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Lessor's Statement Concerning Agreement of Lease Dated 78Oct100 LESSOR'S STATEMENT CONCERNING AGREEMENT OF LEASE DATED OCTOBER 30, 1978 The City of Meridian does hereby state the following concerning that Certain Agreement of Lease dated the 30th day of October, 1978, by and between the City of Meridian, as Lessor, and Cherry Lane Recreation, Inc., an Idaho Corporation, as Lessee, (hereinafter referred to as Lease). 1. The Lease is in full force and effect, with no subsequent amendments or modifications other than the addition of a second nine (9) holes of golf, which are now subject to the terms and conditions of the Lease. 2. The real property, which is subject to the Lease, has been duly annexed into the City of Meridian. 3. The legal description of the real property, which is subject to the Lease, is attached to this statement marked Exhibit "A", and by this reference incorporated herein. 4. Cherry Lane Recreation, Inc., an Idaho Corporation, (Lessee), is exclusively entitled to all the rights, duties and responsibilities of the Lessee under the terms and conditions of the Lease, and the provisions of the Lease require that said rights, duties and responsibilities may only be so held by Cherry Lane Recreation, Inc. without the written permission of the City of Meridian to do otherwise. LESSOR'S STATEMENT CONCERNING AGREEMENT — PAGE 1 OF 2 OF LEASE DATED OCTOBER 30, 1978 5. The City of Meridian has not transferred, assigned or pledged its interest in, and to, the Lease or the real property, which is subject to the Lease other than the Lease itself. 6. Cherry Lane Recreation, Inc., an Idaho Corporation, (Lessee), is current in its performance of the rent payment provisions of the Lease and the City has not caused to be served, nor does it have any present plans to cause to be served, upon Cherry Lane Recreation, Inc. any notice of default of the terms of the Lease, including any present claim of indemnification as far as the City of Meridian is presently aware. 7. This statement is being issued by reason of the Lessee's request for a Lessor's Estoppel Certificate, which by the terms of the Lease the Lessor is not obligated to execute. As a courtesy to the Lessee this statement is being issued under the authority of the City Council action on the 7th day of September, 1999. Att msg r . — .Y 1 r c,---` ---- I-`... 1 0100 "0111011 wt oox LESSOR'S STATEMENT CONCERNING AGREEMENT — PAGE 2 OF 2 OF LEASE DATED OCTOBER 30, 1978 File Number: P183117 SCHEDULE C The land referred to in this Commitment is described as follows: PARCEL I A PARCEL OF LAND BEING A PORTION OF THE WEST -HALF, SECTION 3, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A BRASS CAP MARKING THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF SECTION 3, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO; THENCE ALONG THE SOUTHERLY BOUNDARY OF SAID NORTHEAST QUARTER OF SECTION 3, NORTH 88 DEGREES 55'29" WEST 2643.29 FEET