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Memorandum of Agreement with Marty Goldsmith, Farwest, Westpark Company, Inc., Parkland, LLC
<.-^ ` R ~'JORDE - REQUE G ADr~ CUl3HTY RECORDER /~~ / ./~ J. DAYID NAVAPRO f"J!i~r, I~A1io FEFf DEPUTY 1fl01 JA 10 ~~ g: ag.. 1VI)E10'I®~~~~ ~EM)GI~IT • Thi's Memorandum of :4gFeement {"Memorandum"} is made and.entered into 30th day of November, 2000 (the "Ei~ective Date"), by and between the Westpark Company, Inc., an Idaho corporation, parkland, LLC, an Idaho limited liability company, and Greg 3ohnson (hereinafter collectively. "Westpark"), and Marty Goldsmith, a single man; and Farwest, LLC, an Idaho limited liability company (hereinaftex collectively "Goldsmith"). • : .Notice is' hereby given that the parties have entered into a Purchase; Assigrirnent, Exchange and Sewer Delivery Agreement this 30th day of November, 2000, under which Goldsmith has acquired an interest in real property described on Exhibit A, attached hereto, and Westpark has acquired an interest in real property described on Exhibit B, attached hereto. below. IN WITNESS WHEREOF, the parties have executed this Agreement as shown by the dates MART GOLDSMITH Date: !~' 3v-oa Marty Goldsmith, and/or Farwest, LLC • 4550 W. State Street Boise, Idaho 83703 Telephone: (208} 388-0189 Facsimile: (208) 33$-3790 FARWEST, LLC. By ~.-~.J'~ r Marty Gol smith, Managing Member DATE: _ J!-3o -•r~ o RSEMOR4NDUM OF ACREEM&NT- I 1 1!30/00 WESTPARK COMPANY, INC. By ~ • ory . J son, Pre ' ent ATE: fir-- 3-~ -~ Da Westpark Company, Inc., and/or Parkland, LLC PO Box 344 Meridian, Idaho 83642 Telephone: (208) 888-9946 PARKLAND, LLC. By G ory o , Managi ember ATE, _ _ ~/`"' ~ p ---~ ~ go .J on DATE: ~~ -- 7~ ~ "'C' 12 .-...: ~. s~ATE of IDAHO ~ _' ~ 5S. ' County of Ada f--. t - On this ~Q~day of November, 20aa, before me VG~eei a I~ ,~,~o (,~ , personally appeared GP.EGORY B. JOHNSON known or identified to me {or prove to me on the aath of _ - - } to be the President of VYESTPARK CUMPANY, INC., the corporation that executed the instrument or the person who executed the instrument nn 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. ,~ ~V ~~N~~wf~ '7~ ~~• ~~ ~~~ v ~O Tq,~ 3'd '~' : "•~ ~ a O~ NO ARY PUBLIC FOR O Residing at My Commission Expires la~Z 7 / a y STATE OF IDAHO ) ) ss. County of Ada ) On this ~ day ofNavember, 2a0Q, before me 7/~fP.~ic ~~ , personally appeared GREGORY B. JOHNSON, known or identified to me (or prove o me on the oath of ) to be the Managing Member of PARKLAND, LLC, the limited liability company that executed the instrument orihe person who executed the instrument on behalf of said limited liability company, and acknowledged to me that such limited liability company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and yea ~~~l~~c~lt~i~cate first above written. • ',~,. ,~;.,.,......, o~ ,,~~ :'~~;` ~yoTAR~;dcn': • ~ * ~. ~°UB ~;G .s *`~ NOTARY PUBLIC FOR ID ` `i Residing at a ~3C , .