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Deed of Gift Bainbridge Park Donation - Brighton Investments LLCS `frp(do'13o2 STI LSD ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT 15.00 5 BOISE IDAHO 12121/06 04:23 PM i DEPUTY Bonnie Oberbillig III IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII III RECORDED—REQUEST OF 106197606 Title One DEED OF GIFT (Bainbridge Park) THIS DEED OF GIFT made this ;) Ile day of &'pM464!� , 2006, between BRIGHTON INVESTMENTS, LLC, an Idaho limited liability company ("Grantor") and the City of Meridian ("City"), whose current address is 33 E 1 chlo , Meridian, Idaho 83642 ("Grantee"). WITNESSETH: Section 1. Conveyance. 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 (the "Property"). 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 exceptions: 1. All taxes and assessments levied and assessed against the Property, including liens and assessments of any irrigation district ("Taxes"), for the year 2006 and thereafter. All Taxes for the current year 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, tunnels, 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. 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 as evidenced by Grantee's execution of this Deed of Gift (collectively, "Grantee Covenants"): Property Donation Agreement, page 7 TITLEONE CORPORATION 1101 W. River St. Suite 201 Boise, ID 83702 (208)424-8511 STATEMENT OF SETTLEMENT FOR PURCHASERS PROPERTY ADDRESS: N. TEN MILE RDJW. CHINDEN BLVD., MERIDIAN, ID 83646 PURCHASER/BORROWER(S): CITY OF MERIDIAN SELLER(S): BRIGHTON INVESTMENTS, LLC, an Idaho limited liability company SETTLEMENT DATE: December 22, 2006 DISBURSED: December 22, 2006 PRORATION DATE: January 1, 2007 DEBIT CREDIT Contract Sales Price 1,275,000.00 Donation 1,275,000.00 Title Insurance Premium FIDELITY NATIONAL TITLE INSURANC 3,330.00 Recording Fees TitleOne Corporation 21.00 Subtotals 1,278,351.00 1,275,000.00 Balance Due FROM Purchaser/Borrower 3,351.00 TOTALS 1,278,351.00 1,278,351.00 The above figures do not include sales or use taxes on personal property APPROVED and ACCEPTED PURCHASER(S) / BORROWER(S): E T: CITY OF MERI N TitleOne Corporation Tammy de e d Mayor {" - �f � 4 ATTEST William Berg ., City Clerk (A0661302. P F D/A0661302/ 15) A. Park Facilities. The City covenants and agrees to use the Property to provide community open space and recreation facilities for citizens of the City of Meridian, including but not limited to parking lots, sidewalks, walking paths, playground equipment, picnic facilities, tennis courts and restrooms ("Park Facilities"). The City, in its discretion, shall determine when the Park Facilities are constructed. The Park Facilities shall at all times be owned, operated and maintained by the City. B. Prohibitions on Use. Without the prior written consent of Grantor, which consent may be withheld in the sole and exclusive discretion of Grantor, at no time and under no circumstances shall the Property, or any portion thereof, or the Park Facilities to be constructed thereon, be utilized for (i) residential, commercial, industrial or other purposes which are inconsistent with the use of the Property as a public park; or (ii) any use which is inconsistent with the use of the Property pursuant to the duly adopted, written policies of Grantee. C. Restriction of Transfer. The Property shall not, in whole or in part, be transferred or conveyed by Grantee. D. Name of Park. Without the prior written consent of Grantor, which consent may be withheld the sole and exclusive discretion of Grantor, the Park to be constructed on the Property shall be referred to as the "Bainbridge Park". Section 3. Term of Grantee Covenants - Succession. The term of the Grantee Covenants shall commence on the date 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, the Grantee Covenants shall automatically terminate and end and shall be of no further force or effect. The Grantee Covenants shall be a burden on the Property for the benefit the Grantor, its successors and assigns, and shall run with the land. Section 4. Acceptance. By its acceptance below, Grantee shall be deemed to have accepted and agreed to comply with the Grantee Covenants set forth in this Deed of Gift. Property Donation Agreement, page 9 BRIGHTON INVESTMENTS, LLC, an Idaho limited liability company By: David W. Turnbull Member State of Idaho } ss. County of Ada } On this day of ;006, before me, a Notary Public in and for said State, personally appeared David W. Turnbull, known or identified to me to be the Managing Member of Brighton Investments, LLC, an Idaho limited liability company, the member who subscribed said limited liability company name to the foregoing instrument, and acknowledged to me he executed the same in said limited liability company name. Notary Public 1 Residing at My Commission expires a