Kleiner DeedRecording Requested By and
When Recorded Return to:
City of Meridian, Idaho
City Attorney
33 East Broadway Avenue
Meridian, Idaho 83642
M
ADA COUNTY RECORDER Christopher D. Rich AMOUNT 40.00 11
BOISE IDAHO 05/11/2012 01:54 PM
DEPUTY Bonnie Oberbillig
RECO le ED -REQ ESTRecording 111111 IN 111111111 1111111111111111111
RECORDED -REQUEST OF
FIRST AMERICAN TITLE AND ESCRO 112044686
GIFT DEED
SPACE ABOVE THIS LINE FOR RECORDER'S USE ONLY
THIS GIFT DEED is made this day of \ � � , 2012, between
Eugene M. Kleiner, Michael E. Huter, Elden E. Gray and Michael B. Kleiner, as Co -Trustees of
The Julius M. Kleiner Memorial Park Trust, UTA Dated April 5, 2007, as amended, ("Grantor")
and the City of Meridian, a municipal corporation of the State of Idaho, whose pertinent mailing
address is 33 East Broadway Avenue, Meridian, Idaho 83642 ("Grantee").
Section 1. AS A GIFT TO GRANTEE, Grantor does hereby grant and convey to
Grantee, all of the real property situated in the County of Ada, State of Idaho, described on
Exhibit "A" attached hereto and by this reference made a part hereof ("Subject Property").
Together with all easements, water and water rights, and all other rights and
appurtenances thereto and all improvements located thereon, except for the building owned or
to be owned by the Meridian Area Senior Citizens Association, Inc., an Idaho non-profit
corporation, d/b/a Meridian Senior Center ("Senior Center").
SUBJECT TO all liens, easements, rights-of-way, restrictions, reservations, covenants
and all other items or matters of record or appearing on the Subject Property, including but not
limited to:
A. All taxes and assessments levied and assessed upon the Subject
Property for the year 2012 and each year thereafter; and
B. The terms, provisions and use restrictions set forth in that certain
Declaration of Restrictions which was dated July 31, 2008 and recorded on July 31, 2008 as
Instrument No. 108087271, records of Ada County, Idaho ("Declaration"); and
C. The use restrictions set forth in that certain Special Warranty Deed dated
July 29, 2008 executed by David E. Kleiner, as Trustee of The 2008 Kleiner Family Trust
U/T/D March 4, 2008 and recorded on July 31, 2008 as Instrument No. 108087270, records of
Ada County, Idaho ("Weiner Trust Deed").
GIFT DEED - 1
42340.0004.201 B 111.5
Recording Requested By and
When Recorded Return to:
City of Meridian, Idaho
City Attorney
33 East Broadway Avenue
Meridian, Idaho 83642
GIFT DEED
SPACE ABOVE THIS LINE FOR RECORDERS USE ONLY
THIS GIFT DEED is made this " day of 1 �(�%_, 2012, between
Eugene M. Kleiner, Michael E. Huter, Elden E. Gray and Michael B. Kleiner, as Co -Trustees of
The Julius M. Kleiner Memorial Park Trust, UTA Dated April 5, 2007, as amended, ("Grantor")
and the City of Meridian, a municipal corporation of the State of Idaho, whose pertinent mailing
address is 33 East Broadway Avenue, Meridian, Idaho 83642 ("Grantee").
Section 1. AS A GIFT TO GRANTEE, Grantor does hereby grant and convey to
Grantee, all of the real property situated in the County of Ada, State of Idaho, described on
Exhibit "A" attached hereto and by this reference made a part hereof ("Subject Property").
Together with all easements, water and water rights, and all other rights and
appurtenances thereto and all improvements located thereon, except for the building owned or
to be owned by the Meridian Area Senior Citizens Association, Inc., an Idaho non-profit
corporation, d/b/a Meridian Senior Center ("Senior Center").
