Consent to Exchange & Disclaimer of InterestCONSENT TO EXCHANGE AND DISCLAIMER OF INTEREST
TPIS CONSENT TO EXCHANGE AND DISCLAIMER OF INTEREST is made
this day of2001 by WESTERN ADA RECREATION DISTRICT, a politica)"
subdivision of the a e o Idaho.
WHEREAS, by Special Deed dated April 19, 1994, recorded as Instrument No.
94053196, records of Ada County, Idaho, James W. Fuller and Lois Jean Fuller,
husband and wife, conveyed to the City of Meridian, an Idaho municipal corporation,
certain real property described therein which deed contained the following provision:
The purpose of this deed is to grant the conveyed property to the City of
Meridian for the express and limited purpose of developing said property
for public golf course purposes. This grant and conveyance is limited to
this purpose and should the City of Meridian fail to develop said property
for public golf course purposes within ten (10) years of the date of this
deed, the property granted and conveyed herein shall automatically vest
and be granted to Western Ada Recreation District (WARD) a political
subdivision of the State of Idaho, its heirs, successors and assigns.
WHEREAS, the City of Meridian has developed the real property described in
said Special Deed for public golf course purposes as contemplated in the said Special
Deed; and
WHEREAS, the City of Meridian has entered into a Land Exchange Agreement
with Steiner Development, LLC, an Idaho limited liability company, dated October 3;
2000, whereby that certain real property described in Exhibits A and B attached hereto
is to be conveyed to Steiner Development, LLC in exchange for certain other real
property owned by Steiner Development, LLC, together with other valuable
consideration; and
WHEREAS, the real property described in Exhibits A and B attached hereto is a
portion of the real property conveyed to the City of Meridian by the Fullers described
herein above; and
WHEREAS, Western Ada Recreation District desires to consent to the exchange
contemplated by the hereinabove described Land Exchange Agreement and disclaim
any and all right, title and interest in and to the real property described in Exhibits A and
B attached hereto.
NOW, THEREFORE, for good and valuable consideration, the receipt and
sufficiency of which is acknowledged, Western Ada Recreation District does, for itself
and its successors and assigns hereby consent to the conveyance to Steiner
CONSENT TO EXCHANGE AND DISCLAIMER OF INTEREST, Page 1
GASteww Developmentkonaent•to exchange.doe Mi
Development, LLC of that certain real property described in Exhibits A and B attached
hereto and does hereby disclaim any and all right, title and interest in the same.
WESTERN ADA RECREATION DISTRICT
ATTEST:
Its
STATE OF IDAHO
ss
County of Ada )
On this Yh day of July 2001, before me, a notary public,
personally appeared _ U)aj4- �✓lorro&j and /x��,�,�Johhsa•� , who,
being by me first duly sworn, declared that they are the and
lice ?re 5'.dPhf of Western Ada Recreation District, that they signed the
foregoing document as Preside*t+ and Vi-Brec;,(ctit of the
political subdivision, and that the statements therein contained are true.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year in this certificate first above written.
,�q�tin�ngp� .•� ao az i�t,
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4lJ'••i� No ry P lic for Idaho
Hand •� R idi at ;a�'ah
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CONSENT TO EXCHANGE AND DISCLAIMER OF INTEREST, Page 2
