Kleiner Declaration of Restrictions., •sy9$11—s
Recording Requested By and
When Recorded Return to:
Richard D. Herndon
Griffin Fletcher & Herndon LLP
3500 Red Bank Road
Cincinnati, Ohio 45227
513/421-1313
ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT 39.00 13
BOISE IDAHO 07=00 01:46 PM
DEPUTY Danielle BOUlette l!I 1lltitlt�llll�litl111�ll�lilltlll4l
RECORDED -REOUEST Of 108087271
First American
SPACE ABOVE THIS C.ME FOR RECORDER'S USE ONLY
DECLARATION OF RESTRICTIONS
{ 17HIS DECLARATION OF RESTRICTIONS ("Declaration') is entered into this31 s day
of July, 2008 by EUGENE M. KLEINER AND MICHAEL E. HUTER, CO -TRUSTEES of
THE JULIUS M. KLEINER MEMORIAL PARK TRUST, UTA DATED APRIL .5, 2007
t ("Declarant") under the following circumstances:
i
A. Pursuant to various agreements, including without limitation, an agreement
ibetween Declarant and Meridian CenterCal, L.L.C., a Delaware limited liability company
("CenterCal"), Declarant is the sole owner of the real property described in Exhibit A attached
hereto and made a part hereof (the "Park Parcel") and Center -Cal is the sole owner of the real
property described in Exhibit B attached hereto and made a part hereof (the "CenterCal Parcel").
B. As part of the consideration for various transfers between Declarant and
CenterCal, Declarant has agreed to impose certain use restrictions against the Park Parcel for the
benefit of the CenterCal Parcel as contained herein.
NOW, THEREFORE, in consideration of the above premises and for other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged by
i Declarant, Declarant hereby declares and covenants as follows:
1. The Park Parcel shall be- held, sold, transferred, encumbered, leased, used,
occupied and improved subject to the terms of this Declaration.. The Park Parcel shall be used
� P P
solely as a public park for public recreational purposes, which uses may include, but are not
limited to, a caretaker's house, a non-commercial fitness center, swimming pool, aquarium,
sports complex which may include but is not limited to soccer, football, lacrosse, baseball and
softball fields, senior center, community center, outdoor concerts, and/or library (all of which
DECLARATION OF RESTRICTIONS - 1
42340.0002,1199990..4
s,3
shall be allowed to charge nominal user fees which will allow the City of Meridian, Idaho or any
other governmental agency operating such facilities to recover its operating costs as permitted by
Idaho law and sell or provide to the public, using such facilities, refreshments, snacks and
meals), seasonal concession stands selling or renting, as the case may be, those products
generally sold or rented in public parks, including but not limited to soft drinks, candy, hot dogs,
snow cones, ice cream, popcorn and bike, kite and skate rentals and other similar non-
commercial community uses. No indoor or outdoor movie screens on the Park Parcel shall be
used to show commercial contemporary movies and no ice skating rink shall be operated on the
Park Parcel without CenterCal's or its successor's or assigns, prior written consent, which
consent may be withheld in CenterCal's sole and, absolute discretion. No portion of the Park
f Parcel shall be used for any residential, private commercial or retail uses, except for the above-
described ancillary uses in connection with public recreational purposes..
2.- The restrictions and covenants contained herein shall be construed as covenants
running with the land and shall be binding upon all persons with any right, title and/or interest in
the Park Parcel, and shall be a benefit appurtenant to the CenterCal Parcel and any and all real
property located adjacent to or nearby the CenterCal Parcel which is or may be owned by
CenterCal or any of its affiliates.
3. Declarant acknowledges that the restrictions contained herein are a material part
of the consideration for CenterCal completing certain real estate transactions with Declarant,
i and, in the event of breach or threatened violation of the restrictions contained herein, CenterCal
shall be entitled to institute proceedings for full and adequate relief from the consequences of
said breach or threatened breach, by pursuing any and all legal and equitable remedies available
as a result of such breach or threatened breach. Declarant specifically acknowledges that
damages may not be an adequate remedy for CenterCal in the event of a violation of the
I restrictions contained herein, and agrees that C.enterCaI may seek temporary and permanent
injunctions, specific performance and any other equitable remedies available to enforce these
restrictions.