TO A BRASS CAP MARKING THE SOUTHWEST CORNER OF THE NORTHEAST QUARTER/ THENCE LEAVING SAID SOUTHERLY BOUNDARY NORTH 75 DEGREES 30'00" WEST 190.00 FEET TO A 2" IRON PIPE; THENCE NORTH 40 DEGREES 00'00" WEST 40.00 FEET TO AN IRON PIN; THENCE SOUTH 75 DEGREES 59'31" WEST 70.00 FEET TO AN IRON PIN; THENCE SOUTH 25 DEGREES 00'00" WEST 64.19 FEET TO AN IRON PIN; THENCE NORTH 89 DEGREES 25'06" WEST 254.51 FEET TO A POINT, SAID POINT ALSO BEING THE REAL POINT OF BEGINNING; THENCE CONTINUING NORTH 89 DEGREES 25'06" EST 100.01 FEET TO A POINT; THENCE SOUTH 00 DEGREES 30'11" WEST 407.92 FEET TO A POINT; THENCE SOUTH 68 DEGREES 54'11" EAST 276.46 FEET TO A POINT MARKING A POINT OF CURVE; THENCE ALONG A CURVE TO THE RIGHT 59.46 FEET, SAID CURVE HAVING A CENTRAL ANGLE OF 34 DEGREES 04'10', A RADIUS OF 100.00 FEET, TANGENTS OF 30.64 FEET AND A LONG CHORD OF 58.59 FEET BEARING SOUTH 51 DEGREES 52'06" EAST TO A POINT MARKING A POINT OF TANGENTS; THENCE SOUTH 34 DEGREES 50'01" EAST 292.99 FEET TO A POINT; THENCE SOUTH 89 DEGREES 48'41" EAST 147.34 FEET TO A POINT; THENCE NORTH 35 DEGREES 00'00' WEST 109.03 FEET TO A POINT; THENCE NORTH 51 DEGREES 45'00" WEST 580.00 FEET TO A POINT; THENCE NORTH 00 DEGREE 29'44" EAST 335.18 FEET TO THE POINT OF BEGINNING. PARCEL II A PARCEL OF LAND LYING IN PORTIONS OF THE SOUTH HALF OF THE NORTH HALF AND THE NORTH HALF OF THE SOUTH HALF OF SECTION 3, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT MARKING THE NORTHWEST CORNER OF THE SAID NORTH HALF OF THE SOUTH HALF OF SECTION 3; THENCE SOUTH 89 DEGREES 25'06" EAST 2,077,73 FEET ALONG THE NORTHERLY BOUNDARY OF THE SAID NORTH HALF OF THE SOUTH HALF OF SECTION 3 TO A POINT, ALSO SAID POINT BEING THE REAL POINT OF BEGINNING; THENCE SOUTH 0 DEGREE 29'44" WEST 335.18 FEET TO A POINT; THENCE SOUTH 51 DEGREES 45'00" EAST 580.00 FEET TO A POINT; THENCE SOUTH 35 DEGREES 00'00" EAST 285.33 FEET TO A POINT; THENCE SOUTH 22 DEGREES 15'00" WEST 60.05 FEET TO A POINT; THENCE SOUTH 43 DEGREES 58'10" EAST 238.75 FEET TO A POINT; THENCE SOUTH 29 DEGREES 00'00" EAST 110.00 FEET TO A POINT; THENCE NORTH 61 DEGREES 00'00" EAST 81,19 FEET TO A POINT OF CURVE; THENCE LEGAL CONTINUED EXHIBIT "A" TO LESSOR'S STATEMENT CONCERNING AGREEMENT OF LEASE DATED OCTOBER 30, 1978 File Number: P183117 PAGE 2 PARCEL II (CONT.) NORTHEASTERLY ALONG A CURVE TO THE LEFT 147.14 FEET, SAID CURVE HAVING A CENTRAL ANGLE OF 48 DEGREES 10'28", A RADIUS OF 175.00 FEET, TANGENTS OF 78.23 FEET AND A LONG CHORD OF 142.84 FEET BEARING NORTH 36 DEGREES 54'46" EAST TO A POINT OF ENDING OF CURVE; THENCE NORTH 56 DEGREES 30'00" WEST 151.38 FEET TO A POINT; THENCE NORTH 41 DEGREES 30'00" WEST 203.92 FEET TO A POINT; THENCE NORTH 17 DEGREES 15'00' WEST 94.14 FEET TO A POINT; THENCE NORTH 22 DEGREES 15'00" EAST 147.00 FEET TO A POINT; THENCE NORTH 65 DEGREES 50'00". EAST 45.00 FEET TO A POINT; THENCE SOUTH 87 DEGREES 20'00" EAST 78.40 FEET TO A POINT; THENCE SOUTH 68 DEGREES 00'00" EAST 61.48 FEET TO A POINT; THENCE SOUTH 71 DEGREES 