GASteiner oeveropmenticoneent to exehwge.doc SW1
Ic � �f
! I I I29: S. Eagle Ri he way Boise, o 83;09 (308) 373-6387 Fax (308) 3784025
PROJECT: 549429
DATE: April 2. 1999
DESCRIPTION FOR STEINER DEVELOPMENT
AND TTHE CITY OF MERIDIAN
A PORTION OF THE NORTHWEST QUARTER
SECTION 3
T. 3 N., R I W., B.M.
XERIDLaN, ADA COUNZTY, IDAHO
A portion of the Northwest Quarter of Szotion 3, T. 3 N.. R. 1 W., B. M., Meridian. Ada County, Idaho
and more particularly described as follows:
Beginning at a Brass cap marking the Northeast corner of the Northwest Quarter of Section 3, T. 3 N.,
R. l W., B.I., Meridian. Ada County. Idaho;
thence along the Easterly boundary of :he said Northwest Quarter of Section 3. South 00°27'29" West
1,=65.57 feet to an iron pin mar'.:ing the Southeast corner of the Northeast Quarter of the Northwest
Quarter of Section 3, said iron pin also being on the Northerly boundary of The Lake At Cherry Lane No. 4
Subdivision as tiled for record in the office of the Ada County Recorder_ Boise, Idaho, in Book 74 of Placs
at Pages 7674 and 7675;
thence leaving said Easterly boundary. and along the said Northerly boundary of The Lake At Cherry
Lane No. 4 Subdivision, North 390 13153" West 301.76 feet to an iron pin marking the Northwest corner of
said The Lake At Cherry Lane No. 4 Subdivision;
thence leaving said Northerly boundary, and along the Westerly boundary of said The Lake At Cherry
Lane No. 4 Subdivision, South 00"30'13'* West 436.13 feet to an iron pin;
thence leaving said Westerly boundary North 39029'54" West 74.97 feet to an iron pin;
thence South 73°53'05" West 133.47 feet to an iron pin, said iron pin being the REAL. POINT OF
BEGINNING;
thence South I 1°45'06" West 306.39 feet to an iron pin;
thence South 00130'06" West 15.1.08 feet to an iron pin,
thence southwesterly 24.54 feet along the arc of a curve to the lek said curve having a radius of 425.00
feet, a central angle of 03° 13'29", and a chord bearing South 30°53'03" West 24.54 feet, to a point on the
easterly right-of-way of the Eight dile Lateral;
thence along said easterly right-of-way North 00042' 19" East 347.61 feet to a point;
thence leaving said easterly right-of-way North 73053'05" East 64.54 feet to the ULU POINT OF
BEGINNING, comprising 0.278 acres, mare or less.
Chrsub8c.doc Page l of 2
Pacific :and Surveyors. a division of POw _'R caginr_rs. fnc.. sn tdsho Coroonaon
SUBJECT TO:
All existing easements and road rights-of-way of record or appearing on the above-described
parcel of an
Prepared by:
GISTE
7,��, j
9TF O F ,Q* Gip
C. yyE1.t�� Z 7
y
Pacific Land Surveyors
SCW/EDM Steven C. Wellington, P.L.S.
Chrsub8c.doc Page 3 of 3
/ 1 1
1295 S. Eagle Right Way Boise, lD 33709 (208)r,3-6337 Fax(208)3-73.0025
PROJECT: 549429
DATE: January 6, 1999
Exhibit B
DESCRIPTION FOE, S i cINER DEVELOPMENT
A PORTION OF THE NORTHWEST QUARTER
SECTION 3
T. 3 N., R. I W., B.M.
NfERlDL-k , ADA COUNTY, IDAHO
A portion of the Northwest Quarter of Section 3, T. 3 N., R. I W., B.'VL, Meridian, Ada County, Idaho
and more particularly described as follows:
Beginning at a Brass cap marking the Northeast corner of the Northwest Quarter of Section 3, T. 3 N.,
R. I W., B.,'YL, Meridian, Ada County, Idaho;
J
thence along the Easterly boundary of rhe said Northwest Quarter of Section 3, South 00°27'29" West
1,365.57 feet to an iron pin marking the Southeast comer of the Northeast Quarter of the Northwest
Quarter of Section 3. said iron pin also being on the Northerly boundary of The Lake At Cherry Lane No. 4
Subdivision as filed for record in the office of the Ada County Recorder, Boise, Idaho, in Book 74 of Plats
at Pages 7674 and 7675,
thence leaving said Easterly boundary. and along the said Northerly boundary of The Lake At Cherry
Lane No. 4 Subdivision, North 89013'.58" West 301.76 feet to an iron pin marking the Northwest comer of
said The Lake At Cherry Lane No. 4 Subdivision;
thence leaving said Northerly boundary, and along the Westerly boundary of said The Lake At Chem
Lane No. 4 Subdivision. South 0003013" West 486.13 feet to an von pin, said iron pin being the REAL
POINT OF BEGINNING:
thence continuing along said Westerly boundary, South 00°30'13" West 19.38 feet to a point.