~~xs v,~~+~~'~T ~~'~~~~*~~~0l,~? My Commission Expires ~G~17 ~d 1~ P.".EMQP..4NBJP.~ OF ~ ::ZEE1;'dENT- 2 l 1 /30100 r - STATE OF IDAHO ) - • . • ~ 55~ ' County of Ada ) ' On this .~'p~~day of November, za~a, before me r ,yjJ s! personally appeared MART'~~ ~®LIDS1Vd)<TIEi<, known or identified to me (or proved to me on the - oath of ), to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same. . - IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ~`••`' 1~' RE Y~O~'•~ y~ ••°~p,f A,R I. ti t1~ ~ : ~~~ v u-,~pU8L1G : ~ NO ARY PUBLIC FOR Residing at ~ se ..~~ My Commission Expires ~/3 /a S/ STATE OF IDAHO } ss. County of Ada ) On this ~~ day of November, 20D0, before me __~/~, fOie jC ~~~~, personally appeared MARTY GOLDSMITH, known ar identified to me (or proved to me on the oath °f ) to be the Managing Member of FARWEST, LLC, the limited liability company that executed the instrument ar the person who executed the instrument on behalf of said Iimited liability company, and acknowledged to me that such limited liability company executed the same. IN WITNESS WHEREOF, T have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ',`rr,rnrrury~r~, n ~l • ~~ Q~~ r ~~ ~d f~i *; ~.~ ~. pUsLl~' r ~' ~. ~' o ' .,~~q~,F op ~~~,~~~. NO ARY PUBLIC FOR I Residing at _ ~~ My Commission Expires ~~ MEivi~RAlVuUli~i ~~' AGREEPvEENT- 3 1 1/3Q/00 - ~ EXHIBIT A ~, _ _.. F3Ie Number: P188333 __ _ _ __ ' SCHEDULE C - - The Iapd referred to in this 'Commitner~t is described as follows: A PARCEL-OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 26, TOWNSHIP 4 NORTH, RANGE 1 WEST, BOISE, MERIDIAN, RECORDS OF ADA COUNTY, IOAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: $EGINNING AT THE EAST QUARTER GORN.ER OF SECTION 26, TOWNSHIP 4 NORTH, RANGE 1 WEST OF THE BOISE,•MERIDIAN,-AND RUNNING; THENCE -NORTH 88 DEGREES 30'32" WEST 2,815.94 FEET ALONG THE EAST-WEST CENTERLINE OF SAID ,SECTION TO THE CENTER QUARTER CORNER OF SAID SECTION; THENCE NORTI~ 0 DEGREE 15'57" EAST fi15.r4 FEET ALONG THE NORTH-SOUTH CENTERLINE OF SAID SECTION; THENCE SOUTH 89 ^EGREES 30'32" EAST 2,619.14 FEET TO THE EAST LINE OF SAID SECTION; THENCE SOUTH 0 DEGREE 33'48" WE5T 615.74 FEET ALONG SAID EAST LINE TO THE POINT OF BEGINNING. EXCEPT THAT PORTION LYING WITHIN CINDER ROAD RIGHT OF WAY., PAR~F~_R° A PARCEL OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 26, TOWNSHIP 4 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT THAT IS NORTH 0 pEGREE 33'46' EAST 615.74 FEET FROM EAST QUARTER CORNER OF SECTION 26, TOWNSHIP 4 NORTH, RANGE 1 WEST OF THE BOISE MERIDIAN AN^ RUNNING THENGE NORTi-I 89 DEGREES 30'32" WEST 2,619.14 FEET TO THE NORTH-SOUTH CENTERLINE OF SAID SECTION; THENCE SOUTH 0 DEGREE 15'57" WEST fi1S.74 FEET (SAID POINT BEING THE CENTER QUARTER CORNER OF SAID SECTION}; THENGE NORTH 89 DEGREES 30'32" WE5T-1,307.26 FEET ALONG THE EAST-WEST CENTERLINE OF SAiD SECTION; THENGE NORTH 0 DEGREE 07'42" EAST 1,240.87 