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HomeMy WebLinkAboutConsent to Exchange & Disclaimer of InterestCONSENT TO EXCHANGE AND DISCLAIMER OF INTEREST T~IS CONSENT TO EXCHANGE AND DISCLAIMER OF INTEREST is made this ~ day of 2001 by WESTERN ADA RECREATION DISTRICT, a political' subdivision of the a e o Idaho. WHEREAS, by Special Deed dated April 19, 1994, recorded as Instrument No. 94053196, records of Ada County, Idaho, James W. Fuller and Lois Jean Fuller, husband and wife, conveyed to the City of Meridian, an Idaho municipal corporation, certain real property described therein which deed contained the. following provision: The purpose of this deed is to grant the conveyed property to the City of Meridian for the express and limited purpose of developing said property for public golf course purposes. This grant and conveyance is limited to this purpose and should the City of Meridian fail to develop said property for public golf course purposes within ten (10) years of the date of this deed, the property granted and conveyed herein shall automatically vest and be granted to Western Ada Recreation District (WARD) a political subdivision of the State of Idaho, its heirs, successors and assigns. WHEREAS, the City of Meridian has developed the real property described in said Special Deed for public golf course purposes as contemplated in the said Special Deed; and WHEREAS, the City of Meridian has entered into a Land Exchange Agreement with Steiner Development, LLC, an Idaho limited liability company, dated October 3; 2000, whereby that certain real property described in Exhibits A and B attached hereto is to be conveyed to Steiner Development, LLC in exchange for certain other real property owned by Steiner Development, LLC, together with other valuable consideration; and WHEREAS, the real property described in Exhibits A and B attached hereto is a portion of the real property conveyed to the City of Meridian by the Fullers described herein above; and WHEREAS, Western Ada Recreation District desires to consent to the exchange contemplated by the hereinabove described Land Exchange Agreement and disclaim any and all right, title and interest in and to the real property described in Exhibits A and B attached hereto. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is acknowledged, Western Ada Recreation District does, for itself and its successors and assigns hereby consent to the conveyance to Steiner CONSENT TO EXCHANGE AND DISCLAIMER OF INTEREST, Page 1 G:~$temer Oevelopmentleonaanl•ta exChange.doe 9!B/Ot Development, LLC of that certain real property described in Exhibits A and B attached hereto and does hereby disclaim any and all right, title and interest in the same. WESTERN ADA RECREATION DISTRICT By / ~ Its ~'G ~Si h~P~,•.r ATTEST: Its STATE OF IDAHO ss County of Ada ) On this ~h day of _yu~y 2001, before me, a notary public, personally appeared __ U~a~~- ~/lorroc~ and /x~~,~,~Johhsa•~ ,who, being by me first duly sworn, declared that they are the ~~ts;dcM f and ice l~res;elPhf of Western Ada Recreation District, that they signed the foregoing document as I~res;deycf and ~/;c '7>~P~;,(ctit of the political subdivision, and that the statements therein contained are true. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the .day and year in this certificate first above written. ,~gaun~~~ i~t,/~~ .•~ 1 ao a~ ~~••. ~~'~a''~~~'' ~lJ'~~i~ No ry P lic for Idaho ~ Hand •~ R idi at ;a~'ah * ~ ~ ~•~ } ~ = M mmission Expires o Dario ~~, . ~~ti ~ti CONSENT TO EXCHANGE ANO DISCLAIMER OF INTEREST, Page 2 t3:15teinx Oevebpmentlconttant to exehange.dac S/8/01 ,~ ~ ~ ~ ~>c~~~f ~ ~ ! I ~ I ~ I_9: S. Eagle Flight way Boise, ZD 83;09 (308) 3%8-6387 Fig ;308) 378-0025 PROJECT: 549129 DATE: Apri13, 1999 DESCRIPTION FOR STEINER DEVELOP:~tE`vT Ati~ T'riE CITY OF ~tERIDI~:1 A PORTION OF THE NORTHWEST Q(.:~RTER SECTION 3 T. 3 N., R I W., B.