thence leaving said Northwesterly boundary, North 39029'45" West 79.95 feet to a point;
thence South 73033'49" West 132.71 feet to a point;
thence North l l°45'06" East 20.62 feet to a point;
thenc: North 73°53'05" East 133.47 feet co a point:
thence South 39°29'54" East 74.99 feet to the point of beginning, comprising 0.11 acres, more or less.
Chrsub8b
SUBJECT T0:
All existing easements and road rights-of-way of record or appearing on the above-described.
parcal of land.
SCW/Er7M
Chrsub8b
Prepared by:
Pacific Land Surveyors
Stephen C. Weilington. P.L.S.
ir
., U V U ( U
AGREEMENT
✓ v. J am. I J
THIS AGREEMENT (this "Agreement') made and entered into this q day of j alt, 1996,
between the City of Meridian, a municipal corporation ("City"), or its a!i j amd Boise_rf---rach± enter, Inc.,
an Idaho corporation ("BRC"). :7�
RECITALS:
A. BRC owns land in the vicinity of the existing City municipal golf course, which is more
particularly described on Exhibit A, attached hereto and made a part hereof, and is sometimes referred to
herein as the "Subject Real Property."
B. City intends to improve the Subject Real Property with an addition of approximately two golf
holes, including fairways, tees and greens (the "Addition") to the existing City municipal golf course.
C. BRC desires to transfer the Subject Real Property to City and City desires to have the Subject
Real Property transferred, subject to the terms and conditions contained herein.
D. City's Council has duly convened and reviewed this Agreement and determined that the
Agreement and the transfer of the Subject Real Property on the terms and conditions hereinafter set forth serve
the best interests of City.
NOW, THEREFORE, for valuable consideration, including the transfer of the Subject Real Property,
the receipt and sufficiency of which is hereby acknowledged and agreed, the recitals above, which are hereby
incorporated herein, and the mutual promises and agreements herein contained, the parties hereto agree as
follows:
1 • AGREEMENT OF TRANSFER BRC agrees to transfer and convey and City agrees to have
transferred and conveyed, subject to and upon the terms and conditions hereinafter set forth, the land legally
described in Exhibit A.
2. TRANSFER The transfer of the Subject Real Property shall occur on execution and delivery
of the Deed of Gift and this Agreement. The delivery of the Deed of Gift and this Agreement shall take place
at the office of City's Attorney or Meridian City Hall. The Subject Real Property shall be transferred with a
deed substantially similar to the deed of gift attached hereto as Exhibit B and made a part hereof (the "Deed of
Gift"). Possession of the Subject Real Property shall be delivered to City upon delivery of the Deed of Gift
and this Agreement. General real estate taxes shall be prorated as of the date of the Deed of Gift. Recording
fees shall be divided equally.
3. GOLF COURSE PLAN. City has commenced and shall continue, all at its cost and expense
(with assistance, donations and fees from others, which may include assignees of other land owned by BRC),
immediately following the delivery of the Deed of Gift and this Agreement, the construction of improvements
to the Subject Real Property (the "Golf Course Improvements") substantially in compliance with the general
scheme and layout for the Golf Course Improvements as provided on the plan, attached hereto as Exhibit C
and made a part hereof (the "Golf Course Plan"). City has and shall be the general contractor in connection
with such Golf Course Improvements for the Addition in accord with the Golf Course Plan, or the City may
enter into contracts for the construction of the Golf Course Improvements on the Subject Real Property.