33'25" EAST 88.05 FEET TO A POINT; THENCE SOUTH 60 DEGREES 00100" EAST 108.33 FEET TO A POINT OF BEGINNING OF CURVE; THENCE NORTHEASTERLY ALONG A CURVE TO THE RIGHT 139.32 FEET, SAID CURVE HAVING A CENTRAL ANGLE OF 25 DEGREES 35'19", A RADIUS OF 311.95 FEET, TANGENTS OF 70.84 FEET AND ALONG CHORD OF 138.16 FEET BEARING NORTH 56 DEGREES 12'20" EAST TO A POINT OF TANGENT; THENCE NORTH 69 DEGREES 00'00" EAST 115.08 FEET TO A POINT OF CURVE; THENCE NORTHEASTERLY ALONG A CURVE TO THE LEFT 125.75 FEET, SAID CURVE HAVING A CENTRAL ANGLE OF 24 DEGREES 25'22", A RADIUS OF 295.00 FEET, TANGENTS OF 63.84 FEET AND A LONG CHORD OF 124.80 FEET BEARING NORTH 56 DEGREES 47'19" EAST TO A POINT OF ENDING OF CURVE; THENCE NORTH 44 DEGREES 00'000 WEST 79.63 FEET TO A POINT; THENCE NORTH 67 DEGREES 45'00" WEST 160.00 FEET TO A POINT; THENCE SOUTH 65 DEGREES 50'00" WEST 244.67 FEET TO A POINT; THENCE NORTH 50 DEGREES 30'00" WEST 114.35 FEET TO A POINT; THENCE NORTH 44 DEGREES 00'00" EAST 90.00 FEET TO A POINT; THENCE NORTH 17 DEGREES 00'00" WEST 175.00 FEET TO A POINT; THENCE NORTH 12 DEGREES 00'00" EAST 280.00 FEET TO A POINT; THENCE NORTH 77 DEGREES 30'00" WEST 170.00 FEET TO A POINT; THENCE SOUTH 68 DEGREES 00'00" WEST 265.00 FEET TO A POINT MARKING THE NORTHEAST CORNER OF THE SOUTHWEST QUARTER OF THE SAID SECTION 3; THENCE NORTH 75 DEGREES 30'00" WEST 190.00 FEET TO A POINT; THENCE NORTH 40 DEGREES 00'00" WEST 40.00 FEET TO A POINT; THENCE SOUTH 75 DEGREES 59'31" WEST 70.00 FEET TO A POINT; THENCE SOUTH 25 DEGREES 00'00" WEST 64.19 FEET TO A POINT ON THE SAID NORTHERLY BOUNDARY OF THE NORTH HALF OF THE SOUTH HALF OF SECTION 3; THENCE NORTH 89 DEGREES 25'06" WEST 254.51 FEET ALONG THE SAID NORTHERLY BOUNDARY OF THE NORTH HALF OF THE SOUTH HALF OF SECTION 3 TO THE POINT OF BEGINNING. EXCEPT THAT PORTION LYING WITHIN THE FOLLOWING SUBDIVISIONS: CHERRY LANE VILLAGE NO. 1 SUBDIVISION, ACCORDING TO THE PLAT THEREOF, FILED IN BOOK 44 OF PLATS AT PAGES 3537 AND 3538, RECORDS OF ADA COUNTY, IDAHO; CHERRY LANE VILLAGE NO. 2 SUBDIVISION, ACCORDING TO THE PLAT THEREOF, FILED IN BOOK 46 OF PLATS AT PAGES 3791 AND 3792, RECORDS OF ADA COUNTY, IDAHO; THE LAKE AT CHERRY LANE, ACCORDING TO THE PLAT THEREOF FILED IN BOOK 52 OF PLATS AT PAGES 4569 AND 4570, RECORDS OF ADA COUNTY, IDAHO; THE LAKE AT CHERRY LANE NO. 2, ACCORDING TO THE PLAT THEREOF FILED IN BOOK 54 OF PLATS AT PAGES 4882 AND 4883, RECORDS OF ADA COUNTY, IDAHO; LEGAL CONTINUED EXHIBIT "A" TO LESSOR'S STATEMENT CONCERNING AGREEMENT OF LEASE DATED OCTOBER 30, 1978 File Number: P183117 PAGE 3 PARCEL II (CONT.) THE LAKE AT CHERRY LANE NO. 4 SUBDIVISION, ACCORDING TO THE PLAT THEREOF, FILED IN BOOK 74 OF PLATS AT PAGES 7674 AND 7675, RECORDS OF ADA COUNTY, IDAHO. PARCEL III -A 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 WAY 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 518" 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 DEGREES 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 51'08", 