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Quitclaim Deed Trent & Stacy Tunnicliff1_1-�. 6A -7 �5 7 ' Fear Value FWaaived 96011398 ADA cn. RECORDER J. DAVID HAVAPRO BOISE ID QUITCLAIM DZHD FIRST AMERICAN TITLE CO '96 FEB 9 A�1 FEE-� ''L RECORDED AT INE H ' EST Of CM OF HMMIM, a nmicipal corporation do hereby arnVeY, release, raa mise and forever quit clai'1 unto 197500155.j TRFl�i TLWIC LUF and STAGY nHila TPF, who aquixrad title as -RD%CY PINKM", / husband and wife WhoBe ad dews is 3825 W. SZh IBEA D CRr. , NER DIM, Mk4D 83642 the foliawing 4secribed promises, to -Wit: Lot 10 Block 1 of L * Line AdjusbWWt Record of awvey No. 802, reoardad October 9, 1985 as Instrument No. 8553745, being a portion of Late 9 and 10 Blodc 1 of 7M WE AT CHERW LMIS, a000cding to the official plat tiwreof, filets in hook 52 of Plato at Pesos 4569-4570 records of Ada OountY, Idaho. tagethar With ttAi.r-- Febmary - 7, 1996,a'1iG rr o�t D. Corrie, Mayor, city Of idien 7 aim OF 1DAH3 l S 6S On 7hir ` &y of !lash[uary, in the year 19961 befog me, a Notary Public in and far said Stat®, personally ally ORM%red Pa -wt t D. Oorrie bwm or i,daan .if sed to ne to be the Msyac oaf the City of Meridian, a walicdpalitN, that aoaeout6d the in3t2 ment or the pennon who woeouted the instrument on bee-ilf of said n udzipality, and to as that such municipality eoaKuted the sauna. ,��IIIIIIp1 j 49'elud -I'd Q' u' Publ > dpi AR y t a * : s it A V 8 'American Title Company of Idaho 4F j%% Ilt-) :T,) IJ11(t, (S) 0 . W, , 9061 SAII INZIMAW1 ni'l mohl All i V1 JDA W.. -O S)SM11 la ... PVT loor, i /ApqQV.L9N Uld 'I'VINWOO ._1 �011 Oil a A - ANUVOI AN -DIVI"I '3141 EO q WDIC.1,1RD eo T 0, ,a L 'rs URN tAKE AT CHER LAM ir --- m ]RAQ0MY Ac 'S MTF. Of on 0 fw"F id -14 . - - . _ MLIAM.- Mtbl 44 oliiil"- OR— My bond Skolm ALft: r -C flr 0433 Ourvoyof, ll*W by Ow Siale of: Maho, *A:iw ibis rylpp Wa`fte- ..roplklift Ito POWs 60 wd _mo w"I"Wrmu 0 m m F- m 0 ID r T G M ADJUSTED DJUSTED IDT LINES FOR LOTS Sig, 10, &MCK 1. tiz THE LAKE_ AT CHIERRY LANE CD A PORTION OF -THE S.E. 1/4, $ECTION 3, T 5 N, I R, I W., S.M.. ADA COUNTY, I D. LOVELESS ENGINEEW 1965 -0 0 z m m ;u oom (!D JAN -18-1996 10:45 a W. -A DZ T!"7111wm M, F. o.�,-- We CJA TY %ho T!"7111wm M, F. o.�,-- We TY W. x. R Z ;Y P. f" om W, m w m ar� A w Q1 W �2 C lb _ - _ - _ ..��1 :• I - - ��•rt'/ '_.'n -:jam -: ''� E AS - � • - - - - --i` :i�:r { � �. : 'moi.' - . - lis- ..•a.-•'. .y' - - `y �- - - '!�--': �,sR+f s r = s,:.a � +''rSx 5:. - _ - - F- - _ �f.',� 5.1= ` � S'�r",: _ - .. - • kif o. v Y F= s . IV �� 8553745 __ ,, ,i.: _ ,: �"�" is •, -�.�t� c� ..�I: � R-!-,'-'. r - - iii. �!. .iJ;-' � �-•ss tl f" om W, m w m ar� A w Q1 W �2 C lb COMMITMENT FOR'TITLE'INSURANCE PIONEER TITLE COMPANY OF ADA COUNTY (208) 373-3700 OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY SCHEDULE A File No. P183117 IDAHO INDEPENDENT BANK 113 E. IDAHO MERIDIAN, ID 83642 ATTN: GERRY M. Ph: 208-288-0810 Fx: 208-288-0805 Copies to: Escrow Inquiries should be directed to: 2. Policy or Policies to be issued: (A) Mortgagee's Standard Leasehold Coverage Proposed Insured: IDAHO INDEPENDENT BANK 1. Effective Date: July 30, 1999 at 7:30 A.M. Title Inquiries should be directed to: CINDEE LANTZ-MIRACLE TITLE SUPERVISOR (PHONE 208-373-3657) 8151 W. RIFLEMAN BOISE, ID 83704 FAX: 208-373-3644 Amount $500,000.00 Premium $1,605.00 