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Warranty & Gift Deeds Heroes Park @ Lochsa Falls - Marty Goldsmith PropertyADA COUNTY RECORDER J. DAVID NAVARRO 2 BOISE IDAHO 12/31/03 11:13 AM DEPUTY Joanne Hooper RECORDED -REQUEST OF III IIIIIIIIIIIIII II VIII IIIIIIII II III MARTY GOLDSMITH 103212638 AMOUNT 6.00 MARTY GOLDSMITH, a single man ("Grantor") does hereby gift, grant and transfer unto the City of Meridian, a municipal corporation of the State of Idaho, whose current address is, the following described property located in Ada County, State of Idaho, and more particularly described on Exhibit A �atttaached hereto, and by this reference incorporated herein. A DATED this day of May, 2003. STATE OF IDAHO, ) : ss. County of Ada Marty Goldsmith d On this � day of May, 2003, before me, the undersigned, a Notary Public in and for said State, personally appeared MARTY GOLDSMITH, known and identified to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he 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. 41 0 �.•• 4 f.••""'••. �A.'•, Nota Public for Idaho SUqResiding at,Idaho !� -ldr rA by0� • 0 My Commission expires: s O '•• .00 .•, • 0.00..•• Mai 14 03 05:11p Marty Goldsmith (208) 376-2041 p.2 DESCRIPTION FOR MERIDIAN PARK AT LOCHSA FALLS SUBDIVISION 5.09 ACRE PARCEL January8, 2003 A parcel of land being a portion of the NW % of Section 26, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the section corner common to Sections 22, 23, 26 and 27, TAN., R.1 W., B.M., thence S 00°21'10" W 1973.71 feet along the west line of the NW'/4 to a point; Thence S 89°08'39" E 38.00 feet to a point on the proposed east right of way of Ten Mile Road, the Real Point of Beginning of this description; Thence S 89008'39" E 255.34 feet to a point; Thence N 00°21'10" E 297.98 feet to a point; Thence S 89008'39" E 363.18 feet to a point; Thence S 00°21'10" W 481.33 feet to a point;. Thence N 89008'53" W 618.52 feet to a point on the proposed east right of way of Ten Mile Road; Thence N 00021'10" E 183.38 feet along said east right of way to the Real Point of Beginning of this description. Said parcel of land contains 5.09 acres, more or less. Michael E. Marks, P.L.S. - No. 4998 11001 park5 ADA COUNTY RECORDER J. DAVID NAVARRO 4 BOISE IDAHO 01129104 04:02 PM DEPUTY Joanne Hooper III IIIIIIIIIIIIIIIIIIIIIIIIIIII III III RECORDED -REQUEST OF WILSON & MCCOLL 1 040 1 o602 AMOUNT 12.00 — THE ATTACHED WARRANTY DEED, ADA COUNTY RECORDER INSTRUMENT NO. 103212639, IS BEING RE-RECORDED FOR THE REASON THAT THE SECOND PAGE OF THE LEGAL DESCRIPTION, IDENTIFIED AS "DESCRIPTION FOR MERIDIAN PARK AT LOCHSA FALLS SUBDVISION REMAINDER PARCEL" WAS INADVERTENTLY MISSED. ADA COUNTY RECORDER J. DAVID NAVARRO BOISE IDAHO 12131103 11:13 AM DEPUTY Joanne Hooper RECORDED -REQUEST OF MARTY GOLDSMITH 1 0321 269 WA AMOUNT 6.00 For and in consideration of the Grantees obligation to pay and set over to Grantor certain Meridian Parks & Recreation Departments' park impact fees, all as more particularly described in Section 5.D(1) of that certain Development Agreement, Instrument No. 103012598, records Ada County, the undersigned, Marty Goldsmith, a single man (the "Grantor" herein) does hereby grant, bargain, sell and covey unto the City of Meridian, a municipal corporation of the State of Idaho (the "Grantee" herein), whose current address is 33 E. Idaho Ave. Meridian, Idaho 83642, that certain real property being, lying and situated in the County of Ada, State of Idaho, more particularly described on Exhibit A attached hereto. TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee, its heirs and assigns forever. And the Grantor does hereby covenant to and with the said Grantee, that it is the owner in fee simple title of said premises; that said premises are