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 DEGREES 39'31' EAST 502.42 FEET TO THE POINT OF BEGINNING. LEGAL CONTINUED EXHIBIT "A" TO LESSOR'S STATEMENT CONCERNING AGREEMENT OF LEASE DATED OCTOBER 30, 1978 File Number: P183117 PAGE 4 PARCEL III -B 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); FORM 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 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 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. PARCEL IV•A A PORTION OF SOUTHWEST QUARTER OF THE NORTHWEST QUARTER 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 SECTION 3 AND 4 AS SAME WAS REESTABLISHED BY LS 972 (CP S 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 NORTH 5 DEGREE 39'31" EAST, 290.28 FEET TO A POINT; THENCE 46.45 FEET ALONG THE ARC OF A NON -TANGENT CURVE TO THE RIGHT, HAVING A RADIUS OF 250.00 FEET, A CENTRAL ANGLE OF 10 DEGREES 38'46", AND A LONG CHORD BEARING SOUTH 49 DEGREES 22'43" EAST, 46.39 FEET TO A POINT; THENCE SOUTH 44 DEGREES 03'20" EAST, 136.41 FEET TO A POINT; THENCE SOUTH 8 DEGREES 18'10' EAST, 165.80 FEET TO A POINT; THENCE NORTH 88 DEGREES 55'31" WEST, 182.65 FEET TO THE POINT OF BEGINNING. PARCEL IV -B A PORTION OF GOVERNMENT LOT 4 AND THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 3, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO MORE PARTICULARLY DESCRIBED AS FOLLOWS: LEGAL CONTINUED EXHIBIT "A" TO LESSOR'S STATEMENT CONCERNING AGREEMENT OF LEASE DATED OCTOBER 30, 1978 File Number: P183117 PAGE 5 PACCEL IV -B (CONT.) 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 SECTION 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 O 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, 834.71 FEET TO A POINT; THENCE NORTH 1 DEGREE 04'29" EAST, 77.45 FEET TO THE REAL POINT OF BEGINNING; THENCE 199.31 FEET ALONG THE ARC OF CURVE TO THE RIGHT HAVING A RADIUS OF 270.00 FEET, A CENTRAL ANGLE OF 42 DEGREES 17'41" AND A LONG CHORD BEARING NORTH 65 DEGREES 12'11" WEST, 194.81 FEET TO A POINT; THENCE NORTH 44 DEGREES 03'20' WEST, 198.06 FEET TO A POINT; THENCE NORTH 37 DEGREE 38"05" EAST, 125.90 FEET TO A POINT; THENCE NORTH 4 DEGREES 26'20" WEST, 178.94 FEET TO A POINT; THENCE NORTH 49 DEGREES 13'43" WEST, 619.18 FEET TO A POINT; THENCE NORTH 89 DEGREES 21'33" WEST, 39.72 FEET TO A POINT; THENCE NORTH 0 DEGREE 38'27" EAST, 178.61 FEET TO A POINT; THENCE SOUTH 89 DEGREES 21'33" EAST, 104.94 FEET TO A POINT; THENCE NORTH 26 DEGREES 46'55" EAST, 463.73 FEET TO A POINT; THENCE NORTH 13 DEGREES 05'08" EAST, 186.18 FEET TO A POINT; THENCE SOUTH 89 DEGREES 23'04" EAST, 221.37 FEET TO A POINT; THENCE SOUTH 0 DEGREE 36'56" WEST, 30.00 FEET TO A POINT; THENCE NORTH 89 DEGREES 23'04" WEST, 114.43 FEET TO A POINT; THENCE SOUTH 10 DEGREES 38'11" WEST, 162.48 FEET TO A POINT; THENCE SOUTH 5 DEGREES 36'09" EAST, 160.95 FEET TO A POINT; THENCE SOUTH 48 DEGREES 58'55" WEST, 66.41 FEET TO A POINT; THENCE SOUTH 10 DEGREES 49'04" WEST, 123.62 FEET TO A POINT; THENCE SOUTH 12 DEGREES 00'00" EAST, 