ--:, 1. T -3m_# Beginning at the '�outherinc corner of the SE 1/4 of Secriou 3, T V., R.W., .-M.. Meridian, Ada County. Idaho; boundary of thence North 0.19'11" East 2.643.15 feet along the raoter i §- mdiry of the sold SE 1/4 of Section 3 to a -Mer of the we" Point wzrking the florcksenet -rnat of chs, sold SE 114 of SectI94 3; id Point beingthence P0 South 50.21'44" -test 578.4® feet -, a Point, also said point being the ML roINT OF EGIM111.1r,; Of the above thence South 24.43118"Ea3c,162.73 fe.,t to the V-51rit of c -din; of tha above described centerlina. Preparp-d Cay: .?-L-B ENCINURS, Inc. Gary L- Radenspiel, L.S. ZW/KO caw Com - OU I-X0153,P "A" :Y►rlls1 ^*a PtoJcct; 7543-38 Date: 5cptvQber R, 1977 Pager 2 - Cherry Lan._ YlllaCe Golf Cournes 14 thru 17 iaag. thence F`uth 80'18'00" West CO.78 feet to a print [home North 37'47'00" ".est 79.69 feet to a yolti,t; thence North 0'()9100" East 171.92 feet to a point; thence North 32'50100" East 231.74 fret to a point- tlienre North 30'03'39" East 225.00 feet to a point; thence North 44015000" East 137.90 feat to a point; thence North 54'45'00" East 283.52 feet to a point; thence North 41011155" West 106.78 feet to a point; thence South 66945100" 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; thence North 61°00'00" East 86.26 feet to a point of curve; thence Northeas.erly 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 if 92.53 feet bearinr North 44'08'02" East to a point of ending of eu►:e; thence South 58'27'00" East 103.63 feet to a point; thence North 81°34'29" East 389.33 fent to a point; thence South 44'47'48" East 41.29 feet to a point; thenc.e.South 20'30'00" East 80.00 feet to a point; thence South 13'53'29" West 148.29 feet to a pours; thence South 11'15'00" East 25.46 feet to a hnint; thence South 43'59'35" East 152.65 fret to a point; thence South 69'30'00" West 20.00 feet to a point; thence South 1'00'00" West 100.00 feet to a paint; i'INi•owf I Pirojectt 7543=13 ®!tel fepterA rr tri. 1970 13 is f Ua T.-1 dc:, of be? na PD t 7u.i_�0 !e•t �f� n � ;ui thence South )6]0'00" 11rteL 110.00 fret ru a 10011It; thence South 35.001001` West 156.91 feet to r, point; thence South 61'43'00" Went 315.50 feet to a Pu1nt; i thence South 49.21'00" Nest 157.00 feet to 9 point; r ' '_Mw_. U I.� ,j,-) y rz ; . •'.6._ 1�7. I.,.:.y:.q u,t.,. - hni{t. I.a....q P itis'. E201I111T aao ex1T ten- i, '0.fret of and , .11 te_ ae¢' terllne; IleFinning a c�a M.. Meridian. , thenc+: Hortl oats SC 1/4 of Sc U K3 J rOM: 7543-18 Data: September 26. 1973 TC.'CP0;v1pY D3:SC�IPTID.J Fd�Et CNES"Y L.V11: VILLAGE FUaTI0.1 oy lqj: 114 1/4 SC 1/4. SEcrIQ:; 3. k • 3'1.. P. IW.. MCR::DIA°7., AI1A COT'Mr. I9,11(Y A 411 -toot temporary lngrcea-egress 4" easeme t lying of 2n,tt>7 feat northeasterly of '7•C9 feet C uthvestcrly and ad3acont to Cho following deerrl6od cep_ tes ksimlai at the NGrtltaust Corner of the SE 1/4 of Sentra 3, f.Ei.. tierldlan. Ads Cotmty, Idatw; tb*tbMte Nortb 8d'S5'22" West 2.643.29 feet along Cho Northerly boundery of St 114 OfSSect �f3.ectioo 3 to . poine marking Lha t;orthvcat eoreer of the said t'stvra South 23*28147" toff ^amt 1.258.43 fact to a poinC, el®o eald 00 UX ID? gEcL-Cj 'm; Point being tl+eatSouth 17'01' 