Property Donation Agreement, page 9 Property Donation Agreement, page 9 ACCEPTANCE THE CITY OF MERIDIAN, by its execution below, hereby accepts the terms of the foregoing Deed of Gift and agrees to accept title to the Property subject to the Grantee Conditions, and agrees to comply with the same. THE CITY OF MERIDIAN State of Idaho ) ss. County of Ada ) On this Jqll- day of tCP*jmF1 , 2006, before me, a Notary Public in and for said State, personally appeared i a ovy\4 3 Ji la4 L d—,2 , known or identified to me the "WI.Lyury 8of the City of Meridian, that executed the foregoing instrument•Afd,%r nowledged to me that such City executed the same. ro'S�k X EXHIBIT A (Description of Property) Notary Public for Idaho Residing at �M t'bc-k' My Commission expires r S - Exhibit A Legal Description EnzineefinE North West, LLC 423 N. Ancestor Place, Suite 180 Boise, Idaho 83704 (208) 376-5000 • Fax (208) 376-5556 Project No. 02-043-01 Date: August 31, 2006 BAINBRIDGE SUBDIVISION 7.5 ACRE PARK PARCEL DESCRIPTION A parcel of land located in the NE 1/4 of Section 27, T. 4 N., R. 1 W., B.M., Meridian, Ada County, Idaho and being more particularly described as follows: Commencing at the section corner common to Sections 22, 23, 26 and 27 of said T. 4 N., R. 1 W.; Thence North 89°17'35" West, 2647.29 feet on the section line common to said Sections 22 and 27 to the 1/4 section corner common to said Sections 22 and 27; Thence leaving said section line, South 25°12'23" East, 1355.33 feet to the REAL POINT OF BEGINNING; Thence North 74°50'00" East, 80.93 feet to a point of curve; Thence 228.27 feet on the arc of a curve to the right, said curve having a radius of 1040.00 feet, a central angle of 12°34'33"and a chord distance of 227.81 feet which bears North 81°07'17" East to a point of compound curve; Thence 278.43 feet on the are of a curve to the right, said curve having a radius of 1351.37 feet, a central angle of 11148'17"and a chord distance of 277.93 feet which bears South 88°01'11" East; Thence South 00°38'54" West, 552.22 feet; Thence North 89°21'06" West, 253.00 feet; Thence South 00°38'54" West, 121.41 feet to a point on a curve; Thence 74.41 feet on the arc of a curve to the left, said curve having a radius of 5155.83 feet, a central angle of 00°49'37" and a chord distance of 74.40 feet which bears North 89°56'34" West; Thence North 00°38'54" East, 122.18 feet; Thence North 89°21'06" West, 253.00 feet; Thence North 00°38' contains 7.50 acres more or Bainbridge 7.5 Acre Park Parcel Desc.doc Property Donation Agreement, page 5 .1 point of beginning. Said parcel PREPARED BY: Engineering NorthWest, LLC James R Washburn, PLS Page 1 of 1 Transmittal Memo To: Will Berg, City Clerk Sharon Smith, Sr. Deputy Clerk From: Michelle Albertson, Paralegal \ k Re: Bainbridge Park Donation Date: January 8, 2007 Attached is the recorded Deed of Gift and Owner's Policy of Title Insurance for the Bainbridge Park Donation. Please let me know if you have any questions or comments. cc: Ted Baird w/enclosures Reta Cunningham w/enclosures MAYOR t CITY ATTORNEY/HR DEPARTMENT Tammy de Weerd CITY OF 703 N. Main CITY COUNCIL MEMBERS Ph.# 898-5506/Fax 884-8723 Keith Bird `// �L/L �t/L / L William L.M. Nary Joe Borton IDAHO City Attorney/HR Director Charles M. Rountree David ZarembaC Ted W. Baird SFR Deputy City Attorney TREASURE Vey Emily Kane Assistant City Attorney Transmittal Memo To: Will Berg, City Clerk Sharon Smith, Sr. Deputy Clerk From: Michelle Albertson, Paralegal \ k Re: Bainbridge Park Donation Date: January 8, 2007 Attached is the recorded Deed of Gift and Owner's Policy of Title Insurance for the Bainbridge Park Donation. Please let me know if you have any questions or comments. cc: Ted Baird w/enclosures Reta Cunningham w/enclosures December 29, 2006 DELIVER TO: TED BAIRD CITY OF MERIDIAN 33 E. IDAHO MERIDIAN, ID 83642 Thank you for choosing TitleOne Corporation for your title insurance needs. Enclosed you will find the following: Copy of Closing Statement Original Recorded Deed Owner's Policy of Title Insurance Order No. A0661302 Ref: CITY OF MERIDIAN (Bainbridge Park Donation) If you have any questions regarding the closing, your Escrow Officer is L. SCOTT DARLING, 208-424-8511. Should you have any questions regarding this title policy, your Title Officer is SCOTT THIEL, 208-424-8511. all Owner's Policy of Title Insurance Fidelity National Title Insurance Company A Stock Company Policy Number 1312- 7 0 0 3 2 7 OWNER'S POLICY OF TITLE INSURANCE SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, FIDELITY NATIONAL TITLE INSURANCE COMPANY, a California corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the title; 4. Lack of a right of access to and from the land. The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided in the Conditions and Stipulations. IN WITNESS WHEREOF, FIDELITY NATIONAL