85.00 FEET TO A POINT; THENCE SOUTH 53 DEGREES 26'21' EAST, 142.60 FEET TO A POINT; THENCE SOUTH 6 DEGREES 51'51" WEST, 151.05 FEET TO A POINT; THENCE SOUTH 41 DEGREES 14'14' EAST, 171.06 FEET TO A POINT; THENCE SOUTH 89 DEGREES 12'26" EAST, 122.33 FEET TO A POINT; THENCE SOUTH 43 DEGREES 03'05" EAST, 60.00 FEET TO A POINT; THENCE SOUTH 0 DEGREE 36'15" WEST, 671.50 FEET TO THE POINT OF BEGINNING. PARCEL IV -C A PORTION OF THE NORTHWEST QUARTER 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 SAID SECTIONS 3 AND 4 AS SAME WAS REESTABLISHED INSTRUMENT NO. 7852146, RECORDS OF ADA COUNTY, NORTHWEST CORNER OF SAID SECTION 3 BEARS NORTH 2697.49 FEET; THENCE NORTH 0 DEGREE 38'27" EAST 22.64 FEET TO A 5/8" SOUTH 88 DEGREES 55131" EAT, 1784.61 FEET TO A NORTH 1 DEGREE 04'29" EAST, 303.15 FEET TO THE THENCE QUARTER CORNER COMMON TO BY LS 972 (CP & F IDAHO); FROM WHICH THE DEGREE 38'27' EAST, IRON PIN; THENCE POINT; THENCE REAL POINT OF BEGINNING; LEGAL CONTINUED EXHIBIT "A" TO LESSOR'S STATEMENT CONCERNING AGREEMENT OF LEASE DATED OCTOBER 30, 1978 File Number: P183117 PAGE 6 PARCEL IV -C (CONT.) NORTH 66 DEGREES 28'40" WEST, 157.70 FEET TO A POINT; THENCE NORTH 56 DEGREES 56'39" WEST, 717.37 FEET TO A POINT; THENCE NORTH 89 DEGREES 23'44" WEST, 36.12 FEET TO A POINT; THENCE NORTH 0 DEGREE 36'28" EAST, 5.00 FEET TO A POINT; THENCE 154.59 FEET ALONG THE ARC OF A NON -TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 225.00 FEET, A CENTRAL ANGLE OF 39 DEGREES 22'00", AND A LONG CHORD BEARING NORTH 19 DEGREES 04'45" WEST, 151.57 FEET TO A POINT; THENCE NORTH 38 DEGREES 45'45" WEST, 39.00 FEET TO A POINT; THENCE NORTH 51 DEGREES 14'15" EAST, 110.00 FEET TO A POINT; THENCE NORTH 26 DEGREES 11'31" WEST, 134.78 FEET TO A POINT; THENCE NORTH 4 DEGREES 04'20" WEST, 277.45 FEET TO A POINT; THENCE NORTH 31 DEGREES 46'35" WEST, 241.56 FEET TO A POINT; THENCE NORTH 0 DEGREE 36'56" EAST, 132.59 FEET TO A POINT; THENCE NORTH 89 DEGREES 23'04" WEST, 110.00 FEET TO A POINT; THENCE NORTH 0 DEGREE 36'56` EAST, 30.00 FEET TO A POINT; THENCE SOUTH 89 DEGREES 23104" EAST, 175.94 FEET TO A POINT; THENCE SOUTH 78 DEGREES 05'29" EAST, 71.13 FEET TO A POINT; THENCE SOUTH 63 DEGREES 13'16' EAST, 65.34 FEET TO A POINT; THENCE SOUTH 56 DEGREES 28'32" EAST, 79.07 FEET TO A POINT; THENCE SOUTH 53 DEGREES 15'09" EAST, 86.07 FEET TO A POINT; THENCE SOUTH 42 DEGREES 31'18" EAST, 70.53 FEET TO A POINT; THENCE SOUTH 35 DEGREES 28'22" EAST, 77.08 FEET TO A POINT; THENCE SOUTH 5 DEGREES 49'06" EAST, 249.89 FEET TO A POINT; THENCE SOUTH 8 DEGREES 16'07" EAST, 125.42 FEET TO A POINT; THENCE SOUTH 13 DEGREES 56'20" EAST, 266.06 FEET TO A POINT; THENCE SOUTH 42 DEGREES 43'29° EAST, 283.07 FEET TO A POINT; THENCE NORTH 61 DEGREES 49'13" EAST, 165.37 FEET TO A POINT; THENCE NORTH 11 DEGREES 00'42' WEST, 399.24 FEET TO A POINT; THENCE SOUTH 89 DEGREES 18'49' EAST, 398.40 FEET TO A POINT; THENCE SOUTH 79 DEGREES 02'15' EAST, 61.16 FEET TO A POINT; THENCE SOUTH 60 DEGREES 40'15" EAST, 164.39 