4. Declarant shall be responsible for paying the reasonable legal fees and expenses
incurred by CenterCal or any of its successors and assigns in enforcing the restrictions contained
herein immediately upon demand by CenterCal. In addition, each owner, by accepting a deed to
any portion of the Park Parcel, agrees that in the event CenterCal, its successors and assigns files
suit to enforce this Declaration, CenterCal, its successors and assigns, shall have the right to
recoup from such owner all expenses incurred in the enforcement action, including, but not
limited to, attorneys' fees and costs, both as to the original action and any appeals.
5. This Declaration and the restrictions contained herein shall be binding upon
Declarant, its beneficiaries and their respective heirs, representatives, successors and assigns, and
shall inure to the benefit of and be enforceable by CenterCal or any of its successors and assigns.
In addition to the CenterCal Parcel described in Exhibit B. CenterCal shall have the right from
time to time, to add additional adjacent and nearby real property to the definition of the
DECLARATION OF RESTRICTIONS - 2
42340 0002..1199990.4
CenterCal Parcel as it or its affiliates acquire such real property, in which event all such
additional real property shall benefit from the restrictions contained herein.
6. It is understood and 'agreed that this Declaration (including exhibits) may be
modified or canceled only by the then owner of the Centex -Cal Parcel.
7. Unless otherwise canceled or terminated, all of the restrictions created as
contemplated by this Declaration shall continue in perpetuity..
8. No waiver of any provision hereof or of any violation of any of the restrictions
contained herein shall be deemed to imply or constitute a further waiver thereof, any other
provision set forth herein or of any other violation of any of the restrictions contained herein.
9. Should any provision hereof be declared invalid by a legislative, administrative or
judicial body of competent jurisdiction, the other provisions hereof shall remain in full force and
effect and shall be unaffected by same and shall be enforceable to the fullest extent permitted by
law.
10. This Declaration shall be governed by and construed in accordance with the laws
of the State of Idaho.
[end of text7
DECLARATION OF RESTRICTIONS - 3
42340, 0002.,19 99990.4
I
D
Executed as of this _Zday of July 2008.
M. KL E CO
, -TRU EE
OF THE JULIUS M. KLEINER
MEMORIAL PARK TRUST, UTA
DATED APRIL 5, 2007
MICHAEL E. HUTER, CO -TRUSTEE
OF THE JULIUS M. KLEINER
MEMORIAL PARK TRUST, UTA
DATED APRIL 5, 2007
STATE OF WASHINGTON)
) ss.
County of King )
On this day of July, 2008, before me,. Aa GO J1L't' 1t45b , a
Notary Public in and for said State, personally appeared Eugene M. Kleiner, known or identified
to me to be the person whose name is subscribed to the within instrument as Co -Trustee of The
Julius M. Kleiner Memorial Park Trust, UTA Dated April 5, 2007, and acknowledged to me that
he executed the same as such Co -Trustee.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year in this certificate first above written.
FNOTARY
�+lliTtilOki�ESCy PUBLICA5113NGTORyON EXPIRES 28, 2009
DECLARATION OF RESTRICTIONS - 4
(r- f Y� - W- A-�U-
Notary Pub lr r Kington
Residing at
My commission expires°d
42340,0002,119"90.4
STATE OF IDAHO )
ss.
County of Ada )
On this 3�_day of July, 2008, before me, a
Notary Public in and for said State, personally appeared Michael E. I•Huter, known or identified to
me to be the person whose name is subscribed to the within instrument as Co -Trustee of The
Julius M.'Kleiner Memorial "Park Trust, UTA Dated April 5, 2001, and acknowledged to me that
he executed the same as such Co -Trustee.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year in this certificate first above written.
't%
."0
ieIN
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0.
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DECLARATION OF RESTRICTIONS - 5
42340, 0002.1199 990.4
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Exhibit A
L
D E S I G N I N C.
Boundary Description
of New Parcel 2
for Meridian Centercal, LLC
Job No. 6077070.00
A parcel of land situated yin the southwest quarter and the west half of the southwest quarter
of the southeast quarter of Section 4, Township 3 North, Range I East, Boise Meridian,' Ada
County, Idaho, being more particularly described as foll6ws:
Commencing at a brass cap marking the southwest corner of Section 4, Township 3 North,
LAND
Range 1 East, Boise Meridian;
"""'"`
Thence S8946'1 7"E, 2659..51 felt along the south line of the southwest quarter to a 5/8 inch
rebar marking the south gt.;arter-section corner of Section 4;,
Thence S89°46'39"E, 664.61 feet along,the south line of the'southeast quarter;
Thence N00°13'21 "E, 57.74 feet to a 5/8 inch rebar marking the southwest corner of Venture
Subdivision, Book 27 of Plats at Pages 1704 & I705, records of Ada County, on the north
CIVIL
ENGINEERING
right-of-way line of East Fairview Avenue;
Thence N00°04'25"E, 741.97 feet along the west line of Venture Subdivision to the POINT
OF BEGINNING:
Thence N89°59'29"W, 1365.18 feet;
_
L.AN OSCArt
ARCHITECTURE
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Thence 118.21 feet on a non -tangent curve to the left, concave westerly, having a
radius of 511.67 feet, a central angle of 13°14' 13", a chord bearing of N38°0.3' 12"W,
and a chord length of 117.95 feet;
� !