1" Last 5p, 50 feet '�ttlimf cr�ateriiaa. to the "I"t of erA ing of the above rrl trepared bye: J_U_8 ;:I:ii F!S. Inc. CwlM:d. Cat'T 1.. Rodenapiel. L.B.. Pr,iject: 7 as Cate: theacc South 1p the PEAL 1'01INT OF ��,� thence South deeeribed centers "w/S£Rzdr A t '0.fret of and , .11 te_ terllne; IleFinning a M.. Meridian. , thenc+: Hortl oats SC 1/4 of Sc SE 1/4 of Sactior theacc South 1p the PEAL 1'01INT OF ��,� thence South deeeribed centers "w/S£Rzdr t q I' Int 112.65 it PL to hrntt 'i`tltll 6'9'1[1'00'" West 20.00 ftet tto a p(,fl,t lellev 5Outll I'(10000#1 West 100.60 Cret to a palet; imp 461, Adommadmok -j-U-e PCOJect3 7543-13 Date!projeen. Dm Sept --titer 2C.. 1978 Mira-Mly C"' I r&RZIO:l or T"t: A31% A 40 -foot ter!ilw; '00 feet N0rC3ejm'erljr of '11W wvs "a ,-foot t"Porarr f"t :Mt!) of and fe'c A 40 of ct.*_ r cerliza-, se'taning at ti* Varth*ws- cvr:wr Of c,"T I! 114 of Sect,&= 3, CO'laty. Idaho; *',mt sc t B'A"- MerlAL&O. Ads thjm#e r'&Tth 65*55'21,'.;est the sald SE 1/4 Of 'Section 3 to a polat Of rm said SL 1i1 *f Bali SD 1/i Of S*CtL*n 3. e2741!IX 34r;"lv-j't cvrr.--r of ts 1/4 of socitan 9; X t'qmcq South SIOC3107- rAs-- feet r -s a iolz:' Aiw "I_� lrlr4 law MIL ?*1-:7 the -UL MM ,w gE-,I!UM; SE tbmc& South 31*Q3*01' r&st 5;.0 fe*,t Ommes descirLbed cent Fisc tza 'b"m Cary C. aaLtr-plcl. r*W/I:F,q - do lr*WlIEF r.." Pta}ect: 1543-11 'Beier Septemier 4'1 ePe�l�lati Acv:5.^, :,,:2,i D111 - Car ,Rj- . Vjj: VILL%E F ibt.. ri 1/2 S1/2. S""7105 3, IMRj!)I&I. sae 3. R,1W., tS.M.. �O�a:�rr. A t.rrorary access and parking caSegrnt I P ti.. ; of Sectioe� !. bed as id.ld.. r t eriddaa, Aia Count Yin , in the S !12 cularly described �� foilovSs y. 1Jahl/sad more parti- tegianlag at the tdortheut corner .af the oeid 5 1/2 of SeCtfon 3; thence S 112 r Sect West 1.643.29 fe,.t alonr of the said S I/2 ep 'ecelon 3 to s point m.rk_iar, the F SS 1/d of the said Section 3• Lha Northerly boun,ary . or1121eat corner of the thence South 59.37'17" treat 651.35 the feepoint, of BgAL iilltTT OF iSa;IS17d!f; t to aoi • • Sa said point being thence South 0°20',4" West 110,21 feet to o poir.t; thenc© South i. -,4.1 .. east 169,56 fe, t to a point of curve; thence Southeasterly along a curve curve having a central angle of JG• r. to tb- right 59, 4f, Of 30.64 feet and a ion 04 10"• - radius of tet. 8180 Said a @oder of R chord of 55,59 feet bearinn 100'�O�fetc. tangcate tangent; South 51 52'0 6" i:aat to thence South 34.50.01" East •51.00 feet to a point; of and thence South 56.03'00" treat 249,82 feet al"n vie.•. Parallel to the Northerly bounder R a line 'a. as filed for record in the office of ihec GO.00 feet northerly Ida1uo in goo rY B. County t7o. I Sutjl_ k 64 of Plata at pages 9337 through 3j39County I:eeorder, tc a 8oieo. thence South 349 a Point, 110tthetly bo'-rndery of ChEast 00.00 feet to an enrin tt) t zne Vd$lagy t1® 1 Su411ple Point on the oaid theses North 56•00'0{Ia East 3l3S.4 of Cherry L'I" Village Pio. 1 SubdIV121,01 ttealen, aur of Lot 2 of BIOCi 4 of the *aid P the Said trorthcrly boundary pint mirkloag nFejo. thn !eortheast cot' Shetty lane Vilinge ;to, i Subdivision; thence cherry iia Se V.11 Eoat 75.57 feet alone, the Northeaster) O! the staid merry Lane Village to, 1 