FEET TO A POINT; THENCE SOUTH 85 DEGREES 10'18' -EAST, 136.30 FEET TO A POINT; THENCE SOUTH 0 DEGREE 30'15" WEST, 235.93 FEET TO A POINT; THENCE NORTH 89 DEGREES 29'45" WEST, 80.00 FEET TO A POINT; THENCE SOUTH 78 DEGREES 33'49" WEST, 182.71 FEET TO A POINT; THENCE SOUTH 11 DEGREES 45'1.5" WEST, 185.77 FEET TO A POINT; THENCE SOUTH 0 DEGREE 30'15" WEST, 154.10 FEET TO A POINT; THENCE 288.86 FEET ALONG THE ARC OF A NON -TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 425.00 FEET, A CENTRAL ANGLE OF 38 DEGREES 56'31", AND A LONG CHORD BEARING SOUTH 63 DEGREES 04'11" WEST, 283.33 FEET TO THE POINT OF BEGINNING. PARCEL IV -0 A PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER 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 LEGAL CONTINUED EXHIBIT "A" TO LESSOR'S STATEMENT CONCERNING AGREEMENT OF LEASE DATED OCTOBER 30, 1978 File Number: P183117 PAGE 7 PARCEL IV -D (CONT.) 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, 1614.53 FEET TO THE REAL POINT OF BEGINNING; THENCE NORTH 10 DEGREES 33'50" EAST, 72.37 FEET TO A POINT; THENCE 129.52 FEET ALONG THE ARC OF A NON -TANGENT CURVE TO THE RIGHT, HAVING A RADIUS OF 600.00 FEET, A CENTRAL ANGLE OF 12 DEGREES 22'07", AND A LONG CHORD BEARING SOUTH 56 DEGREES 49'29' EAST, 129.27 FEET TO A POINT; THENCE SOUTH 50 DEGREES 38'25' EAST, 4.33 FEET TO A POINT; THENCE NORTH 88 DEGREES 55'31' WEST, 124.84 FEET TO THE POINT OF BEGINNING. PARCEL IV -E A PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER 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 NORTH 0 DEGREE 38'27" EAST 22.64 FEET TO A 5/8" IRON PIN; THENCE SOUTH 88 DEGREES 55'31' EAST, 1977.72 FEET TO A 5/8" IRON PIN AND THE REAL POINT OF BEGINNING; THENCE NORTH 88 DEGREES 55'31" WEST, 109.62 FEET TO A POINT; THENCE 11.06 FEET ALONG THE ARC OF A NON -TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 249.75 FEET, A CENTRAL ANGLE OF 2 DEGREES 32'16', AND A LONG CHORD BEARING NORTH 49 DEGREES 22'17" WEST, 11.06 FEET TO A POINT; THENCE NORTH 50 DEGREES 38'25" WEST, 94.32 FEET TO A POINT; THENCE 60.45 FEET ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 680.00 FEET, A CENTRAL ANGLE OF 5 DEGREES 05'36", AND A LONG CHORD BEARING NORTH 53 DEGREES 11'13" WEST, 60.43 FEET TO A POINT; THENCE 30.13 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 20.00 FEET, A CENTRAL ANGLE OF 86 DEGREES 18'50", AND A LONG CHORD BEARING NORTH 12 DEGREES 34'36' WEST, 27.36 FEET TO A POINT; THENCE NORTH 30 DEGREES 34'50" EAST, 84.13 FEET TO A POINT; THENCE 269.77 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 375.00 FEET, A CENTRAL ANGLE OF 41 DEGREES 13'04", AND A LONG CHORD BEARING NORTH 51 DEGREES 11'21' EAST, 263.99 FEET TO A POINT; THENCE SOUTH 0 DEGREE 30'15" WEST, 369.89 FEET TO THE POINT OF BEGINNING. PARCEL V LOTS 1 AND 52 IN BLOCK 5, AND LOT 11 IN BLOCK 9 OF CHERRY LANE VILLAGE NO. 1 SUBDIVISION, ACCORDING TO THE PLAT THEREOF FILED IN BOOK 44 OF PLATS AT PAGES 3537 THRU 3538, RECORDS OF ADA COUNTY, IDAHO. LEGAL CONTINUED