City shall have the right to make any reasonable modifications and/or changes to the Golf Course
Plan which are necessary to solve engineering, layout and/or design problems not reasonably foreseeable at
the time of execution of this Agreement, without BRC approval, provided BRC shall be informed of all such
changes and shall be entitled to immediately advise City of any concerns BRC may have regarding such
changes.
AGREEMENT- 1
BRClashford\dev.agr
4. LONG-TERM MAINTENANCE AND OPERATION. The City acknowledges that the
maintenance and operation of the Addition as required by this Agreement is a material consideration to BRC.
Following the execution hereof, and the construction of the Golf Course Improvements on the Subject Real
Property, City or City's lessee of the Golf Course shall conduct and carry out the lonb term maintenance and
operation of the Addition including, without limitation, golf course landscape maintenance. The maintenance
and operation of the Addition shall require, without limitation, that the City or its lessee operate and cause the
Addition to be used in accordance with the USGA Rules, shall prohibit uses of the Addition which are
inconsistent with its use as a Golf Course, shall be maintained as per USGA maintenance and operation
standards, as amended from time to time, and in a manner not inconsistent with that certain Agreement of
Lease, defined below. The maintenance and operation of the Golf Course Improvements on the Addition are
intended to preserve the natural appearance and beauty of the Addition and which will preserve the Addition
as a valuable asset and amenity to the City. City and BRC acknowledge that the municipal Golf Course is
leased, operated and maintained under that certain Agreement of Lease, dated October 3, 1978, as may be
amended, and agree that if there is a conflict between the terms, conditions and agreements of this Agreement
and the Agreement of Lease, as may be amended, the Agreement of Lease, as may be amended, shall control,
except that this Agreement shall expire after ten (10) years.
5. DEFAULT, REMEDIES- REMEDIES CUMULATIVE. In the event of a default hereunder, the
non -defaulting party shall be entitled to all rights and remedies available at law or in equity, including,
without limitations damages and equitable relief. Each right, power and remedy provided for herein or now
or hereafter existing in law, in equity, by statute or otherwise shall be cumulative and concurrent and shall be
in addition to every other right, power or remedy provided for herein or now or hereafter existing at law, in
equity, by statute or otherwise, and the exercise or beginning of the exercise or the forbearance of exercise by
any party of any one or more of such rights, powers or remedies shall not preclude the simultaneous or later
exercise by such party of any or all of such other rights, powers or remedies. Provided, however, that BRC
shall provide City with sixty (60) days written notice of any alleged default, which notice shall provide the
specifics and details of the alleged default.
6. ATTORNEYS' FEES. In the event of any controversy, claim or action being filed or instituted
between the parties to this Agreement to enforce the terms and conditions of this Agreement or arising from
the breach of any provision hereof, the prevailing party will be entitled to receive from the other party all
costs, damages, and expenses, including reasonable attorneys' fees, incurred by the prevailing party, whether
or not such controversy or claim is litigated or prosecuted to judgment. The prevailing party will be that party
who was awarded judgment as a result of trial or arbitration.
7. WAIVER. No representation, warranty, covenant, term, agreement or condition or the
breach hereof shall be deemed waived except by written consent of the party against whom the waiver is
claimed, and any waiver of the breach of any representation, warranty, covenant, term, agreement or
condition shall not be deemed to be a waiver of any other representation, warranty, covenant, term,
agreement or condition herein. Acceptance by a party of any performance by another party after the time the
same shall have become due shall not constitute a waiver by the first party of the breach or default of any
such representation, warranty, covenant, term, agreement or condition unless otherwise expressly agreed to
by the first party in writing.
8. ENFORCEMENT. The parties agree that this Agreement shall be construed under the laws of
the State of Idaho.