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 fee simple estate or interest in said land is at the effective date hereof vested in: PAUL R. SHIELDS AND SUZANNE M. SHIELDS, HUSBAND AND WIFE, AS TO THAT PORTION OF THE ADJUSTED LOT 9 IN BLOCK 1 OF THE LAKE AT CHERRY LANE WHICH LIES WITHIN THE ORIGINAL LOT 8 OF SAID BLOCK 1; AND IN THE CITY OF MERIDIAN, A MUNICIPAL CORPORATION, AS TO THE REMAINDER 5. The land referred to in this Commitment is described as follows: SEE SCHEDULE C P183117 SCHEDULE B - SECTION 2 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. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records, or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 2. General Exceptions: (A) Rights or claims of parties in possession not shown by the public records. (B) Encroachments, overlaps, boundary line 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. (C) Easements, or claims or easements, not shown by the public records. (D) Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. (E) (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. (F) 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. *PARAGRAPHS A,B,C,D,E AND F WILL NOT APPEAR AS PRINTED EXCEPTIONS ON EXTENDED COVERAGE POLICIES, EXCEPT AS TO SUCH PARTS THEREOF, WHICH MAY BE TYPED AS A SPECIAL EXCEPTION IN SCHEDULE B - SECTION 2. CONTINUED P183117 C. Special Exceptions: 1. SAID REAL PROPERTY IS PRESENTLY ASSESSED AS EXEMPT FROM TAXATION. ANY CHANGE IN THE STATUS THEREOF EITHER IN OWNERSHIP OR OTHERWISE, SHALL CAUSE A RE -ASSESSMENT OF SAID PREMISES AS MORE FULLY SET FORTH IN SECTION 63-105S OF THE IDAHO CODE. 2. SEWERAGE CHARGES AND SPECIAL ASSESSMENT POWERS OF THE CITY OF MERIDIAN. NO SPECIAL ASSESSMENTS NOW SHOW OF RECORD. 3. LIENS AND ASSESSMENTS OF THE FOLLOWING DISTRICT AND THE RIGHTS AND POWERS THEREOF AS PROVIDED BY LAW. NO DELINQUENCIES APPEAR IN THE COUNTY RECORDER'S OFFICE. DISTRICT: NAMPA MERIDIAN IRRIGATION DISTRICT (343-1884) 4. AN EASEMENT CONTAINING CERTAIN TERMS, CONDITIONS AND PROVISIONS AFFECTING A PORTION OF SAID PREMISES AND FOR THE PURPOSES STATED HEREIN FOR: POWER LINE EASEMENT IN FAVOR OF: IDAHO POWER COMPANY, A CORPORATION RECORDED: AUGUST 17, 1936 INSTRUMENT N0./FILED IN: 171813, 15 MISC., PAGE 30 AFFECTS: THE NE1/4 OF THE SE1/4 5. AN EASEMENT CONTAINING CERTAIN TERMS, CONDITIONS AND PROVISIONS AFFECTING A PORTION OF SAID PREMISES AND FOR THE PURPOSES STATED HEREIN FOR: POLE LINE EASEMENT IN FAVOR OF: IDAHO POWER COMPANY, A CORPORATION RECORDED: JANUARY 15, 1937 INSTRUMENT N0./FILED IN: 174830, 15 MISC., PAGE 155 AFFECTS: NW1/4 AND NE1/4 6. COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS AS SET FORTH ON SAID PLAT. 7. COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS. RECORDED: APRIL 5, 1978 INSTRUMENT NO.: 7817412 COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS. RECORDED: MARCH 30, 1979 INSTRUMENT NO.: 7917008 8. AN EASEMENT CONTAINING CERTAIN TERMS, CONDITIONS AND PROVISIONS AFFECTING A PORTION OF SAID PREMISES AND FOR THE PURPOSES STATED HEREIN FOR: THE LIMITED PURPOSES OF PLACEMENT AND MAINTENANCE OF PUBLIC UTILITY LINE AND IRRIGATION DITCHES, LINES AND CULVERTS IN FAVOR OF: THE PUBLIC RECORDED: MAY 18, 1978 INSTRUMENT NO.: 7826533 9. AN EASEMENT CONTAINING CERTAIN TERMS, CONDITIONS AND PROVISIONS AFFECTING A PORTION OF SAID PREMISES AND FOR THE PURPOSES STATED HEREIN. FOR: THE PURPOSE OF CONSTRUCTION