Subdlv1r90n to S point; Northeasterly boundary 0 11 U A I DO m No 1 -LS. ( khiS .it3L[ 6t i, j. �5Y3U�LT "f;" tt��'1!'Jsl�e Frcje to 7541--13 L+_,te. Se7stc &er 2(�, 1t)93 Pat-*- 2 — Tu22arary Accc8i& i parking 'tdsPncn► fur Charry imne Vi1lspa thence North 22'15100" Rest 60.05 fent to a point; thence North 35400"W" Hest 285.33 feet to a point; thence North 51045'00" t1cst 5140.00 fent to the point of beginning. taejrtIOLT g 1.143 acres. more or lees. Frepared byr J-11-3 121GI ECRS. Inc. rdH/RFR:dm In Gary L. Rodenspiel. L.3. res ry B., r 1 CHICAGO TME CO. gr2P�' at if/s? as-'. W] �� .ulaz�4y�-nYd c5e::-e of the 8+11 S S£ 1/4 Chen,:; 5_ the REAL r_.::. I vl Chc�ree S,: r1 C 11 i'Y I' of an NdpiM,- Idelw UOttherty thence Noris, of Chore J�fl..r 4t. est' of Lot 2 of DI theu�cr South Of tEae sef:! Cherry n 9' 1E El W3 0 J -U-0 C?W.-AN(-:[ F3:i,,.1FV(.;. 90�» i •.�nuin a.�an n..�5., a,,u�.. e��a•. f•MIDIT Project; 754J-18 date; September 26. 1978 TGU'QTUIRY INGRGSS-FC4rSS FA5!_(f.YT KO. 4 DESCRIPTIO.t POR CHLRRY LAT?i VIL104E PORTION OF TFIC SE 1/4 SC 1/4, SEC7I07 3. TAN.. R.ltl., B.M.. MERIDIAN, ADA Ct)U:;TY. IDAHO A 40 -foot teuporary lu3ress-wrens casement lying 20.00 feet Southwesterly of and 20.00 feet Nnrtheauterly of and IAjaceut to the fulloving described eea- terllne; 8e9ituaing at the Northeast corner of the SE 1/4 of section 3. T.3%. R.1W.. B.M.. Meridian, Ada County, Idaho; j� thence South 0.19'11" West 2,643.15 feet elon�t the Easterly boundary of the seld SE 1/4 of Section 3 to a folat marl, nR the Southeast corner of the said SE 1/4 of Section 3; thence North 46007105"'West 703.95 feet to a :-int, elno said paint being the REAL P013T OF BEGINANG; thence North 19033152" West 51.18 Leet to a pulne of mdtng of the above UU described centerline. Prepared by: J -U-8 ENGINEERS, Inc. X W/KFR:do I 'art. RO9E��R Gary L. Rodeueplel. L.S. Project Date: A 4, an,! ter, ton l the eats sail S 1, the .rA- F dcacriS�. ,._ OIONEER TITLE COMPANY OF ADA COUNTY BOISE, IDAHO TITLE INSURANCE • ESCROWS CLOSING STATEMENT SELLER: Barney, Kent G. & Mary R. ADDRESS: lot 9 of The lake at Cherry lane City of Meridian PRORATION DATE: 10-12-84 I;UYER: LOAN NO. d n rPAR7 -SCROW OFFICER: - Debit Credit ;ALES PRICE: , ;ARNEST MONEY I'1). TO: )EPOSIT INTO ESCROW I,OAN AMOUNT INTEREST f_;_ESERVF.S: Taxes Mo. @ Fire Ins. Mo. @ FHA MI Mo. @ I,OAN ORIGINATION FEE LOAN DISCOUNT FEE % CREDIT REPORT APPRAISAL FEE LOAN PAYOFF LOAN ASSUMED: INTEREST RESERVES CONTRACT OF SALE: ESCROW FILING FEE: LOAN ASSUMPTION FEE: SEWER: --- — ao10ATif1N• We hereby certify that the foregoing is a true and correct statement of funds received and disbursed by us in the above closing, and that all parties have receive py• ONEER 'r TLE OF ADA COUNTY BY: e s Date: Zd We, the undersigned, have read and approved the above closing statement. bV City of Meridian ESCROW INSTRUCTIONS 0 Barney, Kent &Mary Escrow No. P 68487 Seller 10-12-84 Buyer City of Meridian Date: PIONEER: TITLE COMPA �� 2A LO iMorm of a check I hand you herewit L 1 which you are to or�ozede o uusne in connection with your above numbered Escrow upon payment for my account of O and when you can issue your o`mers Title Insurance Policy in your usual form, colt, nin the