SUBJECT TO all liens, easements, rights-of-way, restrictions, reservations, covenants
and all other items or matters of record or appearing on the Subject Property, including but not
limited to:
A. All taxes and assessments levied and assessed upon the Subject
Property for the year 2012 and each year thereafter; and
B. The terms, provisions and use restrictions set forth in that certain
Declaration of Restrictions which was dated July 31, 2008 and recorded on July 31, 2008 as
Instrument No. 108087271, records of Ada County, Idaho ("Declaration"); and
C. The use restrictions set forth in that certain Special Warranty Deed dated
July 29, 2008 executed by David E. Kleiner, as Trustee of The 2008 Kleiner Family Trust
U/T/D March 4, 2008 and recorded on July 31, 2008 as Instrument No. 108087270, records of
Ada County, Idaho ("Kleiner Trust Deed").
GIFT DEED - 1
42340.0004.2018111.5
TO HAVE AND TO HOLD the Subject Property unto Grantee so long as Grantee shall
comply with the following conditions:
(i) The Subject Property is to be set apart, dedicated, treated and
maintained by Grantee exclusively as a public park for the benefit of the general public.
(ii) The public park located, maintained and operated upon the
Subject Property shall at all times be identified, known and referred to by the Grantee as the
"Julius M. Kleiner Memorial Park" ('Park").
(iii) The Subject Property, or any part of the Subject Property, shall
never be transferred, sold, or conveyed by the Grantee nor shall Grantee create or permit any
lien or encumbrance to attach to the Subject Property, except for easements for utilities serving
the Subject Property and ad valorem taxes levied and assessed upon the Subject Property, if
any.
(iv) Grantee shall provide sufficient funds for the proper maintenance
and operation of the Park.
(v) Grantee shall provide for the maintenance of the Park grounds
and facilities at an appropriate level to maintain the aesthetic condition of the grounds, ponds,
landscaping and facilities in a "like new" condition similar to their condition as of the date of this
Gift Deed, reasonable wear and tear excepted.
(vi) Grantee shall provide for the maintenance of all mature and
maturing trees, shrubs and plants placed in the Park in an appropriate manner to preserve the
health, appearance and beauty of such trees, shrubs and plants. Grantee shall promptly
remove and replace any of such trees, shrubs and plants, as necessary.
(vii) Grantee shall provide for the maintenance of the statue of Julius
M. Kleiner placed in the Park at an appropriate level to maintain a 'like new" condition similar to
their condition as of the date of this Gift Deed with the exception of any naturally occurring
patina and shall follow the maintenance guidelines as provided and/or recommended by the
sculptor of the statue.
(viii) Grantee shall provide for the maintenance of all artwork of the
Park, including historical displays and the obelisks, at a appropriate level to maintain a `like
new" condition similar to their condition as of the date of this Gift Deed with the exception of any
naturally occurring patina on the obelisks and shall follow the maintenance guidelines as
provided or recommended by the artist(s) of the obelisks.
Section 2. To ensure that the Subject Property will be used and operated in full
compliance with this Gift Deed, the Declaration, and the Kleiner Trust Deed, it shall be a
condition of this conveyance that at any time in the future should the Subject Property or any
part thereof not be used in full compliance with this Gift Deed, the Declaration, or the Kleiner
Trust Deed or Grantee shall fail, refuse or neglect in any respect to comply with its duties and
obligations set forth herein or therein, Grantee shall be divested of the title to the Subject
Property and in such event the title thereto shall automatically, and without the necessity of any
GIFT DEED - 2
42340.0004.2018111.5
conveyance, pass to and become vested in Grantor or another exempt organization qualified as
a 501(c)(3) non-profit organization under the Internal Revenue Code of the United States or
another organization or entity designated by the then incumbent Governor of the State of Idaho,
which will operate and maintain the Park in compliance with the terms and provisions of this Gift
Deed.
In the event Grantee is in default of this Gift Deed and fails to cure the default within
thirty (30) days from its receipt of written notice from either Grantor, if it is then in existence, or
the then incumbent Governor of the State of Idaho, specifying the particulars of Grantee's
default, either Grantor, if it is then in existence, or the then incumbent Governor of the State of
Idaho, shall have the right to pursue all remedies provided to it by law, statute or in equity,
including but not limited to divesture of title as provided above. Notwithstanding anything to the
contrary stated above, if the nature of the default is such that it cannot be cured within said thirty
(30) day period, Grantee shall not be deemed to be in default if it commences to cure the default
within such thirty (30) day period and thereafter diligently pursues the cure to completion. The
provisions of this Section 2 may be enforced by Grantor, if it is then in existence, or the then
incumbent Governor of the State of Idaho.