OF A SANITARY SEWER LINE 20 FEET IN WIDTH AND ALLIED FACILITIES, TOGETHER WITH THEIR OPERATION, MAINTENANCE, RIGHT OF SUCCESS TO SUCH FACILITIES AT ANY AND ALL TIMES IN FAVOR OF: CITY OF MERIDIAN RECORDED: MAY 23, 1979 INSTRUMENT NO.: 7927854 AFFECTS: A PORTION OF SAID PREMISES WITHIN EAST HALF OF THE SOUTHWEST QUARTER OF NORTHEAST QUARTER AND EAST HALF OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 3 CONTINUED P183117 f. Y 10. COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS DATED: JUNE 13 1984 EXECUTED BY: KENT G. BARNEY AND MARY R. BARNEY, HUSBAND AND WIFE RECORDED: JUNE 25, 1984 INSTRUMENT NO.: 8431540 11. TERMS AND PROVISIONS OF AGREEMENT DATED: AUGUST 19, 1986 BETWEEN: KENT BARNEY AND ADA COUNTY HIGHWAY DISTRICT RECORDED: AUGUST 22, 1986 INSTRUMENT NO.: 8649554 12. COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS. RECORDED: OCTOBER 31, 1986 INSTRUMENT NO.: 8665807 AMENDMENT TO SAID COVENANTS RECORDED: NOVEMBER 9, 1988 INSTRUMENT NO.: 8855338 13. LETTER EXECUTED BY BEN. FRAN DEVELOPMENT, INC.. A CORPORATION DATED: MARCH 3, 1990 RECORDED: JUNE 15, 1990 AS INSTRUMENT NO.: 9031650 PROVIDING: CHERRY LANE DEVELOPMENT, INC. HAS BENJFRAN'S APPROVAL TO USE THE NAME "CHERRY LANE VILLAGE" ON ALL,SEQUENT PLATS OF THE PROPERTY 14. LETTER EXECUTED BY CENTRAL DISTRICT HEALTH DEPARTMENT DATED: JULY 241 1990 RECORDED: JULY 27, 1990 INSTRUMENT NO.: 9039632 PROVIDING: NO LOT SIZE MAY BE REDUCED WITHOUT PRIOR APPROVAL OF THE HEALTH AUTHORITY. 15. COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS DATED: OCTOBER 11, 1990 EXECUTED BY: CHERRY LANE DEVELOPMENT RECORDED: NOVEMBER 28, 1990 INSTRUMENT NO.: 9064646 SAID RESTRICTIONS BEING A RE-RECORD OF RESTRICTIONS RECORDED OCTOBER 25, 1990 UNDER INSTRUMENT NO. 9057877 16. LETTER EXECUTED BY CENTRAL DISTRICT HEALTH DEPARTMENT DATED: JULY 7, 1993 RECORDED: OCTOBER 4, 1993 AS INSTRUMENT NO.: 9382421 PROVIDING: NO LOT SIZE MAY BE REDUCED WITHOUT PRIOR APPROVAL OF THE HEALTH AUTHORITY. 17. AN EASEMENT CONTAINING CERTAIN TERMS, CONDITIONS AND PROVISIONS AFFECTING A PORTION OF SAID PREMISES AND FOR THE PURPOSES STATED HEREIN FOR: ACHD STORM DRAINAGE IN FAVOR OF: ADA COUNTY HIGHWAY DISTRICT RECORDED: JANUARY 6, 1995 INSTRUMENT NO.: 95000981 18. EFFECT OF LETTER EXECUTED BY CHERRY LANE HOMEOWNERS ASSOCIATION RECORDED: AUGUST 7, 1995 INSTRUMENT NO.: 95054444 FOR: PRESSURIZED IRRIGATION SYSTEM AFFECTS: CHERRY LANE VILLAGE NO. 3, 4 & 5 CONTINUED P183117 19. LETTER EXECUTED BY CENTRAL DISTRICT HEALTH DEPARTMENT DATED: MARCH 13, 1995 RECORDED: AUGUST 31, 1995 INSTRUMENT NO.: 95062779 PROVIDING: NO LOT SIZE MAY BE REDUCED WITHOUT PRIOR APPROVAL OF THE HEALTH AUTHORITY 20. COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS RECORDED: NOVEMBER 2, 1995 INSTRUMENT NO.: 95080781 21. EFFECT OF LETTER EXECUTED BY CHERRY LANE HOMEOWNERS ASSOCIATION RECORDED: DECEMBER 8, 1995 INSTRUMENT NO.: 95090445 FOR: PRESSURIZED IRRIGATION SYSTEM AFFECTS: CHERRY LANE VILLAGE NO. 3, 4 & 5 22. AN EASEMENT CONTAINING CERTAIN TERMS, CONDITIONS AND PROVISIONS AFFECTING A PORTION OF SAID PREMISES AND FOR THE PURPOSES STATED HEREIN FOR: AN EASEMENT AND RIGHT OF WAY IN FAVOR OF: UNITED CABLE TELEVISION CORPORATION, DBA TCI CABLEVISION OF TREASURE VALLEY RECORDED: DECEMBER 15, 1995 INSTRUMENT NO.: 95092346 23. AN EASEMENT CONTAINING CERTAIN TERMS, CONDITIONS AND PROVISIONS AFFECTING A PORTION OF