+~l. ~tERlDLaN, ADA COC,TfTY, IDAHO ,4 portion of the Northwest Quarter of Szotion 3, T. 3 N., lZ 1 W., B. ~I., ~titeridian, Ada County, Idaho and more particularly described as follows: Besinning at a Brass cap marking the Nor~heost corner of the Northwest Quarter of Section 3, T. 3 ~I., R. l W., B.~l., Meridian, .~da Counry, Idaho; thence along the Easterty boundary of she said Northwest Quarter of Section 3, South 00°37'39" West 1,=6j.57 feet to an iron pin mar'.:ing the Southeast corner of the northeast Quarter of the Northwes; Quarter of Section 3, said iron pin also being on the Northerly boundary of The Lake .fit Cherry Lane No. ~ Subdivision as tiled for record in the oct"ice of the Ada County Recorder_ Boise, Idaho, in Book 74 of Plats at Pages 76 i 4 and 76 i 5; chtace leaving said Easterly bound :r~, and along the said Northerly boundary of The Latcz Ac Cherry Lane No. 4 Subdivision, North 89° l8'S8" West 301.76 feet ro an iron pin marking the Northwest corner of said The Lzlce .4t Cherry Lzne No. ~ Subdivision; thence leaving said Northerly boundary, and along the Westeriy boundary of said The Lake At Cherry Lane No. 4 Subdivision, Sourh 00°30' 13" West X36.13 fe_t to an iron pin; thence leaving said Westerly boundary North 89°29'j4" West ?4.97 feet to an iron pin; thence South 73°5;'05" West 133.47 feet to an iron pin, said iron pin being the RE~I.. POINT OF BEGINNMG; thence South I I°6'06" West 306.9 feet to an iron pin; thence South 00°30'06" West 15.1.03 feet to an iron pin, thence southwesterly 3~.j4 feet along the 1rc of a carve to the leR said cure having a radius of ~3j.00 feet, a central angle of 03° 18 "?9", and z chard bearing South 30°53'03" West 3~.j4 feet, to a point on the easterly right-of--way of the Eight Mile Lateral; thence along said easterly right-of--way North 00°~Z' I9" East 341.61 feet to a point; thence leaving said easterly right-of--way North r8°53'05" East 64.4 feet to the ~.4L POINT OF BEGINNING, comprising 0.378 acres, mare or less. Chrsub8c.doc Page l of 3 Pacific :and Surveyors. a ~livis~on of POwE.~ ca~nr_rs. fnc.. zn Idaho Coroondon SUBJECT TO: Al#existing easements and road rights-of--way of record or appearin; on the above-described parcel of (and. Prepared by: '~- ~a ~~al5TF9FoG,AG t` 7,~~, ~. j ~~_ 9TF O F ,Q* Gip C. yyE1.t~~ Z ~ y ~ Pacific Land Surveyors SCW/EDM Steven C. Wellington, P.L.S. Chrsub8c.dac Page ? of 3 / 1 1 ~ ~ ~ ~ 1.95 S. Eagle Right Way Boise, m 33709 (:081 373-6387 Eyt ('_08) 378-OOZS PROJECT: S~t9429 DATE: January 6, [999 Exhibit B DESCRIPTION FOR S i cINER DEVELOP1~tEvT .~ PORTIOIti OF T'r?E NORTHWEST QUARTER SECTION 3 T. 3 N., R. 1 W., B. ~(. ~+fERlDL-~:i, ~.DA COUNTY, IDAHO A portion of the Nor~hwest Quarter of Section 3, T. 3 N., R. I W., B.~1., N[eridian, Ada County, Idaho and more particular{y described as follows: Beginning at a Brass cap marking the ~iortheast corner of the Northwest Quarter of Section 3, T. 3 N., R. I W., H.~L, Meridian, Ada Count', Idaho; thence along the Euterly boundary of the said Northwest Quarter of Section 3, South 00°27'29" West 1,365.57 feet to an iron pin marking the Southeast corner of the Northeast Quute: of the Northwest Quarter of Section 3, said iron pin also being on the Northerly boundary of The Lake At Cherry Lane No. 4 Subdivision as filed for rtcord in the office of the Ada County Recorder, Boise, Idaho, in Book 74 of Plats at Pages 7674 and 76 i : ; thence leavin; said Easterly boundary. and along the said Northerly boundary of - Fre Lake At Cherry Lane No. 4 Subdivision, North 39° 13':3" West 301.76 feet to an iron pin marking the Northwest comer of said Tne Lake