Correction Deed Messina Meadows Subdivision No 1 for Park Site - Tuscany Development Incm{
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After Recording
Return to:
Michael T. Spink
Spink Butler, LLP
P.O. Box 639
Boise, ID 83701
ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT 1200 q
BOISE IDAHO 11/20/08 04:52 PM
DEPUTY Bonnie Oberbilli0
RECORDED"REQUEST OF III 1lIIlI!lII11Illl!!lIIIlNII!!I 111
Lawyers Tllle 108126016
FOR RECORDING INFORMATION
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CORRECTION DEED OF GIFT
This instrument is given to correct the Legal Description in that certain Deed of
Gift dated December 29, 2006 and recorded on December 29, 2006 in the official
records of Ada County, Idaho, as Instrument No. 106201582.
THIS DEED OF GIFT is made effective the 29`" day of December, 2006, between
Tuscany Development, Inc., an Idaho corporation ("Grantor"), and City of Meridian, a political
subdivision of the State of Idaho whose current address is 33 East Idaho, Meridian, Idaho 83642
("Grantee").
WITNESSETH:
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, the "Property'), to be used as a public park ("Park");
TOGETHER with all and singular the tenements, hereditaments and appurtenances
thereunto belonging or in anywise appertaining.
Section 1. Exce fiu ions.
This conveyance by Grantor to Grantee is made subject to the following exceptions:
All taxes and assessments levied against the Property, including liens and
assessments of any irrigation district ("Taxes") for the year in which the
conveyance is made shall be prorated between Grantor and Grantee as of the date
of this Deed of Gift. Taxes levied and assessed for the prior year shall be paid by
Grantor.
2. Easements and rights-of-way for roads, ditches, utilities and other purposes and
uses, which easements and rights-of-way are of record or visible upon a physical
inspection of the Property.
3. Exceptions, reservations, terms, covenants and conditions of record; provided,
however, that Grantee shall not be subject to the Declaration of Covenants,
Conditions and Restrictions for Messina Meadows Subdivision No. 1, recorded in
CORRECTION DEED OF GIFT — I
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the records of Ada County, Idaho; and further, Grantee shall not be a member of
the Tuscany Homeowners' Association, Inc., or any successor association, nor
subject to assessments thereof
Section 2. Conditions of Conveyance.
TO HAVE AND TO HOLD the Property unto Grantee subject to the following express
conditions and covenants which are accepted and agreed to by Grantee (collectively, "Grantee's
Covenants"):
1. Grantee covenants and agrees to use the Property to provide community open
space and recreation facilities for the citizens of the City of Meridian. All
maintenance of the Property shall be undertaken by Grantee, and Grantee shall
maintain the Property and all fixtures and equipment in satisfactory park -like
condition.
2. Without the prior written consent of Grantor, which consent shall be within the
sole and exclusive discretion of Grantor, at no time and under no circumstances
shall the Property, or any portion thereof, or the park to be constructed thereon, be
utilized for any residential, commercial, industrial or use other than the use of the
Property as a Park.
Section 3. Term of Grantee Covenants -- Succession.
The term of Grantee's Covenants shall commence on the date of recordation of this Deed
of Gift, and continue thereafter for a period of thirty (30) years following the date of recordation
of this Deed of Gift ("Covenant Term"). From and after the expiration of the Covenant Term,
Grantee's Covenants shall automatically terminate and end, and shall be of no further force or
effect.
Grantee's Covenants shall be a burden on the Property for the benefit of Grantor, its
successors and assigns, and shall run with the land.
[remainder of page intentionally blank]
CORRECTION DEED OF GIFT - 2
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IN WITNESS WHEREOF, Grantor has caused its name to be subscribed this .2 `7 day
of November, 2007.
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TUSCANY DEVELOPMENT, INC.,
an Idaho corporation
STATE OF IDAHO )
) ss.
County of Ada )
On this Q '7+� day of November, 2007, before me, the undersigned, a Notary Public in
and for said State, personally appeared Gregory B. Johnson, known or identified to me to be the
President of Tuscany Development, Inc., the Idaho corporation that executed the within and
foregoing instrument, or the person who executed the instrument on behalf of said Idaho
corporation, and acknowledged to me that such Idaho 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.
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CORRECTION DEED OF GIFT -3
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Notaiy Public for Idaho
Residing at:r-►cQ.ic..r, =a�
Commission Expires: o 0a?
EXHIBIT A
Legal Description
Lot 1 in Block 7, MESSINA MEADOWS SUBDIVISION NO. 1, according to the official plat
thereof recorded in Book 97 of Plats at Pages 12176 through 12183, official records of Ada
County, Idaho.
EXHIBIT A - 1
....................
POLICY OF TITLE INSURANCE
SCHEDULE A
Amount of Insurance: $456,970.00
Date of Policy: November 20, 2008 at 4:52pm
S. Name of Insured:
CITY OF MERIDIAN, a political subdivision of the State of Idaho
N+osectite 0r
..............
No..
Policy No.: A75-2883039
File No.: LT07-14462
2. The estate or interest in the land described herein and which is covered by this policy is
fee simple and is at date of policy vested in:
CITY OF MERIDIAN, a political subdivision of the State of Idaho
3. The land referred to in this policy is described in the said instrument, is situated in the
County of Ada, State of Idaho, and is identified as follows:
Lot 1 in Block 7 of MESSINA MEADOWS SUBDIVISION NO. 1, according to the official plat
thereof, filed in Book 97 of Plats at Pages 12176 through 12183, and amended by Affidavit
recorded January 17, 2007 as Instrument No. 107007534, and further amended by Affidavit
recorded January 19, 2007 as Instrument No. 1071008834, and as amended by Amended Record of
Survey No. 7763, recorded January 29, 2007 as Instrument No. 107013314, and as further
Amended by Affidavit, recorded December 6, 2007 as Instrument No. 107161905, records of Ada
County, Idaho.
Countersigned:
or Agent
E. Owsley
Policy Is Valid Only If Schedule B is Attached
American Land Title Association Owner's Policy - (Rev. 10/17/92)
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TITLE FEES
December 3, 2008
City of Meridian
Ted Baird
33 E. Broadway Ave. Ste. 308
Meridian, ID 83642
REFERENCE: LOAN NO. N/A
Tuscany Development, Inc.
Lot 1 Block 7 Messina Meadows Sub #I
4155 S. Genoard
Meridian_ M R1649
FILE # DESCRIPTION AMOUNT
LT07-14462 Endorsements
Lender's Policy
Owner's Poli A75-2883039 $456,970.00 $1,558.25
Reconveyance Fees
Recording Fees Gift Deed 1/2 108126016 $6.00
Simultaneous Issue Fee
Jr. Loan Policy
Re -issue Credit
Lok Book Report
Total: $1,564.25
1880 N. Cobalt Point Way, Suite 100
Meridian, ID 83642
Phone: 208.433.1021 Tax: 208,433.114D