SAID PREMISES AND FOR THE PURPOSES STATED HEREIN FOR: ACHD STORM DRAINAGE IN FAVOR OF: ADA COUNTY HIGHWAY DISTRICT RECORDED: JUNE 11, 1996 INSTRUMENT NO.: 96049726 24. TERMS AND PROVISIONS OF AGREEMENT DATED: JULY 23, 1996 BETWEEN: CITY OF MERIDIAN AND BOISE RESEARCH CENTER, INC. RECORDED: NOVEMBER 8, 1996 INSTRUMENT NO.: 96066756 25. AN EASEMENT CONTAINING CERTAIN TERMS, CONDITIONS AND PROVISIONS AFFECTING A PORTION OF SAID PREMISES AND FOR THE PURPOSES STATED HEREIN FOR: STORM DRAINAGE EASEMENT IN FAVOR OF: ADA COUNTY HIGHWAY DISTRICT RECORDED: NOVEMBER 21, 1996 INSTRUMENT NO.: 96096393 AFFECTS: A 29.00 FOOT WIDE DRAINAGE EASEMENT LOCATED IN THE SW1/4 OF THE NW1/4 26. AGREEMENT EXECUTED BY AND BETWEEN THE PARTIES HEREIN NAMED UPON THE TERMS, CONDITIONS AND PROVISIONS THEREIN PROVIDED. BETWEEN: NAMPA MERIDIAN IRRIGATION DISTRICT (343-1884) AND THE CITY OF MERIDIAN DATED: OCTOBER 15, 1996 RECORDED: NOVEMBER 222 1996 INSTRUMENT NO.: 96096586 PROVIDING: THE PURPOSE OF THIS LICENSE AGREEMENT IS TO PERMIT THE LICENSEE TO INSTALL CULVERTS IN PORTIONS OF THE EIGHTMILE LATERAL AND CROSS PORTIONS OF THE EIGHTMILE LATERAL WITH IRRIGATION PIPELINES AND POND PIPELINES ADDENDUM TO LICENSE AGREEMENT RECORDED JUNE 23, 1997 UNDER INSTRUMENT NO. 97049242. CONTINUED P183117 27. AN EASEMENT CONTAINING CERTAIN TERMS, CONDITIONS AND PROVISIONS AFFECTING A PORTION OF SAID PREMISES AND FOR THE PURPOSES STATED HEREIN FOR: A PERPETUAL EASEMENT TO CONSTRUCT, RECONSTRUCT, MODIFY, CHANGE, ADD TO, OPERATE, MAINTAIN AND REMOVE SUCH TELECOMMUNICATIONS FACILITIES, ELECTRICAL FACILITIES AND GAS FACILITIES, AND APPURTENANCES IN FAVOR OF: U.S. WEST COMMUNICATIONS, INC. RECORDED: FEBRUARY 3, 1997 INSTRUMENT NO.: 97008435 28. AN EASEMENT CONTAINING CERTAIN TERMS, CONDITIONS AND PROVISIONS AFFECTING A PORTION OF SAID PREMISES AND FOR THE PURPOSES STATED HEREIN FOR: A PERPETUAL EASEMENT TO CONSTRUCT, RECONSTRUCT, MODIFY, CHANGE, ADD TO, OPERATE, MAINTAIN AND REMOVE SUCH PUBLIC UTILITIES, LANDSCAPE AND IRRIGATION FACILITIES AND APPURTENANCES IN FAVOR OF: THE PUBLIC RECORDED: FEBRUARY 3, 1997 INSTRUMENT NO.: 97008436 29. AN EASEMENT CONTAINING CERTAIN TERMS, CONDITIONS AND PROVISIONS AFFECTING A PORTION OF SAID PREMISES AND FOR THE PURPOSES STATED HEREIN FOR: STORM DRAINAGE EASEMENT IN FAVOR OF: ADA COUNTY HIGHWAY DISTRICT RECORDED: APRIL 2, 1997 INSTRUMENT NO.: 97025385 30. AN EASEMENT CONTAINING CERTAIN TERMS, CONDITIONS AND PROVISIONS AFFECTING A PORTION OF SAID PREMISES AND FOR THE PURPOSES STATED HEREIN FOR: A PERPETUAL EASEMENT TO CONSTRUCT, OPERATE, MAINTAIN AND REPAIR SUCH IRRIGATION FACILITIES IN FAVOR OF: ASHFORD GREENS OWNERS ASSOCIATION RECORDED: JULY 10, 1997 INSTRUMENT NO.: 97054723 31. LETTER EXECUTED BY CENTRAL DISTRICT HEALTH DEPARTMENT DATED: FEBRUARY 13, 1997 RECORDED: AUGUST 13, 1997 INSTRUMENT NO.: 97064836 PROVIDING: NO OWNER SHALL CONSTRUCT ANY BUILDING, DWELLING OR SHELTER WHICH NECESSITATES THE SUPPLYING OF WATER OR SEWAGE, FACILITIES FOR PERSONS USING SUCH PREMISES UNTIL SANITARY RESTRICTION REQUIREMENTS ARE SATISFIED AND LIFTED. 