At Che.;y Lana No. 4 Subdivision; thence leaving said Northe:ly boundary, and aloe; the Westerly boundary of said The Lake ,4t Chem Lute No. 4 Subdivision. South 00°30'13" West 486.I3 feet to an 'von pin, said iron pin being the itEAL. POINT OF BEGINNIivG: thence continuing along said Westerly boundary, South 00°30'18" West 19.38 feet to a point. thence leaving said Northwesterly boundary, North 39°'?9'45" West 79.95 feet to a point; ' thence South 73°33'-49" West 13''.71 feet to a point; thence North l l°45'06" East 20.6? feet to a point; thenc: North 73°53'05" Ezst l 33.-c7 feet co a point: thence South 39°39'S~t" Easc 7-t•.99 feet to the point of besinning, comprising O.l 1 acres, more or less. Chrsub3b J SUBJECT T0: All existing esseiaeats aad road rights-of--way of rerord or appesring on the above-described parcal oflaad. . Prepared by: SCW/Er7M Chrsub8b ~• nLy_ i ~ ~ c1 Paein"e LZtsd Surveyors Stephen C. Weilinston. P.L.S. ... ., -~ f:v,.. AGREEMENT ~. ~, ; ;_~= ~ , v ~ v. J am. I J THIS AGREEMENT (this "Agreement") made and entered into this ~~day of ~~,(.~(,/ 1996 between the City of Meridian, a municipal corporation ("City"), or its assjg ~ amd Boise_rf~eseY~arch±-'enter, Inc., an Idaho corporation ("BRC"). :7~~ ~, U ; i ; ' ~ ~ RECITALS: - ~' - 6~i~~ ~~~r~ :: ~ - :~ .. - : ::. ~~C. ~: A. BRC owns land in the vicinity of the existing City municipal golf course, which is more particularly described on Exhibit A, attached hereto and made a part hereof, and is sometimes referred to herein as the "Subject Real Property." B. City intends to improve the Subject Real Property with an addition of approximately two golf holes, including fairways, tees and greens (the "Addition") to the existing City municipal golf course. C. BRC desires to transfer the Subject Real Property to City and City desires to have the Subject Real Property transferred, subject to the terms and conditions contained herein. D. City's Council has duly convened and reviewed this Agreement and determined that the Agreement and the transfer of the Subject Real Property on the terms and conditions hereinafter set forth serve the best interests of City. NOW, THEREFORE, for valuable consideration, including the transfer of the Subject Real Property, the receipt and sufficiency of which is hereby acknowledged and agreed, the recitals above, which are hereby incorporated herein, and the mutual promises and agreements herein contained, the parties hereto agree as follows: 7 • AGREEMENT OF TRANSFER BRC agrees to transfer and convey and City agrees to have transferred and conveyed, subject to and upon the terms and conditions hereinafter set forth, the land legally described in Exhibit A. 2. TRANS~,R The transfer of the Subject Real Property shall occur on execution and delivery of the Deed of Gift and this Agreement. The delivery of the Deed of Gift and this Agreement shall take place at the office of City's Attorney or Meridian City Hall. The Subject Real Property shall be transferred with a deed substantially similar to the deed of gift attached hereto as Exhibit B and made a part hereof (the "Deed of Gift"). Possession of the Subject Real Property shall be delivered to City upon delivery of the Deed of Gift and this Agreement. General real estate taxes shall be prorated as of the date of the Deed of Gift. Recording fees shall be divided equally. 