9. FORCE MAIEURE. Any prevention, delay or stoppage due to strikes, lockouts, labor
disputes, acts of God, inability to obtain labor or materials or reasonable substitutes therefore, governmental
restrictions, governmental regulations, governmental controls, enemy or hostile governmental action, civil
commotion fire or other casualty, and other causes beyond the reasonable control of the party obligated to
perform, shall excuse the performance by such party for a period equal to any such prevention, delay or
stoppage.
AGREEMENT - 2
B RClashfordldev.agr
10. SEVERABILITY. If any term or provision of this Agreement shall, to any extent be determined
by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Agreement shall not
be affected thereby, and each term and provision of this Agreement shall be valid and be enforceable to the
fullest extent permitted by law; and it is the intention of the parties hereto that if any provision of this
Agreement is capable of two constructions, one of which would render the provision void and the other of
which would render the provision valid, the provision shall have the meaning which renders it valid.
11. ENTIRE AGREEMENT. Except for the other written agreements described herein, this
Agreement embodies the entire agreement between the parties hereto and there shall be no oral agreements
existing between the parties relative to the subject matter hereof. This Agreement may only be amended by
written document executed by all of the parties hereto.
12. TIME OF THE ESSENCE. It is understood by the parties hereto that time is of the essence of
this Agreement.
13. ADDITIONAL ACTS. Except as otherwise provided herein, in addition to the acts and deeds
recited herein and contemplated to be performed, executed and/or delivered by the parties, the parties hereby
agree to perform, execute and/or deliver or cause to be performed, executed and/or delivered any and all
such further acts, deeds and assurances as any party hereto may reasonably require to consummate the
transactions contemplated hereunder and/or the warranties, covenants, terms, agreements and/or conditions
contained herein.
14. HEADINGS. The headings contained in this Agreement are for reference purposes only and
shall not in any way affect the meaning or interpretation hereof.
15. SURVIVAL; BINDING EFFECT. The representations, warranties, covenants, terms,
agreements and conditions contained in this Agreement shall survive the execution of this Agreement and the
delivery and recording of the Deed of Gift, and this Agreement shall not be merged therein, but shall remain
binding upon and for the parties hereto until fully observed, kept, performed or terminated. This Agreement
shall be binding upon and inure to the benefit of the parties hereto, all successor owners of record of all or
any part of the Subject Real Property, any and all assigns, lessees thereof and any successor municipal
authorities of City and successor municipalities for a period of ten (10) years from the date of completion of
construction of the Golf Course Improvements on the Subject Real Property.
16. NOTICE. Any notice or demand from or to the parties hereto shall be personally delivered
by special courier, or mailed by first class United States mail addressed to the address set forth below or such
other address as a party hereto shall have last designated by notice in writing to the other party as provided
herein. Notice shall be deemed delivered on the date actually received or two (2) days after mailing,
whichever is first.
If to BRC:
Boise Research Center, Inc.
12426 W. Explorer Dr., Suite 220
Boise, Idaho 83713
Attn: David Turnbull
If to City:
City of Meridian
911 Meridian St.
Meridian, ID 83642
Attn: City Attorney
AGREEMENT - 3
B RC\ashford\dev.agr
17. CONSTRUCTION. All parties hereto have been represented by counsel in the course of the
negotiations for and the preparation of this Agreement; accordingly, in all cases, the language of this
Agreement will be construed simply, according to its fair meaning, and not strictly for or against any parry.
18. RECORDING. This Agreement shall be r recorded simultaneously with the execution hereof.
19. COUNTERPARTS AND DUPLI ATE ORIGINAL . This Agreement may be executed in any
number of counterparts and duplicate originals, each of which shall be deemed an original, but all of which
shall constitute one and the same instrument.
IN WITNESS WHEREOF, the parties have set their hands the date and year first above written, the
same being done after public hearing, notice and statutory requirements having been fulfilled.