printed exceptions usual ' such policies (with your liability thereunder not to exceed $Ada ) on the following described real property situated in the County of and State of Idaho, to -wit: lot 9 of The Lake at Cherry Lane Sub. City of Meridian which will show record title to said property vested in free and clear of incumbrances, except building and use restrictions, easements, zoning and building laws and ordinances, if any, as the same may now appear of record, printed conditions and exceptions contained in form of title insurance policy herein provided for, and Mortgage -deed of trust, executed by n/a in favor of n/a to -secure the payment of n/a and exceptions numbered 1 thru 7 in your commitment No.P 68487 Dated 10/9/84 , which the undersigned have read and approved. I authorize you to deduct or pay, before the closing of this Escrow, the following: 1. demand for deed $17,000.00 2. recording fee for deed 2.00 It is understood that water and utility charges will be adjusted between the seller and buyer out- side this escrow. — In any acts in this escrow relating to fire insurance, including adjustments, if any, you shall be fully protected in assuming that each policy is in force and that the necessary premium therefor has been paid. All matter regarding cancellation and transferring of fire insurance will be handled outside of escrow. — You will file for record the necessary legal instruments and then pay off such incumbrances of record as may exist at the time of filing such instruments, to vest the title as above stated, and shall not be held responsible for any liens that may attach after such filing or record- ing. — You are not required to ascertain compliance with any "consumer credit protection," truth in lending," or similar laws, and it is agreed you will have no liability for loss or damage arising out of non- compliance with such laws. — All adjustments to be made on a basis of a calendar year. — When re- quested to do so, a copy of the closing statement showing disbursements, in accordance with these instructions, may be delivered to the realtor who consummated the transaction, the mortgagee or its agent or to my attorney. Any amendment of or supplements to any instructions must be in writing and if you are unable to comply with the instructions within 7 days after date, said money and/or instruments shall be returned to me on my written demand, but in the absence of such demand you will proceed to comply with these instructions as soon as possible. In the event that any controversy should arise between the parties hereto or with any third person, you shall not be required to determine the same or to take any action in the premises, but you may await settlement of any such controversy by joint instructions of the parties or by appropriate legal proceedings. In the event that you should become a party to any such legal proceedings, we jointly and severally agree to pay and to hold you harmless from and against any and all costs, charges, damages, attorneys' fees or other expense which you in good faith may incur. Receipt of money and/or instruments hereinabove mentioned is hereby acknowledged. City of Meridian PIONEER. TITLE COMPANY by OF ADA COUNTY By 1 e_.