TITLE INSURANCE COMPANY has caused this policy to be signed and sealed by its duly authorized officers as of Date of Policy shown in Schedule A. Fidelity National Title Insurance Company SEAL Countersigned: Authorized Signature (Please print name below) ATTEST President Secretary FORM 1312 (7/05) ALTA Owner's Policy (10-17-92) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restrict- ing, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy 4. Any claim which arises out of the transaction vesting in the Insured the estate or interest by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (a) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (b) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (i) to timely record the instrument of transfer; or (ii) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. CONDITIONS AND STIPULATIONS 1. DEFINITION OF TERMS The following terms when used in this policy mean: (a) "insured": the insured named in Schedule A, and, subject to any rights or defenses the Company would have had against the named insured, those who succeed to the interest of the named insured by operation of law as distinguished from purchase including, but not limited to, heirs, distributees, devisees, survivors, personal representatives, next of kin, or corporate or fiduciary successors. (b) "insured claimant": an insured claiming loss or damage. (c) "knowledge" or "known": actual knowledge, not constructive knowl- edge or notice which may be imputed to an insured by reason of the public records as defined in this policy or any other records which impart constructive notice of matters affecting the land. (d) "land": the land described or referred to in Schedule A, and improve- ments affixed thereto which by law constitute real property. The term "land" does not include any property beyond the lines of the area described or referred to in Schedule A, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing herein shall modify or limit the extent to which a right of access to and from the land is insured by this policy. (e) "mortgage": mortgage, deed of trust, trust deed, or other security instru- ment. (f) "public records": records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. With respect to Section l(a)(iv) of the Exclusions From Coverage, "public records" shall also include environmental protection liens filed'in the records of the clerk of the United States district court for the district in which the land is located. (g) "unmarketability of the title": an alleged or apparent matter affecting the title to the land, not excluded or excepted from coverage, which would entitle a purchaser of the estate or interest described in Schedule A or the insured mortgage to be released from the obligation to purchase by virtue of a contractual condition requiring the delivery of marketable title. 2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE The coverage of this policy shall continue in force as of Date of Policy in favor of an insured only so long as the insured retains an estate or interest in the land, or holds an indebtedness secured by a purchase money mortgage given by a purchaser from the insured, or only so long as the insured shall have liability by reason of covenants of warranty made by the insured in any transfer or convey- ance of the estate or interest. This policy shall not continue in force in favor of any purchaser from the insured of either (i) an estate or interest in the land, or (ii) an indebtedness secured by a purchase money mortgage given to the insured. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT The insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in Section 4(a) below, (ii) in case knowledge shall come to an insured hereunder of any claim of title or interest which is adverse to the title to the estate or interest, as insured, and which might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if title to the estate or interest, as insured, is rejected as unmarketable. If prompt notice shall not be given to the Company, then as to the insured all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of any insured under this policy unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. 4. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF INSURED CLAIMANT TO COOPERATE (a) Upon written request by the insured and subject to the options contained in Section 6 of these Conditions and Stipulations, the Company, at its own cost and without unreasonable delay, shall provide for the defense of an insured in litigation in which any third party asserts a claim adverse to the title or interest as insured, but only as to those stated causes of action alleging a defect, lien or encumbrance or other matter insured against by this policy. The Company shall have the right to select counsel of its choice (subject to the right of the insured to object for reasonable cause) to represent the insured as to those stated causes of action and shall not be liable for and will not pay the fees of any other counsel. The Company will not pay any fees, costs or expenses incurred by the insured in the defense of those causes of action which allege matters not insured against by this policy. (b) The Company shall have the right, at its own cost, to institute and prosecute any action or proceeding or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest, as insured, or to prevent or reduce loss or damage to the insured. The Company may take any appropriate action under the term of this policy, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this policy. If the Company shall exercise its rights under this paragraph, it shall do so diligently. (c) Whenever the Company shall have brought an action or interposed a defense as required or permitted by the provisions of this policy, the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from any adverse judgment or order. (d) In all cases where this policy permits or requires the Company to pros- ecute or provide for the defense of any action or proceeding, the insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of the insured for this purpose. Whenever requested by the Company, the insured, at the Company's expense, shall give the Company all reasonable aid (i) in any action or proceeding, securing evidence, obtaining wit- nesses, prosecuting or defending the action or proceeding, or effecting settlement, and (ii) in any other lawful act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest, as insured. If the Company is prejudiced by the failure of the insured to furnish the required cooperation, the Company's obligations to the insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation. 5. PROOF OF LOSS OR DAMAGE In addition to and after the notices required under Section 3 of these Condi- tions and Stipulations have been provided the Company, a proof of loss or damage signed and sworn to by the insured claimant shall be furnished to the Company within 90 days after the insured claimant shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the defect in, or lien or encumbrance on the title, or other matter insured against by this policy which constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of the insured claimant to provide the required proof of loss or damage, the Company's obligations to the insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litiga- tion, with regard to the matter or matters requiring such proof of loss or damage. In addition, the insured claimant may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bear- ing a date before or after Date of Policy, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the insured claimant shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the loss or damage. All information designated as confidential by the insured claimant provided to the Company pursu- ant to this Section shall not be disclosed to others unless, in the reasonable judg- ment of the Company, it is necessary in the administration of the claim. Failure of the insured claimant to submit for examination under oath, produce other reason- ably requested information or grant permission to secure reasonably necessary information from third parties as required in this paragraph shall terminate any liability of the Company under this policy as to that claim. 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS• TERMINA TION OF LIABILITY In case of a claim under this policy, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Insurance (i) To pay or tender payment of the amount of insurance under this policy together with any costs, attorneys' fees and expenses incurred by the insured claimant, which were authorized by the Company, up to the time of payment or tender of payment and which the Company is obligated to pay. (ii) Upon the exercise by the Company of this option, all liability and obligations to the insured under this policy, other than to make the payment required, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, and the policy shall be surrendered to the Company for cancellation. (b) To Pay or Otherwise Settle With Parties Other than the Insured or With the Insured Claimant (i) to pay or otherwise settle with other parties for or in the name of an insured claimant any claim insured against under this policy, together with any costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay; or (ii) to pay or otherwise settle with the insured claimant the loss or damage provided for under this policy, together with any costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in paragraphs b(i) or (ii), the Company's obligations to the insured under this policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any liability or obligation to defend, prosecute or continue any litigation. 