City:
THE CITY OF MERIDIAN, a
municipal corporation
I
` G ��Ar�o � By. .
s: Mayor
SEAL = -
Attes
t:
� ty ,
Clerk
C'�i9�T`i1"1``.�``` BRC:
Boise Research Center, Inc., an Idaho corporation
By: U
Its: vice A2CW0=,-
AGREEMENT - 4
B RClashfordldev.agr
STATE OF IDAHO )
) ss:
County of Ada )
On this a5 day of , 1996, before me, the undersigned, a Notary Public in and
foesaid State, personally appe r d DAVID W. TORNBULL, known to me to be the Vice -President of BOISE
RESEARCH CENTER, INC., an Idaho Corporation, the Corporation that executed the foregoing instrument or
the person who executed the foregoing instrument on behalf of said Corporation, and acknowledged to me
that such Corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in
this ggificate first above written.
AMS •.,
~'
110 T �% A '•
�'• i'n : Notary Public f(a�Idaho
�cnA :• UBLIC
•�? # Residing at �e�5�. , Idaho
•••y�'., • My Commission Expires: '1 6 a000
STATE OF IDAHO )
) ss:
County of Ada )
On this 3-1 day of 1996, before me, the undersigned, a Notary Public in and for
said State, personally appeaBERT CORRIE and WILLIAM G. BERG, )R., known to me to be the
Mayor and City Clerk of CIre MERIDIAN, IDAHO, an Idaho Municipal Corporation, the Municipal
Corporation that executed the foregoing instrument on behalf of said Municipal Corporation, and
acknowledged to me that such Municipal Corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in
this certificate first above written.
P
• TA
s
(SEAL)
i �.�..
AGREEMENT - 5
B RClashford\dev.agr
tiding at
Commission Expires:
EXHIBIT A
LEGAL DESCRIPTION OF SUBIECT REAL PROPERTY
AGREEMENT - 6
BRClashfordldev.agr
EXHIBIT A
File Number: P150056
A PORTION OF THE WEST HALF OF SECTION 3, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE
MERIDIAN. MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARY DESCRIBED AS FOLLOWS:
COMMENCING AT THE 6ORNER COMMON TO SECTIONS 4, 9, 10 AND THE SAID SECTION 3; THENCE
NORTH 0 DEGREE 38'11" EAST 2651.19 FEET TO THE QUARTER CORNER COMMON TO SAID SECTIONS 3
AND 4 AS SAME WAS REESTABLISHED BY LS 972 (CP & F INSTRUMENT NO. 7852146, RECORDS OF ADA
COUNTY, IDAHO); FROM WHICH THE NORTHWEST CORNER OF SAID SECTION 3 BEARS
NORTH 0 DEGREE 38'27" EAST 2697.49 FEET; THENCE
NORTH 0 DEGREE 38'27" EAST 22.64 FEET TO A 5/8" IRON PIN; THENCE
SOUTH 88 DEGREES 55'31" EAST 379.53 FEET TO THE REAL POINT OF BEGINNING; THENCE
CONTINUING
SOUTH 88 DEGREES 55'31" EAST 182.65 FEET TO A POINT; THENCE
SOUTH 8 DEGREE 1810" EAST 440.66 FEET TO A POINT; THENCE
SOUTH 16 DEGREES 18'25" WEST 218.04 FEET TO A POINT; THENCE
NORTH 89 DEGREES 13'51" EAST 540.22 FEET TO A POINT; THENCE
NORTH 71 DEGREES 43'34" EAST 442.46 FEET TO A POINT; THENCE