The fact that Grantee has ceased to use and operate the Subject Property in
accordance with the terms and provisions of this Gift Deed may be established of record by
either a certified copy of a resolution by Grantor of that fact or a determination thereof by a court
of competent jurisdiction of the State of Idaho.
Section 3. By the recordation of this Gift Deed, Grantee shall be deemed to have
accepted and agreed to comply with the terms and provisions of this Gift Deed and to hold the
Subject Property subject to full performance by it of the terms and provisions of this Gift Deed.
IN WITNESS WHEREOF, this Gift Deed has been duly executed by Grantor the day and
year herein first above written.
[Signatures on Following Pages]
GIFT DEED - 3
42340.0004.2018111.5
IN WITNESS WHEREOF, this Gift Deed has been duly executed by Grantor the day and
year herein first above written.
THE JULIUS M. KLEINER MEMORIAL PARK
TRUST, UTD DATED APRIL 5, 2007
STATE OF WASHINGTON )
) ss.
County of King )
On this JA) -N day of m a 1 2012, before me,
Day.;e\ L- Lena a1 , a Notary Public in an or 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.
GIFT DEED - 4
42340.0004.2018111.5
L L4"y i,�
Notary Public for Washington
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Residing at Kin
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GIFT DEED - 4
42340.0004.2018111.5
IN WITNESS WHEREOF, this Gift Deed has been duly executed by Grantor the day and
year herein first above written.
THE JULIUS M. KLEINER MEMORIAL PARK
TRUST, UTD DATED APRIL 5, 2007
By. k '�— - (1'±–e'1—
Michael
' –e'1Michael E. Huter, Co -Trustee
STATE OF IDAHO )
) ss.
County of Canyon )
On this L day of M 01�1 2012, before me,
Wi,"CUA L. L.6jA rr ,(�.c c , a Notary Public in and fo aid State, personally appeared
Michael E. uter, 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.
W' Notary Public r Idaho
.,
A. , Rc°,� " Residing at 11 M
�4��OTARr n�= My commission expires (7
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GIFT DEED - 5
42340.0004.2018111.5
IN WITNESS WHEREOF, this Gift Deed has been duly executed by Grantor the day and
year herein first above written.
THE JULIUS M. KLEINER MEMORIAL PARK
TRUST, UTD DATED APRIL 5, 2007
By.
Elden E. Gray, Co -Trustee
STATE OF IDAHO )
ss.
County of Ada )
On this _cl-t— day of2012, before me,
M.*A.c&LLC L, Vu-a-vc_cs , a Notary Public in eat for said State, personally appeared
Elden E. Gray, 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.
o ary hublic for IdMo
Residing at "C0 ID
My commission expires 3/y/LUIS
GIFT DEED - 6
42340.0004.2018111.5
IN WITNESS WHEREOF, this Gift Deed has been duly executed by Grantor the day and
year herein first above written.
THE JULIUS M. KLEINER MEMORIAL PARK
TRUST, UTD DATED APRIL 5, 2007
By: /&bL 4A
Michael B. Kleiner, Co -Trustee
STATE OF WASHINGTON )
) ss.
County of King )
On this % 4r day of MtA 2012, before me,
'0arvt 2\ L. Ury A , a Notary Public in A for said State, personally appeared
Michael B. 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.
GIFT DEED - 7
42340.0004.2018111.5
SIONffo�.9'Q'�i
Notary Public for Washington
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Residing at V-inrA CCLrn) ton
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My commission exp es 1011,201LA
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GIFT DEED - 7
42340.0004.2018111.5
CONSENT
The undersigned Grantee hereby agrees to the terms and provisions of this Gift Deed.
Dated this 04 day of —J)004 2012.
ATTEST:
City
STATE OF IDAHO
County of Ada
)
) ss.