7, DETERMINATION EXTENT OF LIABILITY AND COINSURANCE This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the insured claimant who has suffered loss or damage by reason of matters insured against by this policy and only to the extent herein described. of: (a) The liability of the Company under this policy shall not exceed the least (i) the Amount of Insurance stated in Schedule A; or, (ii) the difference between the value of the insured estate or interest as insured and the value of the insured estate or interest subject to the defect, lien or encumbrance insured against by this policy. (b) In the event the Amount of Insurance stated in Schedule A at the Date Of Policy is less than 80 percent of the value of the insured estate or interest or the full consideration paid for the land, whichever is less, or if subsequent to the Date of Policy an improvement is erected on the land which increases the value of the insured estate or interest by at least 20 percent over the Amount of Insurance stated in Schedule A, then this Policy is subject to the following: (i) where no subsequent improvement has been made, as to any partial loss, the Company shall only pay the loss pro rata in the proportion that the amount of insurance at Date of Policy bears to the total value of the insured estate or interest at Date of Policy; or (ii) where a subsequent improvement has been made, as to any partial loss, the Company shall only pay the loss pro rata in the proportion that 120 percent of the Amount of Insurance stated in Schedule A bears to the sum of the Amount of Insurance stated in Schedule A and the amount expended for the improvement. The provisions of this paragraph shall not apply to costs, attorneys' fees and expenses for which the Company is liable under this policy, and shall only apply to that portion of any loss which exceeds, in the aggregate, 10 percent of the Amount of Insurance stated in Schedule A. (c) The Company will pay only those costs, attorneys' fees and expenses incurred in accordance with Section 4 of these Conditions and Stipulations. 8. APPORTIONMENT If the land described in Schedule A consists of two or more parcels which are not used as a single site, and a loss is established affecting one or more of the parcels but not all, the loss shall be computed and settled on a pro rata basis as if the amount of insurance under this policy was divided pro rata as to the value on Date of Policy of each separate parcel to the whole, exclusive of any improvements made subse- quent to Date of Policy, unless a liability or value has otherwise been agreed upon as to each parcel by the Company and the insured at the time of the issuance of this policy and shown by an express statement or by an endorsement attached to this policy. 9. LIMITATION OF LIABILITY (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures the lack of a right of access to or from the land, or cures the claim of unmarketability of title, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby (b) In the event of any litigtion, including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title, as insured. (c) The Company shall not be liable for loss or damage to any insured for liability voluntarily assumed by the insured in settling any claim or suit without the prior written consent of the Company. 10. REDUCTION OF INSURANCE• REDUCTION OR TERMINATION OF LIABILITY All payments under this policy, except payments made for costs, attorneys' fees and expenses, shall reduce the amount of the insurance pro tanto. 11. LIABILITY NONCUMULATIVE It is expressly understood that the amount of insurance under this policy shall be reduced by any amount the Company may pay under any policy insuring a mortgage to which exception is taken in Schedule B or to which the insured has agreed, assumed, or taken subject, or which is hereafter executed by an insured and which is a charge or lien on the estate or interest described or referred to in Schedule A, and the amount so paid shall be deemed a payment under this policy to the insured owner. TITLEONE CORPORATION Authorized Agent for: FIDELITY NATIONAL TITLE INSURANCE COMPANY SCHEDULE A File Number: A0661302 Policy Number: 1312-700327 Amount of Insurance: $ 1,275,000.00 Premium: $ 3,330.00 Date of Policy: December 21, 2006 at 04:23 PM 1. Name of Insured: City of Meridian 2. The estate or interest in the land which is covered by this policy is: Fee Simple 3. Title to the estate or interest in the land is vested in: City of Meridian 4. The land referred to in this policy is described as follows: SEE SCHEDULE C ATTACHED HERETO TITLEON CORP ION By: SCOTT THIEL, Authorized Officer or A( ALTA Owner's Schedule A (10/17/92) (A0661302.PFD/A0661302/25) TITLEONE CORPORATION Authorized agent for: FIDELITY NATIONAL TITLE INSURANCE COMPANY SCHEDULE B File Number:A0661302 Policy Number: 1312-700327 EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Rights or claims of parties in possession not shown by the public records. 