32. LICENSE AGREEMENT EXECUTED BY AND BETWEEN THE PARTIES HEREIN NAMED UPON THE TERMS, CONDITIONS AND PROVISIONS THEREIN PROVIDED. BETWEEN: NAMPA MERIDIAN IRRIGATION DISTRICT (343-1884) AND LOUIS STEINER AND BRENDA STEINER DATED: NOVEMBER 18, 1997 RECORDED: NOVEMBER 21, 1997 INSTRUMENT NO.: 97096906 PROVIDING: FOR IRRIGATION DITCH OR CANAL KNOWN AS EIGHTMILE LATERAL 33. AN EASEMENT CONTAINING CERTAIN TERMS, A PORTION OF SAID PREMISES AND FOR THE FOR: A PERPETUAL EASEMENT FOR INGRESS IN FAVOR OF: CITY OF MERIDIAN RECORDED: JULY 10, 1998 INSTRUMENT NO.: 98066572 CONTINUED CONDITIONS AND PROVISIONS AFFECTING PURPOSES STATED HEREIN AND EGRESS P183117 34. AN EASEMENT CONTAINING CERTAIN TERMS, CONDITIONS AND PROVISIONS AFFECTING A PORTION OF SAID PREMISES AND FOR THE PURPOSES STATED HEREIN FOR: POWER LINE EASEMENT IN FAVOR OF: IDAHO POWER COMPANY, A CORPORATION RECORDED: JANUARY 28, 1999 INSTRUMENT NO.: 99008309 35. AN EASEMENT CONTAINING CERTAIN TERMS, CONDITIONS AND PROVISIONS AFFECTING A PORTION OF SAID PREMISES AND FOR THE PURPOSES STATED HEREIN FOR: A PERPETUAL EASEMENT FOR INGRESS AND EGRESS IN FAVOR OF: CITY OF MERIDIAN, A MUNICIPAL CORPORATION RECORDED: APRIL 15, 1999 INSTRUMENT NO.: 99036694 36. AN EASEMENT CONTAINING CERTAIN TERMS, CONDITIONS AND PROVISIONS AFFECTING A PORTION OF SAID PREMISES AND FOR THE PURPOSES STATED HEREIN FOR: STORM WATER DRAINAGE EASEMENT IN FAVOR OF: ADA COUNTY HIGHWAY DISTRICT RECORDED: MAY 25, 1999 INSTRUMENT NO.: 99052407 37. LIENS, DUES AND OR ASSESSMENTS OWING THE ASSOCIATION HEREIN NAMED WHICH MAY HAVE HERETOFORE ATTACHED PURSUANT TO THE PROVISIONS OF COVENANTS, CONDITIONS AND RESTRICTIONS. ASSOCIATION: CHERRY LANE VILLAGE HOMEOWNERS ASSOCIATION 38. A PROPER LEASE MUST BE EXECUTED AND RECORDED AND THE POLICY TO ISSUE WILL BE SUBJECT FURTHER TO THE FOLLOWING: "TERMS, CONDITIONS AND COVENANTS CONTAINED IN THE LEASE OR LEASES DESCRIBED OR REFERRED TO IN SCHEDULE A HEREOF AND THE EFFECT OF ANY FAILURE TO COMPLY WITH SAID TERMS, CONDITIONS AND COVENANTS." 39. TERMS AND PROVISION OF LETTER DATED: MARCH 28, 1979 TO: IDAHO FIRST LEASECO RECORDED: JULY 30, 1979 INSTRUMENT NO.: 7941413 40. AN UNRECORDED LEASE AFFECTING THE PREMISES HEREIN STATED, TO THE LESSEE HEREIN NAMED, FOR THE TERMS AND UPON THE TERMS, COVENANTS AND CONDITIONS THEREIN PROVIDED. LESSEE: CHERRY LANE RECREATION, INC. DISCLOSED: BY LETTER RECORDED: JULY 30, 1979 INSTRUMENT NO.: 7941413 41. THE PROPOSED DEED OF TRUST/MORTGAGE MUST BE AUTHORIZED BY RESOLUTION OF THE DIRECTORS OF THE HEREIN NAMED CORPORATION AND A CERTIFIED COPY SUBMITTED. CORPORATION: CHERRY LANE RECREATION, INC. 42. WE REQUEST A SHOWING OF AUTHORITY OF THE OFFICERS EXECUTING THE PROPOSED INDENTURE ON BEHALF OF THE HEREIN NAMED CORPORATION. CORPORATION: CHERRY LANE RECREATION, INC. END OF EXCEPTIONS CONTINUED P183117 NOTE: THERE IS NO NOTICE OF RECORD AND THEREFORE NO SEARCH HAS BEEN MADE FOR ANY UNPAID ASSESSMENTS, CHARGES OR FEES FOR SEWER, WATER, GARBAGE, IRRIGATION AND OTHER POSSIBLE UTILITY SERVICES. NOTE: IF THE PROPOSED INSURED UNDER THE POLICY TO ISSUE HAS ANY QUESTIONS CONCERNING THE COVERAGE OR EXCLUSIONS FROM COVERAGE, THE COMPANY WILL BE PLEASED TO PROVIDE AN EXPLANATION. NOTE: PURSUANT TO THE STATE OF IDAHO INSURANCE REGULATIONS, A CANCELLATION FEE IS TO BE CHARGED ON ALL CANCELLED ORDERS. UNLESS OTHERWISE ADVISED, ORDERS WILL BE CONSIDERED CANCELLED SIX MONTHS AFTER THE EFFECTIVE DATED ON THE COMMITMENT. THE AMOUNT OF THE FEE ASSESS SHALL BE IN ACCORDANCE WITH OUR RATE FILING WITH THE IDAHO DEPARTMENT OF INSURANCE. NOTE: THE COMPANY EXPRESSLY DISCLAIMS ANY LIABILITY RESULTING FROM DATE FIELD RELATED COMPUTER PROCESSING ERRORS, INCLUDING WITHOUT LIMITATION, "YEAR 2000" ERRORS, OF THIRD PARTIES UPON WHOM THE COMPANY DEPENDS IN PROCESSING INFORMATION NECESSARY TO ACT AS THE SETTLEMENT AGENT AND/OR INSURE THE TRANSACTION. THIS NOTE IS FOR INFORMATION PURPOSES ONLY; IT WILL NOT BE CARRIED OVER INTO ANY TITLE POLICY AND WILL NOT BE CONSTRUED IN ANY WAY TO MODIFY OR LIMIT ANY POLICY WHICH IS ISSUED PURSUANT TO THIS COMMITMENT. 