NORTH 10 DEGREES 33'50" EAST 487.84 FEET TO A POINT; THENCE
SOUTH 88 DEGREES 55'31" EAST 124.84 FEET TO A POINT; THENCE
SOUTH 50 DEGREES 38'25" EAST 89.99 FEET TO A POINT; THENCE 165.33 FEET ALONG THE ARC OF A
CURVE TO THE RIGHT, HAVING A RADIUS OF 250.25 FEET, A CENTRAL ANGLE OF 37 DEGREES 51'08
AND A LONG CHORD BEARING SOUTH 31 DEGREES 42'52" EAST 162.34 FEET TO A POINT; THENCE
NORTH 89 DEGREES 29'44" WEST 120.24 FEET TO A POINT, THENCE
SOUTH 4 DEGREE 27'17" EAST 80.30 FEET TO A POINT; THENCE
SOUTH 0 DEGREE 30'16" WEST 230.52 FEET TO A POINT; THENCE
SOUTH 10 DEGREES 31'20" WEST 123.51 FEET TO A POINT; THENCE
SOUTH 30 DEGREES 14'07" WEST 119.57 FEET TO A POINT; THENCE
SOUTH 50 DEGREES 50'29" WEST 134.39 FEET TO A POINT; THENCE
SOUTH 71 DEGREES 28'48" WEST 120.64 FEET TO A POINT; THENCE
SOUTH 82 DEGREES 45'52" WEST 225.84 FEET TO A POINT; THENCE
SOUTH 89 DEGREES 02'57" WEST 67.30 FEET TO A POINT; THENCE
NORTH 89 DEGREES 10'41" WEST 825.06 FEET TO A POINT; THENCE
NORTH 77 DEGREES 29'20" WEST 148.07 FEET TO A POINT; THENCE
NORTH 89 DEGREES 10'41" WEST 160.40 FEET TO A POINT LYING 65.00 FEET EAST OF THE WEST
BOUNDARY OF SAID SECTION 3; THENCE ALONG A LINE 65.00 FEET EAST OF AND PARALLEL TO THE
WEST BOUNDARY OF SAID SECTION 3
NORTH 0 DEGREES 38'11" EAST 247.64 FEET TO A POINT; THENCE
SOUTH 89 DEGREES 21'49" EAST 156.03 FEET TO A POINT; THENCE
NORTH 45 DEGREES 03'16" EAST 163.61 FEET TO A POINT; THENCE
NORTH 5 DEGREE 39'31" EAST 502.42 FEET TO THE POINT OF BEGINNING.
AND ALSO
A PORTION OF THE WEST HALF OF SECTION 3, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE
MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE CORNER COMMON TO SECTIONS 4, 9, 10 AND THE SAID SECTION 3; THENCE
NORTH 0 DEGREE 38'11" EAST 2651.19 FEET TO THE QUARTER CORNER COMMON TO SAID SECTIONS 3
AND 4 AS SAME WAS REESTABLISHED BY LS 972 (CP & F INSTRUMENT NO. 7852146. RECORDS OF ADA
COUNTY, IDAHO); FROM WHICH THE NORTHWEST CORNER OF SAID SECTION 3 BEARS
NORTH 0 DEGREE 38'27" EAST 2697.49 FEET; THENCE
CONTINUED
P150056
NORTH 0 DEGREE 38'27' EAST 22.64 FEET TO A 5/8" IRON PIN; THENCE
SOUTH 88 DEGREES 56'31" EAST 1977.72 FEET TO A 5/8" IRON PIN AND THE REAL POINT OF
BEGINNING; THENCE
SOUTH 0 DEGREE 30'15' WEST 413.59 FEET TO A POINT; THENCE
NORTH 68 DEGREES 54-1 '"WEST 26.71 FEET TO A POINT; THENCE
NORTH 0 DEGREE 30'15" EAST 217.93 FEET TO A POINT; THENCE 211.88 FEET ALONG THE ARC OF A
CURVE TO THE LEFT, HAVING A RADIUS OF 249.75 FEET, A CENTRAL ANGLE OF 48 DEGREES 36'25"
AND A LONG CHORD BEARING NORTH 23 DEGREES 47'57" WEST 205.58 FEET TO A POINT; THENCE
SOUTH 88 DEGREES 55'31" EAST 109.62 FEET TO THE POINT OF BEGINNING.
END OF LEGAL DESCRIPTION
��bUbly�'r'
Exhibit B' Rn CC
L�
V. vHir ✓ t2tY 11, 1. 0
DEED OF GIFT i S I O
THIS DEED OF GIFT made this �4 r
3 day of 199 , Fl�tbve �g015f1 RESEA —H
CENTER, INC., an Idaho Corporation, whose address is 124 Explorgr. Dr., Suite 220, _Boise, Idaho
83713 ("Grantor") and CITY OF MERIDIAN, IDAHO, an Idaho Municio`a[poTatfom Wh'o _ _
address is 33 East Idaho Avenue, Meridian, Idaho 83642 ("Grantee"); rct� :"- "= L; F
WITNESSETH:
Section 1. Lgnve k .
AS A GIFT to Grantee, Grantor does hereby grant and convey to Grantee all of the real property
located in the County of Ada, State of Idaho, described on "Exhibit A" attached hereto and made a part hereof
(hereafter "Subject Real 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:
1. All taxes and assessments levied and assessed against the Subject Real Property,
including liens and assessments of any irrigation district, for the year 1997 and
thereafter. All such taxes and assessments, including liens.and assessments of any
irrigation district, for the year 1996 shall be pro -rated between Grantor and Grantee
as of the date of this Deed of Gift. All such taxes and assessments, including liens
and assessments of any irrigation district for the year 1995, and before shall be paid
by Grantor.
Easements and rights -of --way for roads, ditches, tunnels and utilities, which
easements and rights-of-way are of record on or before July 12, 1996, at 7:30 a.m.
or visible upon a physical inspection of the Subject Real Property.
3. Exceptions, reservations, terms, covenants and conditions of record on or before July
12, 1996, at 7:30 a.m.
Section 2. Acceptance.
By its acceptance below, Grantee shall be deemed to have accepted and agreed to comply with the
conditions and restrictions set forth in this Deed of Gift.
IN WITNESS WHEREOF, Grantor -has caused its corporate name to be su scribed by its Vice -
President pursuant to a resolution of its Board of Directors this � day of J.►k
1996.
BOISE RESEARCH CENTER, INC., an Idaho
Corporation
By
Vice-Presid4nt
STATE OF IDAHO )
ss:
County of Ada )
On this day of .7,Gt.�.i 1996, before me, the undersigned, a Nota Public i
for said State personally a Notary n and
p y ppeared ID W« TURNBULL, known to me to be the Vice -President of BOISE
RESEARCH CENTER, INC., an Idaho Corporation, the Corporation that executed the foregoing instrument or
the person who executed the foregoing instrument on behalf of said Corporation, and acknowledged to me
that such Corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in
this certificate first above written.
Notary Pu i for Idaho
Residing a pfQ.Q, Idaho
(SEAL) My Commission Expires:
ACCEPTANCE
CITY OF MERIDIAN, IDAHO, an Idaho Municipal Corporation, by its execution below, hereby
accepts the terms of the foregoing Deed of Gift, and agrees to accept title to the Subject Real Property subject
to the conditions and restrictions set forth therein, and agrees to comply with the same.
DATED this .23VJ day o 1996.
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SEAL
.� O 4 T f S'C • �0 ���
STATE OF IDAHO /'111",QU'M . ` ".�`�
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County of Ada )
CITY OF MERIDIAN, IDAHO,
an Municipal Corporation
On thiso63 day of 1996, before me the undersi ned, a Nota Public in
said State, personally appeared . (fit u t��fa� �� Notary and for
to be the %1� pr��, known to me
%I�Yk of CITY OF MERIDIAN, IDAHO, an Idaho Municipal Corporation, the
Corporation t at execute the foregoing instrument or the person who executed the foregoing instrument on
behalf of said Corporation, and acknowledged to me that such Corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in
this certificate first above written.
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(SEAL)
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fAgrE OF �VQ�0�,•
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NotaryPu i f Idoho
Residing at Idaho
My Commission Expires: _1Q-ZT-9S�
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