free from all encumbrances, EXCEPT those to which this conveyance is expressly made subject and those made, suffered, or done by the Grantee; and subject to reservations, restrictions, dedications, easements, rights-of-way of record or visible on the premises, including the buried irrigation main line traversing the premises from an above ground pipe visible in the northeast corner of the property, and general taxes and assessments for the current year, and that he will warrant and deed the same from all lawful claims whatsoever. K DATED this .2 day of May, 2003. STATE OF IDAHO, ss. County of Ada. ) Marty Goldsmith �,.#7 On this , day of May, 2003, before me, the undersigned, a Notary Public in and for said State, personally appeared MARTY GOLDSMITH, known and identified to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he 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. zi • e-11 �.�,4QI { 0 3 ••.,� •`��, .••"'•••'�A, '•. Not Public for Idaho �•0 f'• %% ie Residing at ,Idaho • ♦` • �L L •, `� �b L0� My Commission expires: ay t1 ` Mai 14 03 05:11p Marty Goldsmith (208) 376-2041 p.3 DESCRIPTION FOR MERIDIAN PARK AT LOCHSA FALLS SUBDIVISION REMAINDER PARCEL January 8, 2003 A parcel of land being a portion of the NW '/4 of Section 26, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the section corner common to Sections 22, 23, 26 and 27, TAN., R.1 W., B.M., thence S 00°21'10" W 2633.71 feet to the southwest corner of the NW '/4 of said Section 26; Thence S 89°08'53" E 38.00 feet along the south line of said NW '/ to a point on the proposed east right of way of Ten Mile Road, the Real Point of Beginning of this description; Thence N 00021'10" E 194.62 feet along said east right of way to a point; Thence S 89°38'50" E 218.00 feet to a point; Thence N 00°21'10" E 280.09 feet to a point; Thence S 89°08'53" E 400.51 feet to a point; Thence N 00121'10" E 481.33 feet to a point; Thence S 89°08'39" E 653.24 feet to a point; Thence N 00°29'24"E 99.24 feet to a point on a curve; Thence 10.47 feet along a curve to the right, said curve having a radius of 20.00 feet, a central angle 30°00'00", a tangent of 5.36 feet and a chord of 10.35 feet which bears S 74030'36" E to a point on a curve; Thence S 00°29'24" W 84.30 feet to a point; Thence S 41'43'27" E 114.98 feet to a point on a curve; Thence 124.65 feet along a curve to the left, said curve having a radius of 125.00 feet, a central angle 57°08'03", a tangent of 68.06 feet and a chord of 119.55 feet which bears 11001parkR S 29003'45" W to a point of tangency; Thence S 00029'44" W 585.00 feet to a point of tangency; Thence 61.30 feet along a curve to the left, said curve having a radius of 75.00 feet, a central angle 46°49'35", a tangent of 32.48 feet and a chord of 59.60 feet which bears S 22055'04" E to a point on a curve; Thence S 43040'09" W 20.00 feet to a point; Thence S 00°29'44" W 125.97 feet to a point on the south line of said NW '/4; Thence N 89008'53" W 1309.47 feet along said south line to the Real Point of Beginning of this description. Said parcel of land contains 20.51 acres, more or less. Michael E. Marks, P.L.S. - No. 4998 11001 parkR ADA COUNTY RECORDER J. DAVID NAVARRO BOISE IDAHO 01/29104 04:02 PM DEPUTY Joanne Hooper RECORDED -REQUEST OF III IIIIIIIIIIIIIIIIIIIIIIIIIII'lll III WILSON & MCCOLL 104010603 AMOUNT 9.00 --- QUITCLAIM DEED FOR VALUE RECEIVED, LOCHSA FALLS, L.L.C., an Idaho limited liability company, does hereby convey, release, remise and forever quitclaim unto the City of Meridian, a municipal corporation of the State of Idaho, whose address is 33 E. Idaho Ave., Meridian, Idaho 83642-2631, the following described premises, to -wit: DATED: January, 2004. STATE OF IDAHO, ) ss. County of Ada. SEE EXHIBIT "A" ATTACHED LOCHSA FALLS, L.L.C. By✓G- Mart-smith, Member On this V6 day of January, 2004, before me, a notary public in and for the said State, personally appeared Marty Goldsmith, the managing member of Lochsa Falls, L.L.C., that executed the instrument, and the person who executed the instrument on behalf of said limited liability compapX,Aplj.#_cknowledged to me that such limited liability company executed the same.. C'I E. IR D �eC4`'••N�•••,�1�► $DT�r - C �. J,;%pUBj'1G O Notary Public for Idaho �' �•••. Residing at:Idaho 91'P OF V My Commission E pires: 51 1210b .Nua QUITCLAIM DEED - I S:\ronnidoc\Goldsmith\llavasu School Site\QuitclaimDeed.012104.doc DESCRIPTION FOR MERIDIAN PARK AT LOCHSA FALLS SUBDIVISION REMAINDER PARCEL January 8, 2003 A parcel of land being a portion of the NW '/ of Section 26, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the section corner common to Sections 22, 23, 26 and 27, TAN., R.1 W., B.M., thence S 00021'10" W 2633.71 feet to the southwest corner of the NW '/4 of said Section 26; Thence S 89°08'53" E 38.00 feet along the south line of said NW % to a point on the proposed east right of way of Ten Mile Road, the Real Point of Beginning of this description; Thence N 00021'10" E 194.62 feet along said east right of way to a point; Thence S 89038'50" E 218.00 feet to a point; Thence N 00°21'10" E 280.09 feet to a point; Thence S 89008'53" E 400.51 feet to a point; Thence N 00°21'10" E 481.33 feet to a point; Thence S 89008'39" E 653.24 feet to a point; Thence N 00029'24"E 99.24 feet to a point on a curve; Thence 10.47 feet along a curve to the right, said curve having a radius of 20.00 feet, a central angle 30°00'00", a tangent of 5.36 feet and a chord of 10.35 feet which bears S 74030'36" E to a point on a curve; Thence S 00°29'24" W 84.30 feet to a point; Thence S 41 °4327" E 114.98 feet to a point on a curve; Thence 124.65 feet along a curve to the left, said carve having a radius of 125.00 feet, a central angle 57008'03", a tangent of 68.06 feet and .a chord of 119.55 feet which bears 11001 parkR a S 29°03'45" W to a point of tangency; Thence S 00029'44" W 585.00 feet to a point of tangency; Thence 61.30 feet along a curve to the left, said curve having a radius of 75.00 feet, a central angle 46049'35", a tangent of 32.48 feet and a chord of 59.60 feet which bears S 22°55'04" E to a point on a curve; Thence S 43040'09" W 20.00 feet to a point; Thence S 00029'44" W 125.97 feet to a point on the south line of said NW '/; Thence N 89008'53" W 1309.47 feet along said south line to the Real Point of Beginning of this description. Said parcel of land contains 20.51 acres, more or less. Michael E. Marks, P.L.S. - No. 4998 11001parkR Message Will Berg From: Bill Nichols Sent: Tuesday, December 30, 2003 3:40 PM To: 'bergw@ci.meridian. id.us' Subject: FW: City of Meridian Park/Goldsmith -----Original Message ----- From: Angela Nyland [mailto:Angela@wilsonmccoll.com] Sent: Tuesday, December 23, 2003 1:49 PM To: wfn@whitepeterson.com Cc: justin@farwestllc.com Subject: FW: City of Meridian Park/Goldsmith -----Original Message ----- From: Angela Nyland Sent: Tuesday, December 23, 2003 1:22 PM To: Brian McColl Subject: City of Meridian Park/Goldsmith Dear Bill: Page 1 of 1 Attached to this email is an addendum to the development agreement referenced Lochsa Falls reciting that the city will collect park impact fees related to Lochsa Falls property in an impound account and pay them over to Marty on a quarterly basis. I think it was a Stacy in city's finance department who sent me the form agreement the city used when this payment mechanism was employed for Bear Valley. What we are trying to do is close the regional park transaction. You have the original two (2) deeds (Gifts Deed on approximately 5 acres and Warranty Deed on approximately 20 acres) in your file. Will Berg has located the non-cash charitable contributions IRS 8283 that needs to be signed by the city. It is my understanding that the city also needs title insurance. Attached to this email are Title One Commitments A0324966 (reference 20 acre parcel) and A0324967 (reference 5 acre parcel). Also attached are the exceptions noted in the Commitments. If you need anything further or have any questions, call me. Otherwise, let me know how we can accommodate the "Closing". Marty would like to have it done in 2003 to receive the charitable contribution benefit. Brian McColl ** Confidentiality Notice" This e-mail and the documents accompanying this transmission contain confidential information belonging to the sender which is legally privileged. The information is intended only for the use of the individuals or entities named above. If you are not the intended recipient, you are hereby notified that any disclosure, copying or distribution or the taking of any action in reliance of the contents of this e-mailed information is strictly prohibited. If you have received this e-mail in error, please immediately notify the sender by e-mail at the address above. The transmission is to be deletetd and any items that may have been printed are to be destroyed. Thank you for your compliance. 12/30/2003 TITLEONE CORPORATION Authorized agent for. FIDELITY NATIONAL TITLE INSURANCE COMPANY Commitment Number: A0324967 ST SCHEDULE A 1. Effective Date: December 12, 2003 at 07:30 AM 2. Policy (or Policies) to be issued: (a) ALTA Own. Policy (10117192) STANDARD COVERAGE Amount of Insurance: $ 254,500.00 Proposed Insured: Premium: $1,070.00 City of Meridian (b)ALTA Loan Policy (10117192) Amount of Insurance: Proposed Insured: Premium: Endorsements: Charges: 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: Fee Simple 4. Title to the estate or interest in said land at the effective date is vested in: Marty Goldsmith, a single person 5. The land referred to in this Commitment is described as follows: SEE SCHEDULE C ATTACHED HERETO TITLEONE CORPORATION i By: SCOTT THIEL, Authorized Officer Commitment Valid Only if Schedule B and ALTA CommitCover are Attached Schedule A (1ment (A0324967.PFD/AD32496717) TITLEONE CORPORATION Authorized agent for. FIDELITY NATIONAL. TITLE INSURANCE COMPANY Commitment Number: A0324967 ST SCHEDULE B - SECTION I REQUIREMENTS AND NOTES The following are the requirements to be complied with: a. A Warranty Deed from Marty Goldsmith, a single person to The City of Meridian. ALTA Commitment (A0324967.PFD/A032496717) Schedule B - Section l (1016182) TITLEONE CORPORATION Authorized agent for. FIDELITY NATIONAL TITLE INSURANCE COMPANY Commitment Number: A0324967 ST SCHEDULE B -SECTION II EXCEPTIONS Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the company: 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. 3. 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. Taxes, including any assessments collected therewith, for the year 2003 which are due and payable, but not delinquent. Parcel Number: SO426233615 Code Area: 242 Original Amount: $330.22 (Affects this and other property) 8. The land described herein is located within the boundaries of City of Meridian (208-888-4433) and is subject to any assessments levied thereby. 9. The land described herein is located within the boundaries of Settlers Irrigation District (208-344-2471) and Is subject to any assessments levied thereby. ALTA Commitment (A0324967.PFt?1A0324967/12) Schedule e - Section II (1016182) TITLEONE CORPORATION Authorized agent for. FIDELITY NATIONAL TITLE INSURANCE COMPANY Commitment Number: A0324967 ST SCHEDULE B - SECTION II EXCEPTIONS (Continued) 10. All matters, and any rights, easements, interests or claims as disclosed by Record of Survey No. 1222 recorded March 30, 1988 as Instrument No. 8814703. 