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Deed of Gift Cherry Lane Golf Course - Boise Research Center Property96061987 UA -1(1w &fit '.''-p;? DEED OF GIFT THIS DEED OF GIFT made this 3 day of 1'99P, 4LZ' I�SIE"RE E RICH CENTER, INC., an Idaho Corporation, whose address is 12426-W. Explorpr_Dr., Suite 220, .Boise, Idaho 83713 ("Grantor") and CITY OF MERIDIAN, IDAHO, an Idaho Municip 0moratfon "ose . address is 33 East Idaho Avenue, Meridian, Idaho 83642. ("Grantee");" WITNESSETH: Section 1. L_ln.Y&yLns_e. 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 Pioperty"). 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. 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 suscribed by its Vice - President pursuant to a resolution of its Board of Directors this �.3ra day of J +� 1996. BOISE RESEARCH CENTER, INC., an Idaho Corporation By Vice -Pres t STATE OF IDAHO ) ) ss: County of Ada ) On this day of zI.� , 1996, before me, the undersigned, a Notary Public in and for said State, personally appeared D&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 Pui for Idaho Residing a , Idaho My Commission Expires: ho -27-1K (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 )3� day o ; 1996. of L4 ? v Fd BEAL CIOClPriiY STATE OF IDAHO '�i s1rr�+ri nn++ e``��� s: County of Ada ) CITY OF MERIDIAN, IDAHO, an Municipal Corporation On thisew day of ^lk 1996, before me/ the undersi ned, a Notary Public in and for said State, personally appeared Yi'G l UNA 1Nftllovwl (z• ", Tr. , known to me to be the rpr 44 City �p%� of CITY OF MERIDIAN, IDAHO, an Idaho Municipal Corporation, the Corporation that 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. Notary Pu i f Idaho Residing at Idaho My Commission Expires: 10- Z? -M 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 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 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 18'10" 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 51'0811 , 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 54'11" 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 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 A. Tomlinson �-Director NO _l� J. I /����Lli David W. TurnbullDirector WAIVER OF NOTICE AND APPROVAL OF ACTIONS - WAIVER OF NOTICE AND APPROVAL OF ACTIONS 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, 1996. Thomas W. To son - Director Tomlinson - Director w4tA&// David W. Turnbull - Director WAIVER OF NOTICE AND APPROVAL OF ACTIONS - 2 96061987 'CORDED Exhibit B '' �'' -tzr.. .4 v. Ufa t<ri flaRRO DEED OF GIFT d 04 S I I THIS DEED OF GIFT made this 3 day of 14, &eVB4SIE' RE5EA CENTER, INC., an Idaho Corporation, whose address is 12426XV. Explorgr.Dr., Suite 220, Ooise, Idaho 83713 ("Grantor") and CITY OF MERIDIAN, IDAHO, an Idaho Municip# Moratfw,, ' q �-- address is 33 East Idaho Avenue, Meridian, Idaho 83642 ("Grantee"), " U'``'" ` ` w7:_ OF WITNESSETH: Section 1. CDmq CM1U. 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 Pi operty"). 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. 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 subscribed by its Vice - President pursuant to a resolution of its Board of Directors this 3f`' day of 1996. BOISE RESEARCH CENTER, INC., an Idaho Corporation Vice -President STATE OF IDAHO ) ) ss: County of Ada ) On this qday of ✓ Glf',t , 1996, before me, the undersigned, a Notary Public in and for said State, personally appeared D&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 Pui for Idaho Residing a (QZ Idaho (SEAL) My Commission Expires: M-27-49 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. vJ DATED this D3 day o 1996. OFU SEAL STATE OF IDAHO '''��0UPti9T1'1,`����.�'� ss: '111#1 tilt County of Ada ) CITY OF MERIDIAN, IDAHO, an Municipal Corporation On this I — �3 day of 1996, before me/ the under si ned, a Notary Public in and for said State, personally appear�bp � Cyro 6 Grtd wd llAlw� , SO r ,known to me to be the 0744Vr Lc of CITY OF MERIDIAN, IDAHO, an Idaho Municipal Corporation, the Corporation that executeb 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. _ AR (SEAL) - �r- ;,,sr9rE OF ,OP�O���; 4 Notary Pui&fQr Idaho Residing at NiC , Idaho My Commission Expires: /0- 7-7-%3? } AGREEMENT - 10 BRCiashfordWev.agr EXHIBIT C GOLF COURSE PLAN