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.
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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.
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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
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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.