2. Encroachments, overlaps, boundary disputes, and any other matters which would be disclosed by an accurate survey or inspection of the premises including, but not limited to, insufficient or impaired access or matters contradictory to any survey plat shown by the public records. Easements, or claims of easements, not shown by the public records. 4. Any lien, or right to a lien, for services, labor, or materials heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims to title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the public records. 6. Taxes or special assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices to such proceedings whether or not shown by the records of such agency, or by the public records. 7. The land described herein is located within the boundaries of City of Meridian (208-888-4433) and is subject to any assessments levied thereby. Paid current. 8. The land described herein is located within the boundaries of Settlers Irrigation District (208-344-2471) and is subject to any assessments levied thereby. Paid current. 9. Notwithstanding Paragraph 4 of the insuring clauses of the policy or policies to be issued, the policy or policies when issued will not insure against loss arising by reason of any lack of a right of access to and from the land. 10. Terms, provisions, conditions, and, restrictions contained in an Agreement for Donation of Real Property by and between The City of Meridian and Brighton Investments, LLC, an Idaho limited liability company. Recorded: November 30, 2006 Instrument No: 106187191 ALTA Owner's/Leasehold Owner's Schedule B (10/17/92) (A0661302.PFD/A0661302/25) i kP;x w / 4f 40f / ,00'OL ,00'08 / s n N YQ ! O 0 o O O V N O Y O O n N 1� ai Oi 00 � i ' ! 00 B 00'49 00'06 AWN 00 ! ' ,0l'L£S I � I I Q I I p m cn � � w in I I I I I 1 1� 1� 1 1 1 11 I S�pApE EASEµEN 15' �OEApE ow�W�ENS 1 1 1 8 , £f'£94 1 1 1 I of J m 0 z I ,4L'0£ l ff'£6 00'99 00'49 00'99 AVM kff)NISN3N -N ,00'OL ,00'49 o O n 6 ,lra�l o O OD O H O O O m N O O OD to O N co 0 O ! p ©'. 40 O rn ,99'9Zl 70'Z9 ,00.0/ Ol'69 o o N O $ S S .` �n o � co I ,£4•sa l 0 N n 0 0 � � 0 C+ 90'fZl \ lV N C, lam/ of J m 0 z I ,4L'0£ l ff'£6 00'99 00'49 00'99 00'09 ,00'OL ,00'49 o O n 6 "W OD p ©'. 40 O rn in N t° O N N a N° ,r p ao m I Q o .` �n o 69.20' SEW l I� !1kn � AdM - VHN3ON3V 'N i .... S� — i r yr MtKILMAN MERIDIAN, IDAHO Payee TITLE ONE CORP 72292 VQndor 'ID' TITLE ONE CORP Account # : Invoice 12/20/2� 279292 Descriptio Discount 12/22/06 1520//Title Policy for ainbridge Park Amount $0 00 $3,351.00 i I Total $0.00 $3,351.00 Date Printed: September 07, 2007 Date Posted: December 21, 2006 THIS DOCUMENT HAS ARTIFICIAL WATERMARK ON BACK, MICROPRINT BORDER AND BLEED THROUGH ARABIC NUMBER Cf6e, ridian 33 E. Idaho Ave. FARMERS & MERCHANTS 7229272292 92-151 STATE BANK [DAHO Meridian, ID 83642 -241 MERIDIAN, IDAHO �. (208) 888-4433 VOID AFTER 180 DAYS ****Three Thousand Three Hundred Fifty One and 00!100 Dollars PAY TITLE ONE CORP TOTHE 1101 w RIVER ST., STE 201 ORDER OF: BOISE, ID 83702 12/20/2006 $3,351.00 11807 2 29 211' 1: L 24 LO L 5 131:500047080 LII' m Z �x 0 O � A N C m 90 z m° x m `ME 0, �y m D 23 am 0 s DN rz Nm �m �r CQ H Oy Z Ci mZ m TITLEONE CORPORATION 1101 W. River St. Suite 201 Boise, ID 83702 (208)424-8511 STATEMENT OF SETTLEMENT FOR PURCHASERS PROPERTY ADDRESS: N. TEN MILE RD./W. CHINDEN BLVD., MERIDIAN, ID 83646 PURCHASER/BORROWER(S): CITY OF MERIDIAN SELLER(S): BRIGHTON INVESTMENTS, LLC, an Idaho limited liability company SETTLEMENT DATE: December 22, 2006 DISBURSED: December 22, 2006 PRORATION DATE: January 1, 2007 DEBIT CREDIT Contract Sales Price 1,275,000.00 Donation 1,275, 000.00 Title Insurance Premium FIDELITY NATIONAL TITLE INSURANC 3,330.00 Recording Fees TitleOne Corporation 21.00 Subtotals 1,278, 351.00 1, 275,000.00 Balance Due FROM Purchaser/Borrower 3,351.00 TOTALS 1,278,351.00 1,278,351.00 The above figures do not include sales or use taxes on personal property APPROVED and ACCEPTED PURCHASER(S) / BORROWER(S): ESCROW AGENT: CITY OF MERIDIAN BY: Tammy de Weerd Mayor ATTEST: William Berg City Clerk fitleOne Corporation (A0661302. P F D/AO661302/ 15) eat ff " ', r` C[TY v SIRCE 1903 DEL i o Cum 33 E Idaho Avenue Meridian, Idaho 83642 Phone: 208/888-4433 Fax: 208/887-4813 DEC 2 0 2006 Y: CHECK REQUEST PAY: TitleOne Corporation REQUESTED BY: Michelle - Legal 1101 West River Street, Suite 201 CHECK NEEDED BY: December 22, 2006 Boise, ID 83702 PLEASE CHECK ONE: ❑ Mail Check- ® Return check to dep DESCRIPTION ACCOUNT # AMOUNT Title Policy for Bainbridge Park 015200 91000 3,351.00 CHECK TOTAL 3,351.00 DATE: I� �g % DIRECTOR ��— DEC 2 0 2006 Y: