Gift Deed executed by Brighton (scand)DEED OF GIFT
(Bainbridge Park)
THIS DEED OF GIFT made this day of , 2006, between
BRIGHTON INVESTMENTS, LLC, an Idaho limited liability company ("Grantor") and the
City of Meridian ("City"), whose current address is , 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 2005 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
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 awned, 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 adopter!, 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 Dooatioii Agreement, page 8
BRIGHTON INVESTMENTS, LLC, an Idaho
limited liability company
David W. Turnbull
Member
State of Idaho }
ss.
County of Ada }
On this ay of jLv4 ; 666, before me, a Notary Public in and for said
State, persona ly appeared David W. Turnbull, known or identified to me to be the
Managing Member of Brighten 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 fl
Residing at e
My Commission expires
Property Donation Agreement page 9
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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.
DATED: , 2006
THE CITY OF MERIDIAN
By:
Its:
State of Idaho
) ss.
County of Ada )
On this day of , 2006, before me, a Notary Public in and for said
State, personally appeared , known or identified to me
the _ _ of the City of Merldian, that executed the
foregoing instrument, and acknowledged to me that such City executed the same.
Notary Public for Idaho
Residing at
My Commission expires
EXHIBIT A (Description of Property)
Property Dona lion ,Agreernent. }nage 10
Exhibit A
--- Legal Description
En-pineerine North West. LLL
423 N. Ancestor Place, Suite 180 Boise, Idaho 83704 (208) 376-5000 • Fax (208) 37£-5556
Project No. 02-043-01 Date; August 31, 2006
BAINBRIDGE SUBDIVISION
7.5 ACRE PARK PARCEL DESCRTMON
A parcel of land located in the NE 114 of Section 27, T. 4 N., R I W., B.M., Meridian,
Ada County, Idaho and being more particularly described as follows:
Cornmencing 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 114 section comer 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 BEGIN'NINNG;
Thence North 7450'00" 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°3413"and a chord distance of 227.81 feet which bears
North 81 007117" East to a point of compound curve;
Thence 278.43 feet on the arc of a curve to the right, said curve having a radius of
1351.37 feet, a central angle of 11 °48"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 00'3854" 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 5 15 5.83
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°21106" West, 253.00 feet;
Thence North 00138'54" East, 498.92 f ct to the real point of beginning. Said parcel
contains 7.50 acres more or less.
PREPARED BY:
Engineering NortbWes4 LLC
7���
8 -3r-zA�fp James K Washburn, PLS
Bainbridge 7.5 Awe Park Part'el 11.1,1.
Property Donation Agreement, page 5