3• GOLF C URSE PLAN. City has commenced and shall continue, all at its cost and expense (with assistance, donations and fees from others, which may include assignees of other land owned by BRC), immediately following the delivery of the Deed of Gift and this Agreement, the construction of improvements to the Subject Real Property (the "Golf Course Improvements") substantially in compliance with the general scheme and layout for the Golf Course Improvements as provided on the plan, attached hereto as Exhibit C and made a part hereof (the "Golf Course Plan"). City has and shall be the general contractor in connection with such Golf Course Improvements for the Addition in accord with the Golf Course Plan, or the City may enter into contracts for the construction of the Golf Course Improvements on the Subject Real Property. City shall have the right to make any reasonable modifications and/or changes to the Golf Course Plan which are necessary to solve engineering, layout and/or design problems not reasonably foreseeable at the time of execution of this Agreement, without BRC approval, provided BRC shall be informed of all such changes and shall be entitled to immediately advise City of any concerns BRC may have regarding such changes. AGREEMENT- 1 BRClashford~dev.agr 4. L_ ONG-TERM MAINTENAN E AND OPERATION. The City acknowledges that the maintenance and operation of the Addition as required by this Agreement is a material consideration to BRC. Following the execution hereof, and the construction of the Golf Course Improvements on the Subject Real Property, City or City's lessee of the Golf Course shall conduct and carry out the lonb term maintenance and operation of the Addition including, without limitation, golf course landscape maintenance. The maintenance and operation of the Addition shall require, without limitation, that the City or its lessee operate and cause the Addition to be used in accordance with the USGA Rules, shall prohibit uses of the Addition which are inconsistent with its use as a Golf Course, shall be maintained as per USGA maintenance and operation standards, as amended from time to time, and in a manner not inconsistent with that certain Agreement of Lease, defined below. The maintenance and operation of the Golf Course Improvements on the Addition are intended to preserve the natural appearance and beauty of the Addition and which will preserve the Addition as a valuable asset and amenity to the City. City and BRC acknowledge that the municipal Golf Course is leased, operated and maintained under that certain Agreement of Lease, dated October 3, 1978, as may be amended, and agree that if there is a conflict between the terms, conditions and agreements of this Agreement and the Agreement of Lease, as may be amended, the Agreement of Lease, as may be amended, shall control, except that this Agreement shall expire after ten (10) years. 5. DEFAULT. REMEDIES• REMEDIE CUMULATIVE. In the event of a default hereunder, the non-defaulting party shall be entitled to all rights and remedies available at law or in equity, including, without limitations damages and equitable relief. Each right, power and remedy provided for herein or now or hereafter existing in law, in equity, by statute or otherwise shall be cumulative and concurrent and shall be in addition to every other right, power or remedy provided for herein or now or hereafter existing at law, in equity, by statute or otherwise, and the exercise or beginning of the exercise or the forbearance of exercise by any party of any one or more of such rights, powers or remedies shall not preclude the simultaneous or later exercise by such party of any or all of such other rights, powers or remedies. Provided, however, that BRC shall provide City with sixty (60) days written notice of any alleged default, which notice shall provide the specifics and details of the alleged default. 