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Deed of Gift Boise Research Centerr 9606/987 1 a it VAR DEED OF-GIFT Ll i THIS DEED QF,GIFT made this da of 145,rcie n BdS�'RE�E�Y R H CENTER, INC., an Idaho corporation, whose address is 124 . Explorer -Dr., Suite 220, Boise, Idaho 83 713 ("Grantor") and CITY OF MERIDIAN, IDAHO, an Idaho Mun icipt1 ra�ipT., �r_h i ,sem r �# r:3� � .. i � si �. ii�.��k,.ti. address is 33 East Idaho Avenue, Meridian, Idaho 83642("Grantee"); fl Grantee1! ); W I T N ? SSETH: Section 1. Conveyac�. 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 Piop,)rty"). 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. 2. 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 121 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 subscribed by its Vice - President pursuant to a resolution of its Board of Directors this 23r�' day of .►� 1996. BOISE RESEARCH CENTER, INC., an Idaho Corporation By , Vice-Pres��nt STATE of IDAHO } } ss: County of Ada } On this 2j qday of WTU41 1995, before me the undersigned, Nota Public in and g a r}' for said State, personal ly appeared D&I D W. TU RN B U LL, 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. N WITH ESS IVH EREO F, I have hereunto set my hand and affixed my off icial seal the day and year in this certificate first above written. 4 Notary Pui fo30.4Z Idaho a Residing , Idaho My Commission Expires: &—rt—ig� (SEAL) 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 � day o 1996. CITY OF MERIDIAN, IDAHO, an Municipal Corporation .y SEAL -= �f� ch 4 e, STATE OF IDAHO 1)"I"U� 10y�4 �� 4 ATrc-f 1- County of Ada } &- .-I On th iso13 day of , 1996, before me the undersi ned, a Nota Public in and for 4 said State, personally appeared _i►i'x G"A ���[� r� known to me to be the Ma4 or 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. I N WIT ESS WHEREOF, I have hereunto set my hand and affixed my off icial seal the day and year i n this certificate first above written. 4 Notary Pu i f Idaho Residing at , Idaho My Commission Expires: Zy—qg EXHIBIT A Foe Dumber: PZW56 A PORTION OF THE NEST HALF OF SECTION 3, TOWN MERIC�IAN, II�IERIDIAN ADA SHIP 3 NORTH, RANGE 1 NEST, BOISE COUNTY, IDAHO, MORE PARTICULARY DESCRIBED AS FOLLOWS: COMMENCING AT THE CORNER COMMON TO SECTIONS NORTH D DEGREE 3811 " �, �, �0 AND THE SAID SECTION 3; THENCE EAST 2651.19 FEET TO THE QUARTER CORNER COMMON AND 4 AS SAME WAS REESTABLISHED BY LS 972 P TO SAID SECTIONS 3 COUNTY, IDAHO); �C & F INSTRUMENT NO. 7852146, RECORDS OF ADA , FROM WHICH THE NORTHWEST CORNER OF SAID SECTION NORTH 0 DEGREE 38'27" EAST 2697.49 FEET; 3 BEARS NORTH 0 DE � THENCE GREE 38'27" EAST 2.2.64 FEET TO A 5/8" IRON PIN; THENCE SOUTH 88 DEGREES 55'31'' EASE' 379.53 FEET TO THE REAL POINT CONTINUING OF BEGINNING; THENCE SOUTH 88 DEGREES 55'31" EAST 182.65 FEET TO A POINT; THENCE SOUTH 8 DEGREE 18'18" EAST 440.66 FEET TO A POINT; TN 5" ENCS SOUTH 16 DEGREES 1 8 2 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 38'50" EAST 487,84 FEET TO A POINT; THENCE SOUTH 88 DEGREES 55'31" EAST 12x4.84 FEET TO A POINT; THENCE SOUTH 53 DEGREES 38'25" EAST 89.99 FEET TO A POINT; THENCE 165.33 FE CURVE TO THE RIGHT, HAVING A RAD! ET ALONG THE ARC OF A US OF 250.25 FEET, A CENTRAL ANGLE OF 37 DEGREES 51'88 AND A LONG CHORD BEARING SOUTH 31 DEGREES 42'52" EAST 182.34 F NORTH 89 DEGREES 29'44"WEST 1FEET TO A POINT, THENCE 24.24 FEET TO A POINT; THENCE SOUTH 4 DEGREE 27`17" EAST 80.30 FEET TO A POINT; THENCE SOUTH 0 DEG AEE 30'15" WEST 230.52 FEET TO A POINT; THENCE SOUTH 10 DEGREES 31'20" WEST 123.51 FEET TO A POINT; THENCE SOUTH 30 DECREES 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 123.54 FEET TO A POINT; THENCE SOUTH 82 DEGREES 45'52" WEST 225.84 FEET TO A POINT; THENCE SOUTH 89 