City of Meridian, a municipal corporation of the
State of Idaho
By:�yy�
Tammy de WMayor
3`D�D�ATHDA CUsf'l9
City of
IDAHO
On nthis day of 2012, before me,
01 i'(k �I l �6 1 9z�, u , a Notary Publid in and for said State, personally
appeared Tammy de Weerd and Jaycee L. Holman, known or identified to me to be the Mayor
and the City Clerk, respectively, of the City of Meridian, and the persons who executed the
Instrument on behalf of said City, and acknowledged to me that such City 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 Pub' or Idaho
Residing at ---)f 9 be —J�) f )
My commission expires 3 -a 3-1 C�
GIFT DEED -8",;.r` ,,,,;,cu"oo
42340.0004.2018111.6
EXHIBIT "A"
PARCEL 1
LOT 12 IN BLOCK 25 OF REDFEATHER ESTATES SUBDIVISION NO. 7, ACCORDING TO THE PLAT
THEREOF, FILED IN BOOK 96 OF PLATS AT PAGES 11665 THROUGH 11866, RECORDS OF ADA
COUNTY, IDAHO.
EXCEPT:
A PARCEL OF LAND BEING A PORTION OF LOT 12 IN BLOCK 25 OF REDFFATHER ESTATES
SUBDIVISION NO. 7, BOOK 96 OF PLATS AT PAGES 11865 AND 11866, RECORDS OF ADA
COUNTY, SITUATED IN THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF
SECTION 4, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO,
AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE CENTER
QUARTER -SECTION CORNER OF SECTION 4, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE
MERIDIAN, WITNESSED BY A 5/8 INCH REBAR WHICH BEARS N 000 IT 43" E, 2.00 FEET
THENCE S 890 50'47" W, 510.26 FEET ALONG THE SOUTH LINE OF REDFEATHER ESTATES
SUBDIVISION NO. 6, BOOK 96 OF PLATS AT PAGES 11818 AND 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 SOUTHEAST CORNER OF REDFEATHER ESTATES SUBDIVISION NO.
7; THENCE CONTINUING S 890 50'47" W, 820.42 FEET ALONG THE SOUTH LINE OF
REDFEATHER ESTATES SUBDIVISION NO. 7 TO A 5/8 INCH REBAR MARKING THE SOUTHWEST
CORNER OF REDFEATHER ESTATES SUBDIVISION NO. 7 AND THE NORTHWEST CORNER OF
THE EAST HALF OF THE SOUTHWEST QUARTER; THENCE N 000 16' 56" E, 157.17 FEET ALONG
THE WEST LINE OF REDFEATHER ESTATES NO. 7 TO THE POINT OF BEGINNING; THENCE
CONTINUING N 000 16' 56" E, 81.00 FEET ALONG THE WEST LINE OF REDFEATHER ESTATES
SUBDIVISION NO. 7 TO 1/2 INCH REBAR MARKING THE NORTH LINE OF LOT 12 IN BLOCK 25
OF REDFEATHER ESTATES SUBDMSION NO. 7 AND THE SOUTH RIGHT-OF-WAY LINE OF EAST
TAHITI DRIVE; THENCE S 890 45' 18" E, 56.77 FEET ALONG THE NORTH LINE OF LOT 12 IN
BLOCK 25 OF REDFEATHER ESTATES SUBDIVISION NO. 7 AND THE SOUTH RIGHT-OF-WAY
LINE OF EAST TAHITI DRIVE TO A 1/2 INCH REBAR; THENCE 83.15 FEET ON A CURVE TO THE
RIGHT HAVING A RADIUS OF 575.00 FEET, A CENTRAL ANGLE OF 80 1709", A CHORD
BEARING OF S 850 36'44" E, AND A CHORD LENGTH OF 83.08 FEET, ALONG THE NORTH LINE
OF LOT 12 IN BLOCK 25 OF REDFEATHER ESTATES NO. 7 AND THE SOUTH RIGHT-OF-WAY
LINE OF EAST TAHITI DRIVE TO A 1/2 INCH REBAR; THENCE S 810 28'09" E, 74.33 FEET
ALONG THE NORTH LINE OF LOT 12 IN BLOCK 25 OF REDFEATHER ESTATES SUBDIVISION NO.