11. All matters, and any rights, easements, interests or claims as disclosed by Record of Survey No. 5007 recorded June 1, 2000 as Instrument No. 100042752. 12. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted to: Justin and Tamra Martin Purpose: Drainage Recorded: August 8, 2001 Instrument No.: 101080742 13. Terms, provisions, conditions, and, restrictions contained In a Crossing Agreement by and between Settlers Irrigation District and Farwest, L.L.C., an Idaho limited liability company. Dated: November 22, 2002 Recorded: November 26, 2002 Instrument No: 102140161 14. Terms, provisions, conditions, and, restrictions contained in a Development Agreement by and between City of Meridian, a municipal corporation; LeRoy E. Brandt for LeRoy E. Brandt Family Limited Liability Partnership and Elroy Brandt; Elroy Brandt for LeRoy E. Brandt Family Limited Liability Partnership and Elroy Brandt; Marry Goldsmith; Daniel G. and Carolyn Gibson, Jr.; Justin and Tamra Martin and Farwest, LLC, Dated: January 2, 2003 Recorded: January 24, 2003 Instrument No: 103012598 15. Terms, conditions, and, restrictions contained in a City of Meridian Ordinance No, 03-998. Recorded: January 24, 2003 Instrument No: 103012601 16. Terms, provisions, conditions, restrictions and easements contained in a Pumping Station Easement Agreement by and between Kelly Fulfer and Brenda Fulfer, husband and wife and Lochsa Falls, L.L.C., an Idaho limited liability company. Dated: November 12, 2002 Recorded: May 14, 2003 Instrument No: 103079749 ALTA Commitment Schedule 8 - Section it (A0324967.PFO/AO324967/10) (10/6182) TITLEONE CORPORATION Authorized agent for. FIDELITY NATIONAL TITLE INSURANCE COMPANY Commitment Number: A0324967 ST SCHEDULE B -SECTION 11 EXCEPTIONS (Continued) 17. Terms, provisions, conditions, and, restrictions contained in a Construction, Operation and Maintenance Agreement for Lochsa Falls Subdivision by and between Settlers Irrigation District and Lochsa Falls, LLC, an Idaho limited liability company. Dated: May 19, 2003 Recorded: May 28, 2003 Instrument No: 103087464 18. Terms, provisions, conditions, and, restrictions contained in a Late Comers Agreement by and between Farwest LLC, an Idaho Limited Liability Company and the City of Meridian. Dated: July 16, 2003 Recorded: July 28, 2003 Instrument No: 103124771 19. 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. 20. Right, title, and interest of the spouse of any party vested in title, if married, and any matters which may appear against the spouse of any party vested in title. ALTA Commitment Schedule 8 - Section II (A0324967.PFD/AO324967/10) (10/6182) TITLEONE CORPORATION Authorized agent for. FIDELITY NATIONAL TITLE INSURANCE COMPANY Commitment Number: A0324967 ST SCHEDULE C PROPERTY DESCRIPTION The land referred to in this Commitment is described as follows: A parcel of land being a portion of the Northwest Quarter of Section 26, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the Section corner common to Sections 22, 23, 26 and 27, Township 4 North, Range 1 West, Boise Meridian; thence South 00°21'10" West 1973.71 feet along the West line of the Northwest Quarter to a point; thence South 89°08'39" East 38.00 feet to a point on the proposed East right of way of Ten Mile Road, the REAL POINT OF BEGINNING of this description; thence South 89008'39" East 255.34 feet to a point; thence North 00021'10" East 297.98 feet to a point; thence South 89°08'39" East 363.18 feet to a point; thence South 00°21'10" West 481.33 feet to a point; thence North 89008'53" West 618.52 feet to a point on the proposed East right of way of Ten Mile Road; thence North 00°21'10" East 183.38 feet along said East right of way to