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 5931" 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 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 00'00" 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 12120" 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 2522", 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 00'00" 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 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 5/8" IRON PIN; THENCE SOUTH 88 DEGREES 5531" 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 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 4757" 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 & 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 QUARTER OF SECTION 3, TOWNSHIP 3 MERIDIAN, ADA COUNTY, IDAHO MORE LEGAL CONTINUED THE SOUTHWEST QUARTER OF THE NORTHWEST NORTH, RANGE 1 WEST, BOISE MERIDIAN, PARTICULARLY DESCRIBED AS FOLLOWS: File Number: P183117 PAGE 5 PACREL 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 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, 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 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 5531" EAT, 1784.61 FEET TO A POINT; THENCE NORTH 1 DEGREE 04'29" EAST, 303.15 FEET TO THE REAL POINT OF BEGINNING; THENCE LEGAL CONTINUED 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 23'04" 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 45'15" 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 -D 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 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 3827" 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 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 ADA COUNTY, IDAHO. END OF LEGAL DESCRIPTION il�r .j .....'.'. cerdrr serft 3 Brew�'Ga�� THE ADJUSTED LOT LINES FOR LOTS 8, 9, 10, BLOCK I, LAKE AT CHERRY A PORTION OF THE S.E. 1:4, SECTION 3, T 3N.,R.I W., B.M. , ADA COUNTY, I D. , I BLESS ENGINEERING 1986 NBrt'S932"E d Met" One Quarter vComer -Fund LANE S( CMTMC 9 OF CITY Mi"MM I, the utderelrsd. City EnpYsa, In and for the Clty of Meridian, Ada Courtly, Idaho, do hereby ockradedpe that I have chocked this APPRt�VAL plat and Nal N canto," wft Me State of Idaho Code rebtlnp b *te and surve". Accepk d and 19!35, by the le-ft-fts Clfy Er*— ty Cler i The Mn WWW*d part," do hrlby cw*y and agree that they are presently Me reem red uoperly, napped hereon, am that IM undedoned parfles do hereby adknowled" as dwm an the nap. I_ L 08',T THE LAKE AT CHE LANE GRA KHVGSrr'R LOT 9, THE L.AK MARY R. _ACKNO_W) SWE Of RMNO) STATE OF IDAHO ADA OUtINTY OF ADA) COUNTY OF 0" ftlg!dy d bebn me,lhs urderslprnd, Ido}lo, appeared On Irisnd day as puNic in and for Its o roby puWk N and for ttr of personoly NMA G. and R Barrsy, Mnown b me b be 1M owners d record t+k T of M Merldl. of Maida IfIoM B, IQ Block I, TTs Larks N (teeny Lns, aM whose names are ellbeoAled b tls •MItMt ktHry nee, and oehnowled0ed tome el k 1. b Mr within Lis two I" $mom the