7 AND THE SOUTH RIGHT-OF-WAY LINE OF EASTTAHFTI DRIVE TO A 5/8 INCH REBAR;
THENCE S 140 11' 41" W, 107.99 FEET ALONG THE EAST LINE OF LOT 12 IN BLOCK 25 OF
REDFEATHER ESTATES SUBDIVISION NO. 7 TO A 5/8 INCH REBAR AT THE SOUTHWEST-
CORNER
OUTHWESTCORNER OF LOT 11 IN BLOCK 25 OF REDFEATHER ESTATES NO. 7; THENCE N 770 32' 27" W,
191.54 FEET TO THE POINT OF BEGINNING.
GIFT DEED - 9
Page 1 of 3
42340.0004.2018111.5
GIFT DEED - 10
PARCEL 2:
A parcel of land situated in the Southwest Quarter and the West half of the Southwest Quarter of
the Southeast Quarter of Section 4, Township 3 North, Range 1 East, Boise Meridian, Ada
County, Idaho, being more particularly described as follows:
Commencing at a brass cap marking the southwest corner of Section 4, Township 3 North, Range
1 East, Boise Meridian;
Thence S89046'17"E, 2659.51 feet along the south line of the southwest quarter to a 5/8 Inch
rebar marking the south quarter -section corner of Section 4;
Thence S8904639"E, 664.61 feet along the south line of the southeast quarter;
Thence N00013'21"E, 57.74 feet to a 5/8 inch rebar marking the southwest corner of Venture
Subdivision, Book 27 of Plats at Page 1704 and 1705, records of Ada County, on the north right-
of-way line of East Fairview Avenue;
Thence N0000425"E, 741.97 feet along the west line of Venture Subdivision to the POINT OF
BEGINNING:
Thence N8905929"W, 1365.18 feet;
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 13014'13", a chord bearing of N38003'12'W, and a chord length of
117.95 feet;
Thence N44040'18"W, 649.89 feet;
Thence 398.07 feet on a curve to the right having a radius of 488.33 feet, a central angle of
46042'29', a chord bearing of N21°19'08"W, and a chord length of 387.14 feet;
Thence NO2002'02"E, 720.47 feet;
thence 16.85 feet on a curve to the left having a radius of 511.67 feet, a central angle of
1053'12", a chord bearing of N01005'26"E, and a chord length of 16.85 feet;
Thence N00008'50"E, 182.63 feet to the north line of the west half of the southwest quarter;
Thence N89°51'01"E, 20.33 feet along the North line of the West half of the Southwest Quarter
to a 5/8 inch rebar marking the Southwest corner of Redfeather Estates Subdivision No. 7, Book
96 of Plats at Pages 11865 and 11866, records of Ada Count, and the Northwest corner of the
East half of the Southwest Quarter;
Thence N89050'47"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 and
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 corner;
Thence S00010'49"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
Page 1524 and 1525, records of Ada County,
Thence N8905834"E, 662.97 feet along the south line of Clover Meadows Subdivision No. 3 to a
1/2 Inch rebar marking the northwest corner of Venture Subdivision, Book 27 of Plats at Page
1704 and 1705;
Thence S00004'25"W, 524.56 feet along the west line of Venture Subdivision to the POINT OF
BEGINNING.
Page 2 of 3
42340.0004.2018111.5
GIFT DEED - 11
LESS AND EXCEPTING THEREFROM that portion of said property deeded to Ada County Highway
District by Warranty Deed recorded June 29, 2011, as Instrument No. 111052322 and re-
recorded July 28, 2011, as Instrument No. 111060552, re -re-recorded August 11, 2011, as
Instrument No. 111064846, Records of Ada County, Idaho.
FURTHER LESS AND EXCEPTING THEREFROM that portion of said property deed to Ada County
Highway District by Warranty Deed recorded July 14, 2011, as Instrument No. 111056353,
Records of Ada County, Idaho.
FURTHER LESS AND EXCEPTING THEREFROM that portion of said property deed to Ada County
Highway District by Warranty Deed recorded January 25, 2012, as Instrument No. 112007196,
Records of Ada County, Idaho.
APN: R7366290332 (AFFECTS PARCEL 1); 51104314807 (WESTERLY PORTION OF PARCEL 2);
SI 104438625 (EASTERLY PORTION OF PARCEL 2)
Page 3 of 3
42340.0004.2018111.5