Thence N44°401$"W, 649.89 feet;
LAND
Su RYey
Thence 398..07 feet on a curve to the right having a radius of 488.33 feet, a central
angle of 46°42'20", a chord bearing of 1421'19'08"W, and a chord length of 387.14
feet;
IVAYI:
Thence NO2°02'02"E, 720.47'feet;
Thence 16,85 feet on a curve to the left having a radius of 511.67 feet, a central angle
d
of 1 53'12". a chord bearing of N01 °05'26"E, and a chord length of 16..85 feet;
feet line half the
Thence N00°08'50"E, 182.63 to the north of the west of southwest
Of
c�4EL
quarter;
S.
Thence N89°51'01'Tl✓, 20.33 feet along the north line of the west half of the
1173 East Winding Creek nave
southwest quarter to a 518 inch rebar marking the southwest corner of Redfeather
Eagle, ID
83616
Estates Subdivision No. 7, Book 96 of Plats at Pages 11865 & 11866, records of Ada
County, and the northwest corner of the east half of the southwest quarter,
PH 208/246 8300
PX 208/246.8320
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Page 1 of 2
New Parcel 2 continued...
Thence N89°50'47"E, 1330.68 feet along the south line of Redfeather Estates
Subdivision No. 7, the south line of Redfeather Estates Subdivision No. 6, Book 96
of Plats at - Pages 11818 & 11819, records of Ada County, and the north line of the
east half of the southwest quarter to a 5/8 inch rebar marking the center quarter -
section comer,
Thence 800010'49"W, 1314.73 feet along the east line of the southwest quarter to a
1/2 inch rebar marking the southwest corner of Clover Meadows Subdivision No. 3,
Book 24 of Plats at Pages 1524 & 1525, records of Ada County;
Thence N89°58:34"E, 662.97 feet along the south line of Clover Meadows
Subdivision No. 3 to a 1/2 inch rebar marking the northwest comer of Venture
Subdivision, Book 27 of Plats at Pages 1704 & 170%
Theitce SQO°04'2'5"W, 524.56 feet along the west line of na
Venrd Subdivision to the
POINT OF BEGINNING.'
The above-described parcel contains 60.00 acres, more or less.
Subject to any existing easements or rights-of-way of record or apparent.
Red Feather Estafes No.2 SubdWrsfon
r N89'S 3t,` 662.97
Parcel 2
60.00 Acres t r
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New Parcel 2 Exhibit
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6077070.00
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New Parcel 2 Exhibit
Project No.
6077070.00
07/0110$
o -s t o N t N a.Datei
Meridian Town Center
BT:
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Scale:
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Sheet No.
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Exhibit B
b E S I G N - i N C.
Boundary Description
of New Parcel In
' for Meridian Centercal, LLC
Job No. 6077070.00
A parcel of land situated in the southwest quarter of Section 4, Township 3 North, Range 1
East, Boise Meridian, Ada County, Idaho, being more particularly described as follows:
j
Commencing at a brass cap marking the southwest corner of Section 4, Township 3 North,
Range T East, Boise Meridian; .
! LAMoNG
Thence N00'10'437B, 2618.49 feet along the west line of the southwest quarter to it brass
.
cap marking the west quarter -section corner of Section 4;
Thence N89'51' 0.1''E, 70.00 feet along the north line of the southwest quarter to a brass cap
on the east right of -way line of North Eagle Road, the POINT OF BEGINNING:
Thence N89°51'01"E, 1237.95 feet along the north line of the west half.,of the
CIVIL
E Na. Na4AINa
southwest quarter of Section 4;
Thence S00°08'50"W, 182.63 feet;
Thence 16.85 feet on a curve to the right, having a radius of 511.67 feet, a central
1i1NDSCAPE
angle of 1'53'12", a chord bearing of S01'05'26"W, and a chord length of 16.85
ARCHIT%C•rURC
-
feet;
Thence S02102'02"W, 720.47 feet;
Thence 381.38 feet on a curve.to the left, having a radius of 488.33 feet, a central
L.ANa
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angle of 44°44'49", a chord bearing of S20°20.22"E, and a chord length of 371.76
feet;
!