ears. srsme. My bond wpkes My Do +d urp!nr OTA+ t I, r Office of the City Attorney The City of Meridian - Idaho's Initial Point of Beginning To: Mayor and City Council From: Bill Gigray, City Attomey Re: Property Exchange Lot Line Adjustment Date: August 13,.1999 200 E. Carlton Ave. Suite 31 - PO Box 1150 Meridian ID 83680-1150 Phone 288-2499 Fax: 288-2501 E-mail: wfg@wppmg corn CEIV AUG 1 3 1999 CITY OFINMERIDULN The City Council has for your consideration on the consent agenda an item entitled: Consent Agenda Item no. D Property Exchange lots 8 and 9 Block 1 The Lake at Chert' Lane. You should also have a copy of a portion of the lot line adjustment survey which depicts the lands in question. What this action is about is to give the Mayor and Clerk authority to execute the quit claim deed from the City to the Shields and to authorize the receipt of the real property to be deeded to the City from the Shields. This action on the lot line adjustment took place in 1985 and the deeds were never prepared or executed to complete the land transfer. The proposed deeds were prepared by Pioneer Title Company. I have called Harold Huston at Pioneer Title to find out if there is any encumbrance on the Shields property and there is with North American Mortgage Company recorded as instrument no. 99019728 records of Ada County. I recommend that this matter be pulled from the consent agenda and-tabled for at least one meeting. The purpose of the request is to advise the Shields of the lien and to request that they obtain the deed of partial reconveyance of the lien holder. The City will request a partial release or partial deed of reconveyance of the subject property from North American Mortgage Company to the Shields which will have to be recorded before the quit claim deed to the City is recorded. Reason, a quitclaim deed does not convey after acquired title and it does not warrant title. The City should not convey its interest until the Shields are in a position to convey good title to the property that is to be deeded to the City. 2 L J I I- j . l_ 19 06 906 'j o N07-0 anil- - I r*4obdlw I riod MA C o Q a a C. r4 p '.?1;0 'NY LIr MON 11114 EA. EMENT LINES PIONEER TITLE COMPANY OF ADA COUNTY 821 West State Street / Boise, Idaho 83702 (208) 336-6700 8151 W. Rifleman Street / Boise, Idaho 83704 (208) 377-2700 SPACE ABOVE FOR RECORDING DATA QUITCLAIM DEED FOR VALUE RECEIVED ^� City of Meridian, a municipal corporation S' ^� do hereby convey, release, remise and forever quitclaim S' unto 4' Paul R. Shields and Suzanne M. Shields, husband and wife �^ I^ whose address is: S' the following described premises, to wit: Lot 8 in Block 1 of Lot Line Adjustment Record of. Survey No. 802, recorded October 9, 1985 as instrument no. 8553745, being a portion of Lots 8 and 9 in Block 1 of The Lake at Cherry Lane, according to the official plat thereof, filed in Book 52 of plats at pages 4569-4570 records of Ada County, Idaho. together with their appurtenances. Dated: t� STATE OF County of ss.� rOn this day or in the year of before mey a notary public' S� ^ personally appeared, �7 known or identified to me to be the person(s) whose name(s) subscribed to the within instrument, and acknowledged to me that _ he executed the same. S Notary Public: 'q ^t Residing at: 1 ^� My Commission Expires: y + w�Or�O?�Ciitl(Y)fS0(niit7l�0iiO1i�J[3f1i) f�111 n [� f� n L� f) [�� 1P11> �f��'l1Vf�!?