6. ATTORNEYS' FEES. In the event of any controversy, claim or action being filed or instituted between the parties to this Agreement to enforce the terms and conditions of this Agreement or arising from the breach of any provision hereof, the prevailing parry will be entitled to receive from the other party all costs, damages, and expenses, including reasonable attorneys' fees, incurred by the prevailing party, whether or not such controversy or claim is litigated or prosecuted to judgment. The prevailing party will be that party who was awarded judgment as a result of trial or arbitration. 7. W IV R. No representation, warranty, covenant, term, agreement or condition or the breach hereof shall be deemed waived except by written consent of the party against whom the waiver is claimed, and any waiver of the breach of any representation, warranty, covenant, term, agreement or condition shall not be deemed to be a waiver of any other representation, warranty, covenant, term, agreement or condition herein. Acceptance by a party of any performance by another parry after the time the same shall have become due shall not constitute a waiver by the first party of the breach or default of any such representation, warranty, covenant, term, agreement or condition unless otherwise expressly agreed to by the first party in writing. 8. ENFORCEMENT. The parties agree that this Agreement shall be construed under the laws of the State of Idaho. 9. FORCE MAIEURE. Any prevention, delay or stoppage due to strikes, lockouts, labor disputes, acts of God, inability to obtain labor or materials or reasonable substitutes therefore, governmental restrictions, governmental regulations, governmental controls, enemy or hostile governmental action, civil commotion fire or other casualty, and other causes beyond the reasonable control of the parry obligated to perform, shall excuse the performance by such party for a period equal to any such prevention, delay or stoppage. AGREEMENT - 2 B RClashfordldev.agr 10. SEVERABILITY. If any term or provision of this Agreement shall, to any extent be determined by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Agreement shall not be affected thereby, and each term and provision of this Agreement shall be valid and be enforceable to the fullest extent permitted by law; and it is the intention of the parties hereto that if any provision of this Agreement is capable of two constructions, one of which would render the provision void and the other of which would render the provision valid, the provision shall have the meaning which renders it valid. 11. ENTIRE AGREEMENT. Except for the other written agreements described herein, this Agreement embodies the entire agreement between the parties hereto and there shall be no oral agreements existing between the parties relative to the subject matter hereof. This Agreement may only be amended by written document executed by all of the parties hereto. 12. TIME OF THE ESSENC . It is understood by the parties hereto that time is of the essence of this Agreement. 13. ADDITIONAL ACT . Except as otherwise provided herein, in addition to the acts and deeds recited herein and contemplated to be performed, executed and/or delivered by the parties, the parties hereby agree to perform, execute and/or deliver or cause to be performed, executed and/or delivered any and all such further acts, deeds and assurances as any party hereto may reasonably require to consummate the transactions contemplated hereunder and/or the warranties, covenants, terms, agreements and/or conditions contained herein. 14. HEADINGS. The headings contained in this Agreement are for reference purposes only and shall not in any way affect the meaning or interpretation hereof. 