the REAL POINT OF BEGINNING of this description. ALTA Commitment (A0324967.PMA0324967/7) Schedule C TITLEONE CORPORATION Authorized agent for. FIDELITY NATIONAL TITLE INSURANCE COMPANY Commitment Number: A0324967 ST CONTACT INFORMATION We would like to Thank You for your business. We appreciate the opportunity to serve you and the following contact information has been provided for your convenience during this transaction. If you have any title auestlons please contact your Title Officer: SCOTT THIEL TITLE OFFICER: sthiel@titleonecorp.com 1101 W. RIVER ST., STE 201 BOISE, IDAHO 83702 (208) 424-8511 PH (208) 424-0049 FX A copy of this commitment has been provided to: BRIAN MCCOLL WILSON & MCCOLL 420 W. WASHINGTON BOISE, ID 83701 Visit us at ourwebstte: www.tttleonecorp.com 1101 West River St., Ste 201 Boise, Idaho 83702 208.424.8511 fax 208.424.0049 12592W. Explorer Dr., Ste 150 Boise, Idaho 83713 208.323.4888 fax 208.323.4999 6700 E. Franklin Rd., Ste 170 Nampa, Idaho 83687 208.475.1155 fax 208.475.1156 TITLEONE CORPORATION Authorized agent for: FIDELITY NATIONAL TITLE INSURANCE COMPANY Commitment Number: A0324966 ST SCHEDULE A 1. Effective Date: December 12, 2003 at 07:30 AM 2. Policy (or Policies) to be issued: (a)ALTA Own. Policy (10117192) Proposed Insured: City of Meridian (b)ALTA Loan Policy (10117192) Proposed Insured: Endorsements: STANDARD COVERAGE Amount of Insurance: Premium: Amount of Insurance: Premium: Charges: $ 588,699.00 $ 1,855.25 3. The estate or interest In the land described or referred to in this Commitment and covered herein is: Fee Simple 4. Title to the estate or interest in said land at the effective date Is vested in: Marty Goldsmith, a single person and Lochsa Falls, L.L.C., an Idaho limited liability company 5. The land referred to in this Commitment is described as follows: SEE SCHEDULE C ATTACHED HERETO TITLEONE CORPORATION By: SCOTT THIEL, Authorized Officer ALTA Commitment Valid Only if Schedule B and Schedule A (1016182) Cover are Attached (AO324966.PFD1A0324966111) TITLEONE CORPORATION Authorized agent for. FIDELITY NATIONAL TITLE INSURANCE COMPANY Commitment Number: A0324966 ST SCHEDULE B - SECTION I REQUIREMENTS AND NOTES The following are the requirements to be complied with: a. A Warranty Deed from Marty Goldsmith, a single person and Lochsa Falls, L.L.C., an Idaho limited liability company to The City of Meridian. ALTA Commitment Schedule B - Section I (1016182) (A0324966.PMA0324966111) TITLEONE CORPORATION Authorized agent For. FIDELITY NATIONAL TITLE INSURANCE COMPANY Commitment Number: A0324966 ST SCHEDULE B - SECTION II EXCEPTIONS Schedule B of the policy or policies to be Issued will contain exceptions to the following matters unless the same ;are disposed of to the satisfaction of the company: 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. 3. 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. Taxes, Including any assessments collected therewith, for the year 2003 which are due and payable, but not delinquent. Parcel Number: SO426233815 Code Area: 242 Original Amount: $330.22 (Affects additional property) Parcel Number: SO426244210 Code Area: 242 Original Amount: $2,523.18 (Affects additional property) B. The land described herein is located within the boundaries of City of Meridian (208-888-4433) and is subject to any assessments levied thereby. ALTA Commitment Schedule B - Section II (A0324966.PFDIA0324966111) (1016182) TITLEONE CORPORATION Authorized agent for. FIDELITY NATIONAL TITLE INSURANCE COMPANY Commitment Number: A0324966 ST SCHEDULE B - SECTION II EXCEPTIONS (Continued) 9. The land described herein is located within the boundaries of Settlers Irrigation District (208-344-2471) and is subject to any assessments levied thereby. 