[�t!i(r<iOiiOL�Cti �piiQ(1l�L1diS4['lOclYyt �It N i PIONEER TITLE COMPANY u OF ADA COUNTY �f. 821 West State Street / Boise, Idaho 83702 (208) 336-6700 8151 W. Rifleman Street / Boise, Idaho 83704 (208) 377-2700 SPACE ABOVE FOR RECORDING DATA s QUITCLAIM DEED^ s y^ -ti FOR VALUE RECEIVED ,j Paul R. Shields and Suzanne M. Shields, husband and wife C:. 37 do hereby convey, release, remise and forever quitclaim unto City of Meridian, a municipal corporation S' ^� ^� whose address is: S.4 t' the following described premises, to wit: '44 r` s' Lot 9 in Block 1 of Lot Line Adjustment Record of Survey No. �a 802, recorded October 9 1985 as instrument no. 8553745, being r� a portion of Lot 8 in Block 1 of The Lake at Cherry Lane, according to the official plat thereof, filed in Book 52 of plats at pages 4569-4570, records of Ada County, Idaho. C �^ r y yl S� together with their appurtenances. Dated: STATE OF County of ss. ' r3 On this day of in the year of before me a notary public, personally appeared, known or identified to me to be the person(s) whose name(s) subscribed to the within instrument, and acknowledged to me that he executed the same. i; S:1 1 Notary Public: :.1 Residing at: My Commission Expires: C '0 Y�- y[1tcn vnsff illinnnniQ Ti'? tnWt3TIMITIT?n(ff1n1TLn$CYtM�Tl-1 wvvx lei1f1 n11_ WHITE, PETERSON, PRUSS, MORROW & GIGRAY, P.A. ATTORNEYS AT LAW JUSTIN P. AYLSWORTH JULIE KLEIN FISCHER WM. F. GIGRAY, III D. SAMUEL JOHNSON WILLIAM A. MORROW CHRISTOPHER S. NYE PHILIP A. PETERSON STEPHEN L. PRUSS ERIC S. ROSSMAN TODD A. ROSSMAN R. STEPHEN RUTHERFORD TERRENCE R. WHITE Mr. and Mrs. Paul R. Shields 3835 W. Sea Island Ct. Meridian, Idaho 83642-1075 200 EAST CARLTON AVENUE, SUITE 31 POST OFFICE BOX 1150 MERIDIAN, IDAHO 83680-1150 TEL (208) 288.2499 FAX (208) 288.2501 Email via Internet (c'u wfgLcuwppmg.com August 16, 1999 Re: GOLF COURSE LOT LINE ADJUSTMENT FILE NO.: 4.1.1.B RETURN RECEIPT REQUESTED Dear Mr. and Mrs. Shields: NAMPA OFFICE 104 NINTH AVENUE SOUTH POST OFFICE BOX 247 NAMPA, IDAHO 83653-0247 TEL (208) 466-9272 FAX (208) 466-4405 PLEASE REPLY TO MERIDIAN OFFICE AUG 16 1999 CITE OF N" RIDIAN Please be advised that the City of Meridian is prepared to move forward and execute the necessary deed to convey property to you, in what is now adjusted Lot 8 in Block 1 of Lot Line Adjustment Record of Survey No. 802, recorded October 9, 1985, as Instrument No. 8553745, records of Ada County, in exchange for your QuitClaim Deed to Lot 9 therein. This will assure that the lot line adjustment is completed. In order to complete this transaction, the City will require your lien holder, North American Mortgage Company, to do a partial release of its lien to the property now in Lot 9, which was originally in Lot 8 before the lot line adjustment. This is so the City receives clear title. I also request that you advise of any other liens that might affect Lot 9 prior to conveyance. Mr. and Mrs. Paul R. Shields August 16, 1999 Page I am enclosing, for your review, a copy of the lot line adjustment survey and a copy of the proposed deeds to be executed by you and the Citv. We are willing to work with your lender to get this resolved. Please advise. Very truly yours, Wm. i av, I Enclosures cc: Mayor Robert D. Corrie William G. Berg, Jr., Citv Clerk msgiZ\Work\M\Merldlan 15360M\CherrvLane Land Exchange\Shie1ds081699.Ltr