15. SURVIVAL; BINDING EFFECT. The representations, warranties, covenants, terms, agreements and conditions contained in this Agreement shall survive the execution of this Agreement and the delivery and recording of the Deed of Gift, and this Agreement shall not be merged therein, but shall remain binding upon and for the parties hereto until fully observed, kept, performed or terminated. This Agreement shall be binding upon and inure to the benefit of the parties hereto, all successor owners of record of all or any part of the Subject Real Property, any and all assigns, lessees thereof and any successor municipal authorities of City and successor municipalities for a period of ten (10) years from the date of completion of construction of the Golf Course Improvements on the Subject Real Property. 16. NOTICE. Any notice or demand from or to the parties hereto shall be personally delivered by special courier, or mailed by first class United States mail addressed to the address set forth below or such other address as a party hereto shall have last designated by notice in writing to the other party as provided herein. Notice shall be deemed delivered on the date actually received or two (2) days after mailing, whichever is first. If to BRC: Boise Research Center, Inc. 12426 W. Explorer Dr., Suite 220 Boise, Idaho 83713 Attn: David Turnbull If to City: City of Meridian 911 Meridian St. Meridian, ID 83642 Attn: City Attorney AGREEMENT - 3 B RClashford~dev.agr 17. CONSTRUCTION. All parties hereto have been represented by counsel in the course of the negotiations for and the preparation of this Agreement; accordingly, in all cases, the language of this Agreement will be construed simply, according to its fair meaning, and not strictly for or against any party. 18. RECORDING. This Agreement shall be recorded simultaneously with the execution hereof. r 19. COUNTERPARTS AND DUPLI ATE ORIGINAL .This Agreement may be executed in any number of counterparts and duplicate originals, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties have set their hands the date and year first above written, the same being done after public hearing, notice and statutory requirements having been fulfilled. City: THE CITY OF MERIDIAN, a ,`,,~~~~,,,,,~~~~~~~' municipal corporation -qy , '% ` G ~~~~Ar~o By. . s: Mayor ~~.~~ _ ~ - J%~~ ~~ SST 18~ ,,~ ,~~~.~ I s: City Clerk '~ Boise Research Center, Inc., an Idaho corporation Its: vice ,o~,,pq~T AGREEMENT-4 B RClashfordldev.agr STATE OF IDAHO ) ss: County of Ada ) On thisa5 day of , 1996, before me, the undersigned, a Notary Public in and forsaid State, personally appe r d DA 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 ~~rtificate first above written. ,'',,,~~~ s01111jf1 G,~ T AMA •., v %• NOT ~ti9~~ '• ~~„ ~ o • ~~.~ ~. ~ # % A ~'• i'n : Notary Public f(a~Idaho ~cn~ :~ UBLIC ~~? # Residing at ~e~5~. ,Idaho •,•y~'~., ~ ~~` My Commission Expires: '1 Ib aooo • O . .,~~ F TD A~`'~~. STATE OF IDAHO ) ss: County of Ada ) On this ~ day of 1996, before me, the undersigned, a Notary Public in and for said State, personally appeare BERT . CORRIE and WILLIAM G. BERG, )R., known to me to be the Mayor and City Clerk of CI MERIDIAN, IDAHO, an Idaho Municipal Corporation, the Municipal Corporation that executed the foregoing instrument on behalf of said Municipal Corporation, and acknowledged to me that such Municipal 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. ~.~`~G E L . ~ •.,~ P > ~ ~' s • T~ (SEAL) 3 `~''~ '~ S ~r~rn~~~~~ ~~~ ~., ,y,, ', ~ j~~~~:~s~DJ~'~d~,- tiding at 77' v~'~ Commission Expires: AGREEMENT - 5 B RClashford\dev.agr EXHIBIT A LEGAL DE CRIPTION OF SUBIErT REAL PROPERTY AGREEMENT - 6 BRClashfordldev.agr EXHIBl7 A File Number: p150058 A PORTION OF THE WEST HALF OF SECTION 3, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARY DESCRIBED AS FOLLOWS: COMMENCING AT THE G~ORNER COMMON TO SECTIONS a, 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 & 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; THENCt: SOUTH 88 DEGREES 55'31"EAST 379.53 FEET TO