10. All matters, and any rights, easements, interests or claims as disclosed by Record of Survey No. 1222 recorded March 30, 1988 as Instrument No. 8814703. 11. All matters, and any rights, easements, interests or claims as disclosed by Record of Survey No. 5007 recorded June 1, 2000 as Instrument No. 100042752. 12. Terms, provisions, conditions, and, restrictions contained in a Memorandum of Agreement by and between Westpark Company, Inc., an Idaho corporation; Parkland, LLC, an Idaho limited liability company; Greg Johnson; Marty Goldsmith, a single man and Farwest, LLC, an Idaho limited liability company. Dated: November 30, 2000 Recorded: January 10, 2001 Instrument No: 101002398 13. An easement for the purpose shown below and rights incidental thereto as set forth In a Grant of Drainage Easement. Granted to: Justin and Tamra Martin Purpose: Drainage Recorded: August 8, 2001 Instrument No.: 101080742 14. Terms, provisions, conditions, and, restrictions contained In a Crossing Agreement by and between Settlers Irrigation District and Farwest, L.L.C., an Idaho limited liability company. Dated: November 22, 2002 Recorded: November 26, 2002 Instrument No: 102140161 15. Terms, provisions, conditions, and, restrictions contained in a Development Agreement by and between LeRoy E. Brandt for LeRoy E. Brandt Family Limited Partnership and Elroy Brandt; Elroy Brandt for LeRoy E. Brandt Family Limited Liability Partnership and Elroy Brandt; Marty Goldsmith; Daniel G. and Carolyn Gibson, Jr.; Justin and Tamra Martin and Farwest, LLC. Dated: January 2, 2003 Recorded: January 24, 2003 Instrument No: 103012598 ALTA Commitment Schedule B - Section II (A032496ORMIA0324966I11) (1016/82) TITLEONE CORPORATION Authorized agent for. FIDELITY NATIONAL TITLE INSURANCE COMPANY Commitment Number: A0324966 ST SCHEDULE B - SECTION Il EXCEPTIONS (Continued) 16. Terms, provisions, conditions, and, restrictions contained In City of Meridian Ordinance No. 03-998. Recorded: January 24, 2003 Instrument No: 103012601 17. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted to: Justin G. Martin and Tamra J. Martin Purpose: Locating, establishing, constructing, maintaining, replacing, repairing and operating underground utilities Recorded: March 13, 2003 Instrument No.: 103041486 18. Terms, provisions, conditions, restrictions and easements contained in a Pumping Station Easement Agreement by and between Kelly Fulfer and Brenda Fulfer, husband and wife and Lochsa Falls, L.L.C., an Idaho limited liability company. Dated: November 12, 2002 Recorded: May 14, 2003 Instrument No: 103079749 19. Terms, provisions, conditions, and, restrictions contained In a Construction, Operation and Maintenance Agreement for Lochsa Falls Subdivision by and between Settlers Irrigation District and Lochsa Falls, LLC, an Idaho limited liability company. Dated: May 19, 2003 Recorded: May 28, 2003 instrument No: 103087464 20. Terms, provisions, conditions, and, restrictions contained in a Late Comers Agreement by and between Farwest LLC, an Idaho limited liability company and the City of Meridian. Dated: July 16, 2003 Recorded: July 28, 2003 Instrument No: 103124771 21. An easement for the purpose shown below and rights Incidental thereto as set forth in a Sanitary Sewer and Water Main Easement. Granted to: Lochsa Falls LLC and the City of Meridian Purpose: Sanitary sewer and water main right-of-way Recorded: August 14, 2003 Instrument No.: 103137105 ALTA Commitment Schedule 8 - Section II (A0324966.PFD1A0324966111) (1016162) TITLEONE CORPORATION Authodzed agent for. FIDELITY NATIONAL TITLE INSURANCE COMPANY Commitment Number: A0324966 ST SCHEDULE B - SECTION II EXCEPTIONS (Continued) 22. 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. 