EXHIBIT "A" TO LESSOR'S STATEMENT CONCERNING AGREEMENT OF LEASE DATED OCTOBER 30, 1978 File Number: P183117 PAGE 8 PARCEL VI LOTS 12 AND 21 IN BLOCK 9 AND LOT 4 IN BLOCK 11 AND LOT 53 IN BLOCK 5 OF CHERRY LANE VILLAGE NO. 2 SUBDIVISION, ACCORDING TO THE PLAT THEREOF, FILED IN BOOK 46 OF PLATS AT PAGES 3791 AND 3792, RECORDS OF ADA COUNTY, IDAHO. PARCEL VII LOT 83 IN BLOCK 5 AND LOT 14, IN BLOCK 13 CHERRY LANE VILLAGE NO. 3 SUBDIVISION ACCORDING TO THE OFFICIAL PLAT THEREOF FILED IN BOOK 58 OF PLATS AT PAGES 5473 THRU 5475, RECORDS OF ADA COUNTY, IDAHO. PARCEL VIII LOT 28 IN BLOCK 11 AND LOT 39 IN BLOCK 13 CHERRY LANE VILLAGE NO. 4 SUBDIVISION ACCORDING TO THE OFFICIAL PLAT THEREOF FILED IN BOOK 63 OF PLATS AT PAGES 6376 AND 6377, RECORDS OF ADA COUNTY, IDAHO. PARCEL IX LOT 9 IN BLOCK 1 OF RECORD OF SURVEY NO. 802 OF ADJUSTED LOT LINES FOR LOTS 8, 9 AND 10, IN BLOCK 1 OF THE LAKE AT CHERRY LANE, ACCORDING TO THE PLAT THEREOF, FILED IN BOOK 52 OF PLATS AT PAGES 4569 AND 4570, RECORDS OF ADA COUNTY, IDAHO. PARCEL X LOT 5 IN BLOCK 1 AND LOT 13 IN BLOCK 2, THE LAKE AT CHERRY LANE NO. 2, ACCORDING TO THE PLAT THEREOF, FILED IN BOOK 54 OF PLATS AT PAGES 4882 AND 4883, RECORDS OF ADA COUNTY, IDAHO. PARCEL XI LOT 24 IN BLOCK 2 OF THE LAKE AT CHERRY LANE NO. 3 SUBDIVISION ACCORDING TO THE OFFICIAL PLAT THEREOF FILED IN BOOK 70 OF PLATS AT PAGES 7167 AND 7168, RECORDS OF ADA COUNTY, IDAHO. PARCEL XII LOT 19 IN BLOCK 1 AND LOT 46 IN BLOCK 2 OF THE LAKE AT CHERRY LANE NO. 4 SUBDIVISION, ACCORDING TO THE OFFICIAL PLAT THEREOF, FILED IN BOOK 74 OF PLATS AT PAGE 7674 AND 7675, RECORDS OF AOA COUNTY, IDAHO. END OF LEGAL DESCRIPTION EXHIBIT "A" TO LESSOR'S STATEMENT CONCERNING AGREEMENT OF LEASE DATED OCTOBER 30, 1978 TOTAL PAGE.09* RESOLUTION NO. -1 17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN AGREEMENT ENTITLED "LESSOR'S STATEMENT CONCERNING AGREEMENT OF LEASE DATED OCTOBER 30,1978", DATED THE 7 DAY OF Sep/-ev,--h_er- , 1999, BY AND BETWEEN THE CITY OF MERIDIAN AND CHERRY LANE RECREATION, INC., AN IDAHO CORPORATION. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: WHEREAS, it is in the best interests of the City of Meridian to enter into an agreement with CHERRY LANE RECREATION, INC., an Idaho Corporation, denoted as "LESSOR'S STATEMENT CONCERNING AGREEMENT OF LEASE DATED OCTOBER 30, 1978", a copy of which is attached hereto marked as Exhibit "A" to this Resolution, the reasons and authority for which are as set forth in said Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL, as follows: 1. The Mayor and Clerk are hereby authorized to enter into and on behalf of the City of Meridian that certain agreement with CHERRY LANE RECREATION, INC., an Idaho Corporation, entitled "LESSOR'S STATEMENT CONCERNING AGREEMENT OF LEASE DATED OCTOBER 30,1978" dated the 7'!'