FEET; THENCE NORTH 87 DEGREES 03'00" EAST 271.05 FEET; THENGE ' SOUTH 71 DEGREES 48`00" EAST 140.90 FEET; THENCE SOUTH 2O DEGREES 11'00" EAST 121.80 FEET; THENGE SOUTH 54 DEGREES 51'00" EAST 186.60 FEET; THENGE SOUTH B3 DEGREES 30'00" EAST 232.70 FEET; THENGE SOUTH 73 ^EGREES 34'00" EAST 489.78 FEET TO THE NORTH SOUTH CENTERLINE OF SAID SECTION; THENCE NORTH O DEGREE 1S'S7" E4ST 487.89 FEET; THENGE SOUTH 89 DEGREES 45'18" EAST 2,62?.82 FEET TO THE EAST LINE OF SAID SECTION; THENCE SOUTH O DEGREE 33'46" WEST 712.93 FEET ALONG SAID EAST LINE TO THE POINT OF BEGINNING. EXCEPT THAT PORTION LYING WITHIN CINDER ROAD RIGHT OF WAY. E~tD OF LEGAL DESGAIPTION E~~.. iH~~ 1 A ., .... .. - --- - -- - - ' ~ ,~••~ D1=SCR1PT1i7N FOR ~ ' • - MARTY GOLDSMITH • ~ BRANDT PROPERTY EtCEPTING STORAGE PARGl:L September 1 E, ;COG A parGSl of ?any being a portion o.` the SW '/, of Sactian 35, Townsivp ~ Ncrth, Range 1 West. Bolse ttarldian, Ada CoGnty, Idaho. mere parlcularly ~e5Crlbea as fo~laa~s: Cc:-~mercing at the aout,'nwast C©r,~rar Jf 5ectian 25, T. ""-i~., P., 1W., B.~+A., thence N ~°~S'2d` E 25.00 fCet along :he west IInY cf sold Secilon 25 to a point on the northerly right-uf--way extended o? Ytc"~1i11an Road; ' Tnence S 85'23'5; " E 25.:;1r feet aiony seta norther~y ngh:-cf-~.vay to the irstersaction with the easte:Iy ri5nt-cf-way of L:rzdar Read, :he REAL PdtN'F OF HEG[NtVING of :ft:s aesc-ict an; Tnence N d°2'24" ~ 973.5 ,'aei along said easterly right-cf--way to a Ynlnt: T:,ence S 99'25'33" c 155.00 fast to a ~clnl; thence :v ~°2~'2~" E ~20.C0 `eet to a pcirt cn :rs -crt ; lire c. ;he S'uV 'le of the S."! !; .•f said SFCLon 15; Thence S 89°25'33" °_ 320.00 Fret aicrg said nortt~'ine to a point; Trencs N 0'25'24" E 212.00 feet is a cc~nt; Tnence N a2'c5'.:3" W 475.00 feet tc a point on the easterly right-o`=~ntay of Linder Rcad; Tnence N 0'25'24" E 933 6' feet arorg said easterly right-of:,Tray to a paint; T'rpnce N 88°40'07" E 150.88 ir_ot to a rcint; 'i"hrnca N 0°13'37"'J'J 171, s 1 `set to a ro~ni on the north line of :he SW ~ of said Secticn Z~; Thence S E9°27`08" >= 2513.3 feet to tf-,e northeast c.:mzr ~f sale 5W'/,; Hence 5 0'32'3"" Ohl ' 32C.~8 :`eet tc :rte soatheasr car,~er a` the north `.! Cf said S'Jv'1.; 'f'ranca N 89°25'33' W 2C' 3.01 teat alcntl the saute fine efi laic north '/. to lhs northeast corner of the ~r~est l of the SV1~' % a! the 5W %. of 6QId Say::cn 25: T^s~^.ce S 0'27'` 1" ~^! 1294.:5 feet alcn~ ;he east li^e cf said Nee: ii of the SW'/, 4t :;~e 5Yd % to a ~nint ;,;~ lhs Rcr*.hary r.gh:-cf=~vay o; Mc4liilar Roac; i ~srce V g9'23';7" W ?45.7 feet alcrg said nortierly right-cf-tvay :e tF:a REAL PCINT 7F SEGihtNl .G of it .:s desc, pion. r ~s ca: cat c~^t3ins 95.??2 a~ es trots ;.t 'e~B,.a.;4 s ~ I~ ~, .g ~vtlC.`.SB. =. IVIL3tlt5. r~~_,. - 1,~~. .:yOR Vr ~~' t+' ~ V )3~9~excso: storage..es ~ `~ ~ ~ ~ ~ ~T o~ cod' r`{~4EL 5•~ subject to all exist ng easemer:!s arc -i5l:ts- ' rx»arr B