23. Right, title, and interest of the spouse of any party vested In title, if married, and any matters which may appear against the spouse of any party vested in title. ALTA Commitment Schedufe 8 - Sectlon II (A0324956.PFDIA0324966111) (1016182) TITLEONE CORPORATION Authorized agent for. FIDELITY NATIONAL TITLE INSURANCE COMPANY Commitment Number: A0324966 ST SCHEDULE C PROPERTY DESCRIPTION The land referred to in this Commitment is described as follows: A parcel of land being a portion of the Northwest Quarter of Section 26, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the Section corner common to Sections 22, 23, 26 and 27, Township 4 North, Range 1 West, Boise Meridian; thence South 00°21'10" West 2633.71 feet to the Southwest corner of the Northwest Quarter of said Section 26; thence South 89°08'53" East 38.00 feet along the South line of said Northwest Quarter to a point on the proposed East right of way of Ten Mile Road, the REAL POINT OF BEGINNING of this description; thence North 00021'10" East 194.62 feet along said East right of way to a point; thence South 89°38'50" East 218.00 feet to a point; thence North 00°21'10" East 280.09 feet to a point; thence South 89008'53" East 400.51 feet to a point; thence North 00°21'10" East 481.33 feet to a point; thence South 89°08'39" East 653.24 feet to a point; thence North 00029'24" East 99.24 feet to a point on a curve; thence 10.47 feet along a curve to the right, said curve having a radius of 20.00 feet, a central angle of 30000'00", a tangent of 5.36 feet and a chord of 10.35 feet which bears South 74"30'36" East to a point on a curve; thence South 00029'24" West 84.30 feet to a point; thence South 41'43'27" East 114.98 feet to a point on a curve; thence 124.65 feet along a curve to the left, said curve having a radius of 125.00 feet, a central angle of 57°08'03", a tangent of 68.06 feet and a chord of 119.55 feet which bears South 29003'45" West to a point of tangency; thence South 00029'44" West 585.00 feet to a point of tangency; thence 61.30 feet along a curve to the left, said curve having a radius of 75.00 feet, a central angle of 46°49'35", a tangent of 32.48 feet and a chord of 59.60 feet which bears South 22°55'04" East to a point on a curve; thence South 43°40'09" West 20.00 feet to a point; thence South 0002944" West 125.97 feet to a point on the South line of said Northwest Quarter; thence North 89008'53" West 1309.47 feet along said South line to the REAL POINT OF BEGINNING. ALTA Commitment (A0324966.PFO/AD324966/11) Schedule C TITLEONE CORPORATION E Authorized agent for. FIDELITY NATIONAL TITLE INSURANCE COMPANY Commitment Number: A0324966 ST CONTACT INFORMATION We would like to Thank You for your business. We appreciate the opportunity to serve you and the following contact information has been provided for your convenience during this transaction. If you have any title 4uestions please contact your Title Officer: SCOTT THIEL TITLE OFFICER: sthiel@tltleonecorp.com 1101 W. RIVER ST., STE 201 BOISE, IDAHO 83702 (208) 424-8511 PH (208) 424-0049 FX A copy of this commitment has been provided to: BRIAN MCCOLL WILSON & MCCOLL 420 W. WASHINGTON BOISE, ID 83701 Visit us at our website: www.titleonecorp.com 1101 West River 5t., Ste 201 Boise, Idaho 83702 208.424.8511 fax 208.424.0049 12592 W. Explorer Dr., Ste 150 Boise, Idaho 83713 208.323.4888 fax 208.323.4999 5700 E. Franklin Rd., Ste 170 Nampa, Idaho 83657 208.478.1155 fax 208.475.1156 December 22, 2003 DELIVER TO: BRIAN MCCOLL WILSON & MCCOLL 420 W. WASHINGTON BOISE, ID 83701 Thank you for choosing TitleOne Corporation for your title insurance needs. Enclosed you will find the following: Title Insurance Commitment, Order No. A0324966 Ref: CITY OF MERIDIAN/MARTY GOLDSMITH Should you have any questions regarding this title report, your Title Officer is SCOTT THIEL, 208-424-8511.