DEGREES 32'57" WEST 67.30 FEET TO A POINT; THENCE NORTH 89 DEGREES 10'41" WEST $25.06 FEET TO A POINT; THENCE NORTH 77 DECREES 29'20" WEST 148.07 FEET TO A POINT; THENCE NORTH 89 DECREES 10'41" WEST 158.40 FEET TO A POINT LYING 55.00 FEET EAST BOUNDARY OF SAID SECTION 3• THENCEO F THE NEST ALONG A LINE 65.88 FEET EAST OF ANIS PARALLEL TO THE WEST BOUNDARY OF SAID SECTION 3 NORTH 0 DEGREES 38'11" EAST 247,64 FEET TO A POINT; THENCE SOUTH 89 DEGREES 21'49" EAST 156.33 FEET TO A POINT; THENCE NORTH 45 DEGREES 33'16" EAST 163.61 FEET TO A POINT; THENCE NORTH 5 DEGREE 39'31" EAST 502.42 FEET TO THE POINT OF BEGINNING. AND ALSO A PORTION OF THE WEST HALF OF SECTION 3, TOWNSHIP 3 NORTH, RANGE 1 WESTt BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO MORE OSE IDAHO, PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CORNER COMMON TO SECTIONS 4, 9, 10 AND THE SAID SECTION 3; THENCE NORTH 0 DEGREE 38'11 " EAST 2651.19 FEET TO THE QUARTER CORNER COMMON TO SAID SECTIONS 3 AND 4 AS SAME WAS REESTABLISHED BY LS 972 (CP & F INSTRUMENT NO. 7852146. R COUNTY, IDAHO); FROM WHICH THE NORTHWEST ECOIDS OF ADA EST CORNER OF SAID SECTION 3 BEARS NORTH D DEGREE 38'27" EAST 2697.49 FEET; THENCE CONTINUED F150056 NORTH D DEGREE 38'2711 EAST 22.54 FEET TO 88DEGREES TG a 5/S�� IRON PIN; THENCE X5'3I" EAST 1977.72 FEET TO A 11 5 81RGN P BEGINNING; THENCE / �N AND THE REAL POINT OF SOUTH p DEG R EE 30'15 01 WEST 413.59 FE ET 1�DRTH 5$ DEG FEES 54'1 1 " TO A P��NT; THEh1DE N aRTH 0 Q WEST �5.7fi FEES' T� A PG�NT; THENCE AGREE �o'� �" EAST 217.93 FEET TO A PaINT� THENCE 211.88 FEET ALDNG THE ABG F ADI LAS OF 249.75 FEE", A CENTRAL ANS A CURVE T� THE LEFT, HAVING A P , AND A LANG CHORD BEARING NORTH 23 DE � �F 48 DECREES 35'5" � DEGREES �7'S?" WEST 205.58 FEET TO A POINT- T EAST 109.52 FEET TO THE RDINT 0 BEGINN HENCE SaUTN 8$ DEGREES 55'3 INC. END OF LEGAL DESCRI"ON RECORD OF ACTIONS OF BOARD OF DIRECTORS OF BOISE RESEARCH CENTER, INC. WITHOUT A FORMAL MEETING THEREFOR Pursuant to written consent signed by all of the Directors comprising the Board of Directors of BOISE RESEARCH CENTER, INC. an Idaho Corporation ("Corporation"), and pursuant to §30-1-44, Idaho Code, and in lieu of a formal meeting of the Board of Directors, the following actions of the Board of Directors of the Corporation shall be deemed to be unanimously adopted: RESOLVED that the Corporation convey as a charitable donation to the City of Meridian certain real property located east of Black Cat Road between Cherry Lane Road and Ustick Road comprising 17.48 acres for the purpose of constructing, operating, and maintaining a portion of the 9 - hole Cherry Lane Golf Course expansion, RESOLVED that David W. Turnbull, as Vice -President of the Corporation, is authorized, empowered, and directed, in the name or on behalf of the Corporation, to do or cause to be done any and all such further acts and things and to execute any and all such further documents as he may deem necessary or advisable to carry into effect the purposes and intent of the foregoing resolutions. DATED as of the 15th day of July, 1996. Thomas W. Tomlinson -Director t Wt4 A. Tomlinson - Director /A � ,z 1'ej 'e. 0, 0 IOelall _ David W. Turnbull -Director WAIVER OF NOTICE AND APPROVAL OF ACTIONS - 1 WAIVER OF NOTICE AND APPROVAL OF ANIONS OF BOARD OF DIRECTORS WITHOUT A FORMAL MEETING The undersigned, being all of the elected and acting members of the Board of Directors of Boise Research Center, Inc., and Idaho Corporation, hereby waive a formal meeting and consent to the actions taken by the Board of Directors without a formal meeting as of July 15, 1995. 'Y Thomas W. To son -Director AillTomlinson -Director -///j 117ZIl David W. Turnbull -Director WAIVER OF NOTICE AND APPROVAL OF ACTIONS •- 2