!: day of ,T6—en-her 1999, by and between the City of Meridian and CHERRY LANE RECREATION, INC., an Idaho Corporation, a copy of which is attached hereto marked as Exhibit "A" to this Resolution and to bind this City to its terms and conditions. RESOLUTION AUTHORIZING THE MAYOR TO ENTER — PAGE 1 OF 2 INTO A LESSOR'S STATEMENT CONCERNING AGREEMENT OF LEASE DATED OCTOBER 30, 1978 PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 7S day of 1999. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 77k day of cfPj /' bar 1999. ATTEST: GC.PORq TO ��'✓ SZ 111L - ITY CLERK o� ''� . Q{1N E Y • ��.�``� msg/ZAWork\M\Meridian 15360M\CherryLane Land Exchange\KESOLUTION RESOLUTION OF THE CITY OF MERIDIAN -PAGE - AUTHORIZING THE MAYOR TO ENTER INTO A LESSOR'S STATEMENT CONCERNING AGREEMENT OF LEASE DATED OCTOBER 30, 1978 CERTIFICATE OF CLERK- OF LERKOF THE CITY OF MERIDIAN 1, the undersigned, do hereby certify: 1. That I am the duly appointed and elected Cleric of the City of Meridian, a duly incorporated City operating under the laws of the State of Idaho, with its principal office at 33 East Idaho, Meridian, Idaho. 2. That as the City Cleric of this Cit , I am the custodian of its records and minutes and do hereby certify that on the 7 day of S-eJ- Xe4' 6Z'(- , 1999, the following action has been taken and authorized: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN AGREEMENT ENTITLED "LESSOR'S STATEMENT CONCERNING AGREEMENT OF LEASE DATED OCTOBER 30,1978", DATED THE 7 DAY OF S2,o -be-c, , 1999, BY AND BETWEEN THE CITY OF MERIDIAN AND CHERRY LANE RECREATION, INC., AN IDAHO CORPORATION. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: WHEREAS, it is in the best interests of the City of Meridian to enter into an agreement with CHERRY LANE RECREATION, INC., an Idaho Corporation, denoted as "LESSOR'S STATEMENT CONCERNING AGREEMENT OF LEASE DATED OCTOBER 30, 1978", a copy of which is attached hereto marked as Exhibit "A" to this Resolution, the reasons and authority for which are as set forth in said Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL, as follows: 1. The Mayor and Cleric are hereby authorized to enter into and on behalf of the City of Meridian that certain agreement with CHERRY LANE RECREATION, INC., an Idaho Corporation, entitled "LESSOR'S STATEMENT CONCERNING AGREEMENT OF LEASE DATED OCTOBER 30, 1978" dated the day of 1999, by and between the City of Meridian and CHERRY LANE RECREATION, INC., an Idaho Corporation, a copy of which is attached hereto marked as Exhibit "A" to this Resolution and to bind this City to its terms and conditions. \\,,,,%jnri+zrrr,,r� \` O� v . PoRq Si1IL n STATE OF IDAHO, ss. County of Ada, 7 WILLIAiM G. BERG, CITY CLERK On this day of , in the year 1999, before me, a Notary Public, appeared WILLLAiM G. B G, JR., known or identified to me to be the City Cleric of the City of Meridian, Idaho, that executed the said instrument, and acknowledged to me that he executed the same on behalf of the City of Meridian. ,.._.. EL L. ,s ''••, r »•.•.lir '•. l pTgR•� QNota Public for Idaho �. Commission Expires: O AUBL1G• 4 ��a OF msg/Z:\Work\M\Meridian t 5360M\CherryLane Land Exchange\CERTofCLKforRESOLU