Thence N89'49' 17"W, 1344.74 feet to the east right-of-way line of North Eagle
Road;
t'
r Thence N00°10'43"E, 1260.65 feet along -the east right-of-way line of North Eagle
d
Road to the POINT OF BEGINNING.
The above-described parcel contains 35.8.5 acres, more or less.
4
Subject to any existing easements or, rights of -way of record or apparent.
AE
1173 East Winding Cleek Drive
j Eagle, ID
'
! 83518
I PH 208/246 6300
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a E S I G N i N C.
Boundary Description
of New Parcel 1b
for Meridian Centercal, LLC
Job No. 6077070.00
A parcel of land situated in'the southwest quarter of Section 4, Township 3*North, Range I
East, Boise Meridian, Ada County, Idaho, being more particularly describeq as follows:
Commencizig at a brass cap marking the southwest sorrier of Section 4, Township 3 North,
Range 1 East, Boise Meridian;
Thence S 89°46' 1 TT, 2023.25 feet along the south' line of the southwest quarter;
Thence N00013'43"E, 52.81 feet fo the north right -of -'way line of East Fairview Avenue, the
POINT OF BEGINNING:
Thence N89°59'29"W, 777.49 feet along the north right-of-way line of East Fairview
Avenue to a 5/8 inch rebar;
Thence S00°00'31 "W, 5.00 feet along the north right-of-way line of East Fairview
Avenue to a 5/8 inch rebar;
Thence N89°59'29"W'63 1.00 feet along,the north right-of-way line of East Fairview
Avenue to a 5/8 inch rebar;
Thence N00°00'31 "E, 10.00 feet along the north right-of-way line of East Fairview
Avenue to a 5/8 inch rebar,
Thence N89°59'29"W, 85.91 feet along the north right-of-way line of East Fairview
Avenue to a 5/8 inch rebar;
Thence N8501 8'52"W, 122.54 feet along the north right-of-way Iine of East Fairview
Avenue to a 578 inch rebar;
Thence N89059'29"W, 217.51 feet along the north right-of-way line of East Fairview
Avenue to a 5/8 inch rebar;
Thence N57°25'03"W, 129.24 feet along the north right-of-way line of East Fairview
Avenue to a brass cap on the east right -of --way line of North Eagle Road;
Thence N00°10'43"E, 557.35 feet along the east right-of-way line of North Eagle
Road to a Brass cap;
Thence NO2"05'43"W, 250.20 feet along the east right-of-way tine of North Eagle
Road to a brass cap;
Page I of 2
New Parcel 1 b continued...
Thence N00'1 0'43"E, 272.29 feet along the east right-of-way line of North Eagle
Road to a 5/8 inch rebar on the south line of the north half of the west half of the
southwest quarter;
Thence N00'10'43"E, 48.74 f€et along the east right-of-way line of North Eagle
Road;.
Thence S89°49' 17"E, 1344.14 feet;
Thence 16.69 feet on a non -tangent curve to the left, concave easterly, having -a
radius of 48833 feet, a central angle of 157'31 ", a chord bearing of S4304 1'33"F.,
and a chord length of 16.69 feet;
Thence S44°40' 18"E, 649.89 feet;
Thence 118.2I feet on a curve to the right, having a radius of 511.67 feet, a central
angle of 13014'13", a chord bearing of S38°03' 12"E, and a chord length of 117.0
feet;
Thence N89'59'29"W, 13.73 feet;
Thence 281.5$ feet on a non= tangent curve to the right, concave westerly, having a
radius of 500..00 feet, a central angle of 3295'58", a chord bearing of SI 6'07'22"E,
and a chord length of 277.87 feet;
Thence S00°00'37"W, 475.04 feet to the POINT OF BEGINNING.
The above-described parcel contains 53.94 acres, more or less:
Subject to any existing easements or rights-of-way of record or apparent.
Page. 2 of 2 0 E s l s N I N C.
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Project No.
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Meridian :Town Center
ante:
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