THE REAL POINT OF BEGINNING; THENCE CONTINUING SOUTH 88 OEGREES 55'31" EAST 182.65 FEET TO A POINT; THENCE SOUTH 8 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 1o DEGREES 33'50" EAST aa7,8a 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 120.64 FEETTO 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 70 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 p01NT; 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 DEGREE 39'31" EAST 502.x2 FEET TO THE POINT OF BEGINNING. AND ALSO 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. t9 FEET TO THE OUARTER 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 CONTINUED Pt5oa56 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 FEETTO 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 a8 DEGREES 36'25" AND A LONG CHORD BEARING NORTH 23 DEGREES 47'57" WEST 205.58 FEET TO A POINT; THENCE SOUTH B8 DEGREES 55'31" EAST 109.62 FEET TO THE POINT OF BEGINNING. END OF LEGAL DESCRIPTION ~~bUbly~'r' Exhibit B ' ~.' ,. ~ !-~n CC ~'i .. 'j~:ri,'~CL~ [~ ~ ~ V. vH'Y/ t~2 tY ,~E11 ~1.~V DEED OF GIFT ~ ~' i S ~ I O ~s~ ~ ~~~ THIS DEED OF GIFT made this ~ ~ ~~~ p ~4 r 3 day of , 199, F1~tbve~~g01Sf~ RE5EA'RICH CENTER, INC., an Idaho Corporation, whose address is 124 . Explor~r.Dr., Suite 22.0, .Boise, Idaho 83713 ("Grantor") and CITY OF MERIDIAN, IDAHO, an Idaho Municip;~~~~pp~tf~,jtfi'o _ _ address is 33 East Idaho Avenue, Meridian, Idaho 83642 ("Grantee"); rct~ :::"-~ ~ • ~ ~ "= ~ ~~ ~ ~ ~ ~ F WITNES.SETH: e io 1. ~~nve •iiC . 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 P. Wpcriy"). 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: 1. 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~f--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. 3. Exceptions, reservations, terms, covenants and conditions of record on or before )uly 12, 1996, at 7:30 a.m. e i n 2. Acce to ance. 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 su scribed by its Vice- President pursuant to a resolution of its Board of Directors this ~ day of ~.-~ 1996. BOfSE RESEARCH CENTER, INC., an Idaho Corporation , /' ,;1 ~ Vice-Presi~nt STATE OF IDAHO ) ss: County of Ada ) On this ~ day of .~Gt.~.i 1996, before me, the undersigned, a Nota Public i for said State ersonall a rY n and p y ppeared 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 pfQ.Q, Idaho (SEAL) lvty Commission Expires:_~~Q-27-qf~ ACCEPTANCE 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 ~3~ day o 1996. ,~ ~~ d ~u~~ :_ 9 nj ~/ ~ ~~ ,~O .~ O 4 T f S'C • ~0 ~~~ STATE OF IDAHO ~~'~>,eQU;,n`(. ~.~`~ ss''ll~ur!!!ll~~~~~`` County of Ada ) CITY OF MERIDIAN, IDAHO, an Municipal Corporation f / . ~fi~E~ (/ On this~3~ ay of ~ 1996, before me/ the undersi ned, a Nota Public in said State, personally appeared . ~OYfLt q l~[fAaw, ~~ ~ ry and for to be the ~ pr ~ ~~~, known to me Cftvk of CITY OF MERIDIAN, IDAHO, an Idaho Municipal Corporation, the Corporation t at execute 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. ~~,.~ull.l,/~~ -~,Gf pTA,q /may,: (SEAL) - _ ~ r - ~r s'0UB LAG = ~. c s,,f~grE OF ~VQ~0~,• ~Jllll~l,,,~• Notary Pu i f Idaho Residing at Idaho My Commission Expires:_~Q-ZT-9S~ E HIBIT GOLF COURSE PLAN AGREEMENT- 10 BRClashfordldev.agr wm sl. 1 wtia .e I. 1 R ~ ~G ~~ ~._~ I ~ QI ~ ~.rr n 1 ' 1' Oj ..l ~~ ~ I A ~~ -- ~ 1 I~ `_/ ylI n 1 0 ~ 1 g ~ 1 I 1 O 0 Y (1 1 IiJ I I 1 1 1 1 1 I 1 1 _ wTa .~ ~~ 1 © (~ wY Ifs @i1RJ .YIww1 rr~w ~t nam O (7)S ~1 OI d 1 area ulwu~~~ ~. _ s ~ ~a la'iN. ^OT1} . y~ a _"9' . n I,~aaaaa,r, ENGINEIs~R1NG, 1NC. t~ ~°~1° EXHIBIT "C" } ~„2r ~a F(~ _ei rew2 Iii awr[ _ _ I'1111SI1f1 MNOMr 111( _- S. .ls r'.._ .. --~ ..._. __ _ __ -~ lJ wolf-llf -~a1 US ~) (~ ~nr un[ _ _.. ~ Q wMPA0PO1cu,c~ 9~IIF"411w1RN 1y\ - ~~. ® E~ISw1C rEll %~~~~ , 1 4 ASHFORD CAEENS